20160113 SM1MIAMIBEACH
City Gommission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 13,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the Gity Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any Gity Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the Gity Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5N An Ordinance Amending Chapter 30 Of The Miami Beach City Code, Entitled "Code Enforcement," By
Amending Article ll, Entitled "special Master," ByAmending Section 30-37, Entitled "Terms Of Office;
Compensation"; By Amending The Compensation Of The Special Master(s); Providing For
Codification, Repealer, Severability, And An Effective Date. First Readinq
(Sponsored by Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(Memorandum & Ordinance)
RsS An Ordinance Amending The Code Of The City Of Miami Beach, Subpart B, Entitled "Land
Development Regulations," Of Chapter 142, Entitled "Zoning Districts And Regulations," By Amending
Division 2, Entitled "Accessory Uses"; ByAmending Section 142-905, Entitled "Permitted Accessory
Uses ln Single-Family Districts," By lncreasing The Monetary Fines For Violations Of Subsection
(bXS); By Amending Article lV, Entitled "Supplementary District Regulations," By Amending Division 3,
Entitled "supplementary Use Regulations," By Amending Section 142-1111, Entitled "Short-Term
Rental Of Apartment Units Or Townhomes," By lncreasing The Monetary Fines For Violations Of
Subsection 142-111 1(a), (b) And (c); And Providing For Repealer, Severability, Codification, And An
Effective Date. First Readinq
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
(Memorandum & Ordinance)
1
Supplemental 1, January 13,2016
R9 - New Business and Gommission Requests
RgT Motion To ReconsiderVote On Agenda ltem R7C From December 16,2015 City Commission
Meeting (Re: South Beach Component Of The Direct Connect Transit Project).
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Memorandum)
2
&:BtA(_ i-{
OFFICE OF THE CITY ATTORNEY
RAUI AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
crrYArro--r+\Cr\-
JANUARY 1?,2016
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30
OF THE MIAMI BEAGH CITY CODE, ENTITLED "CODE
ENFORCEMENT,'' BY AMENDING ARTICLE II, ENTITLED..SPECIAL MASTER,'' BY AMENDING SECTION 30.37, ENTITLED
"TERMS OF OFFICE; COMPENSATION"; BY AMENDING THE
COMPENSATION OF THE SPECIAL MASTER(S); AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
This Ordinance amendment is sponsored by Commissioner Michael Grieco. The proposed
Ordinance amendment provides an increase to the hourly compensation amount for those
Special Masters appointed by the Chief Special master. The hourly rate will be adjusted to
$150.00 (a $50.00 per hour increase), and thus reflects the current prevailing rates for other
governmental agencies within Miami-Dade County that employ such Special Masters.
It is anticipated that this ordinance amendment will serve to represent a more realistic and
equitable compensation amount for the City's Special Masters.
RA/AB/sc
Agenda ftem RrN_.v_ iaGB;lL3
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSTON OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE
MIAMI BEACH CIry GODE, ENTITLED "CODE ENFORCEMENT," BY
AMEND!NG ARTICLE I!, ENTITLED "SPECIAL MASTER," BY
AMENDING SEGTION 30.37, ENTITLED "TERMS OF OFFICE;
COMPENSATION"; BY AMENDING THE COMPENSATION OF THE
SPECIAL MASTER(S); PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Code of Law and Ordinances are issued by the
City's regulatory departments, and are heard by the City's Chief Special Master and his
appointed Special Masters; and
WHEREAS, the Chief Special Master appoints those Special Masters to hear these
various code violations, and are compensated pursuant to the hourly rate set forth in Section
30-37 of the City Code; and
WHEREAS, the hourly rate of compensation has not been appropriately adjusted
since 1996, and does not reflect the correct reasonable prevailing rates in Miami-Dade County
Florida; and
WHEREAS, the hourly rate of compensation should be adjusted to reflect the
prevailing rate of $150.00 per hour.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
GOMMISSION OF THE GIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 30, "Code Enforcement," Article ll, "Special Master," Section 30-37,
entitled, "Terms of office; compensation"; of the Code of the City of Miami Beach, Florida, is
hereby established, as follows:
Chapter 30. CODE ENFORCEMENT
On,"a U. Special ,""*,
Sec. 30-37. Terms of office; compensation.
(a) The chief special master shall be appointed for a term of six months and shall receive an
hourly rate of compensation in accordance with reasonable prevailing rates for chief
special masters and retired circuit court judges in the county as determined by the city
manager.
(b) Other special masters shall be appointed for a term of six months and shall receive
compensation at the base rate of $1O0€O $150.00 per hour with a maximum payment of
$see$O $750.00 per hearing session.
4
SECTION 2. CODIFICATION.
It is the intention of the 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
re-lettered 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.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shalltake effect upon adoption.
PASSED AND ADOPTED this _ day of 2016.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CITY CLERK
Underscore denotes new language
S+rike+nreugh denotes deleted language
(Sponsored by Commissioner Michael Grieco)
APPROVEDASIO
FONM &UI.IGI'AGE
lFigR E(ECT'IIEIT{
I^ (-l'-(t-\CE%u-r
5
THIS PAGE INTENTIONALLY LEFT BLANK
6
A ,''i;'"'',,it',.i"'t,
ry
OFFICE OF THE CITY AITORNEY
RAUI AGUIIA, CITY ATTORNEY
[3 [: "lI, i"- i J
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR PH!LIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
RAUL J. AGUTLA, crry ArroRNE Z-l*/ ) \",--
JANUARY 1r,2016 r=\ * '*' /'
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,'' OF CHAPTER 142, ENTITLED "ZONING DISTRICTS
AND REGULATIONS,'' BY AMENDING DIVISION 2, ENTITLED
"ACCESSORY USES"; BY AMENDING SECTION 142-905, ENTITLED..PERMITTED ACCESSORY USES !N SINGLE.FAMILY DISTRICTS," BY
INCREASING THE MONETARY FINES FOR VIOLATIONS OF
SUBSECTION (bXs); BY AMENDING ARTICLE lv, ENTITLED..SUPPLEMENTARY DISTRICT REGULAT!ONS," BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS,'' BY
AMENDING SECTION 142.1111, ENTITLED "SHORT-TERM RENTAL OF
APARTMENT UNITS OR TOWNHOMES,'' BY INGREAS!NG THE
MONETARY FINES FOR VIOLATIONS OF SUBSECTION ',42-1111(a), (b)
AND (c); AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Mayor Philip Levine has proposed an ordinance amendment to Section 142-105(5) and 142-
1111 of the Miami Beach Code, which will modify the existing fine schedules in both Ordinances
by substantially increasing the monetary fines.
The increased fine amounts are an important public policy component that will ensure the City's
residents to the quiet enjoyment of their single and multifamily residences, and to make certain
that the character and value of the residential neighborhoods and residences are protected and
properly preserved. The City has a substantial interest in maintaining the aesthetics, character
and tranquility of its residential neighborhoods, in conjunction with regulating the flow of traffic,
which this Ordinance amendment directly advances these important governmental interests.
This amendment will prohibit the unscrupulous conduct of those persons seeking to financial
exploit the rental of single and multi-family residences, thereby creating adverse living
conditions for the City residents that results in excessive number of guests, vehicle and noise
that tragically impact these quiet residential communities.
The amendment to this Land Development Regulation must be presented to the Planning
Board, and the Mayor and City commission must have this matter transmitted to the Planning
Board for their review on January 26,2016.
RA/AB/sc
Aqenda ltem 85 9
Date bl3-lb7
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED.,ZONING DISTRICTS AND REGULATIONS,'' BY AMENDING
DIVISION 2, ENTITLED "AGCESSORY USES"; BY AMENDING
SECTION 142.905, ENTITLED "PERMITTED ACCESSORY USES !N
SINGLE.FAMILY DISTRICTS," BY INCREASING THE MONETARY
FINES FOR VIOLATIONS OF SUBSECTION (bXs); BY AMENDING
ARTICLE !V, ENTITLED "SUPPLEMENTARY DISTRICT
REGULATIONS," BY AMENDING DIVISION 3, ENTITLED,.SUPPLEMENTARY USE REGULATIONS,'' BY AMENDING SEGTION
142.1111, ENTITLED "SHORT.TERM RENTAL OF APARTMENT
UNITS OR TOWNHOMES," BY INCREASING THE MONETARY FINES
FOR VIOLATIONS OF SUBSECTION 142-1111(al, (b) AND (c); AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations ("LDRs") restrict single-family and multi-
family residential properties to residential and compatible uses; and
WHEREAS, the rental of single-family residential properties in districts zoned RS-1, RS-
2, RS-3 and RS-4 ("Single Family Residential Homes") for periods of less than six months and
one day is prohibited; and
WHEREAS, single and multi-family residences used on a transient basis, creates
excessive numbers of guests, vehicles and noise, causing inappropriate adverse impacts on the
surrounding residences and residential neighborhood; and
WHEREAS, the City has a substantial interest in maintaining the aesthetics, character
and tranquility of its residential neighborhoods, as well as in regulating traffic flow, and these
amendments directly advances these interests by serving a narrowly tailored interest of the City;
and
WHEREAS, the Mayor and City Commission finds that a substantial increase in the
monetary fines for these prohibited conduct is consistent with and further the public health,
safety and welfare of the City and its residents; and
WHEREAS, this increase in the monetary fine amounts for prohibited transient rentals in
single-family districts and transcient rental of apartment units or townhomes, are hereby
adopted to accomplish the above objectives.
NOW, THEREFORE, BE !T DULY ORDAINED BY THE MAYOR AND GITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 2, entitled "Accessory Uses," of Article lV, entitled "Supplementary
District Regulations," of Chapter 142, entitled "Zoning Districts and Regulations," of the Code of
the City of Miami Beach, Florida is hereby amended as follows:
8
Chapter 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
OlVlSPf.f Z. eCCeSS*" rr=,
Sec. 142-905. Permitted accessory uses in single-family districts.
(a) Generally. Permitted accessory uses in single-family districts are those uses which are
customarily associated with single-family houses such as, but not limited to, decks,
swimming pools, spas, ornamental features, tennis courts. However, in no instance shall
landing or storage areas for a helicopter, or other aircraft, be permitted as an accessory
use. The planning and zoning director may allow other accessory uses if the director finds
after consultation with the chairman of the planning board that they will not adversely affect
neighboring properties, based upon the criteria listed in section 142-901. Appeal of the
directo/s decision is to the board of adjustment pursuant to chapter 1 18, article Vlll.
(b) Permitted accessory uses. The following are permitted accessory uses in single-family
districts:
(1) Day care facilities for the care of children are permitted if the following mandatory
criteria are met:
a. A family day care facility shall be allowed to provide care for one of the
following groups of children:
1. A family day care home may care for a maximum of five preschool
children from more than one unrelated family and a maximum of five
elementary school siblings of the preschool children in care after school
hours. The maximum number of five preschool children includes
preschool children in the home and preschool children received for day
care who are not related to the resident caregiver. The total number of
children in the home may not exceed ten under this subsection.
2. When the home is licensed and provisions are made for substitute care, a
family day care home may care for a maximum of five preschool children
from more than one unrelated family, a maximum of three elementary
school siblings of the preschool children in care after school hours, and a
maximum of two elementary school children unrelated to the preschool
children in care after school hours. The maximum number of five
preschool children includes preschool children in the home and preschool
children received for day care who are not related to the resident
caregiver. The total number of children in the home may not exceed ten
under this subsection.
3. When the home is licensed and provisions are made for substitute care, a
family day care home may care for a maximum number of seven
elementary school children from more than one unrelated family in care
after school hours. Preschool children shall not be in care in the home.
The total number of elementary school children in the home may not
exceed seven under this subsection.
2
9
b. Signs on the property advertising the day care facility are prohibited.
c. The family day care facility complies with all applicable requirements and
regulations of the state department of children and family services and the
city's police, fire and building services departments. All of the South Florida
Building Code, city property maintenance standards and fire prevention and
safety code violations shall be corrected prior to the issuance of a city
occupational license.
d. Play area shall only be located in the rear yard and equipment shall be limited
to three pieces of equipment.
e. Day care is prohibited on Sundays.
f. The building shall maintain the external appearance of a single-family home.
g. Site plan shall be approved by the planning and zoning director. The plan shall
include landscaping and a permitted wall or fencing enclosing the rear yard.
h. Family day care facilities shall not be located within 400 feet of another such
facility; except that this restriction shall not apply to state-licensed family day
care homes as defined in F.S. S 402.302(5).
(2) The planning and zoning director may approve a second set of cooking facilities if the
residence contains at least 3,600 square feet of floor area and the arrangement of such
facilities or conditions at the property shall not result in the creation of an apartment
unit. No more than one electric meter shall be placed on the property and that portion
of the residence having the second set of cooking facilities shall not be rented. Appeal
of the director's decision shall be to the board of adjustment.
(3) GuesVservants quarters.
(4) Home based business office, as provided in section 142-1411.
(5) Leases of single-family homes to a family (as defined in section 114-1) for not less than
six months and one day, including extensions for lesser periods of leases permitted
under this subsection to original leaseholders.
a-. The advertisement, as defined in section 142-109(b), of single-family homes for a
period of less than six months and one day shall not be permitted for single-family
districts. and shall be a violation of this section 142-905(bX5).
b-.a. Enforcement.
1. Violations of subsection 142-905(5)a= shall be subject to the following fines.
The special master shall not waive or reduce fines set by this section.
A. lf the violation is the first violation: @
B. lf the violation is the second violation within the preceding 12 24 months:
w$15.000.00
C. lf the violation is the third violation within the preceding 42 24 months:
$ffi $20,000.00
D. lf the violation is the fourth violation within the preceding 12 24 months:
$#00€g $25.000.00
e. lf the violation is the fifth or greater violation within the preceding 12 24
months: ${€SO0€O $30. 000. 00
3
10
Fines for repeat violations by the same offender shall increase regardless of
locations.
ln addition to or in lieu of the foregoing, the city may seek an injunction by a
court of competent jurisdiction to enforce compliance with or to prohibit the
violation of this section.
Any code compliance officer may issue notices for violations of this section
142-905(5). Violations shall be issued to the owner, manager, real estate
broker or agent, or authorized agent, or any other individual or entity that
participates in or facilitates the violation of this section 142-905(5). ln the
event the record owner of the property is not present when the violation
occurred or notice of violation issued, a copy of the violation shall be served
by certified mail on the owner at its mailing address in the property appraiser's
records.
SECTION 2. That Division 3, entitled "Supplementary Use Regulations," of Article lV, entitled
"Supplementary District Regulations," of Chapter 142, entitled "Zoning Districts and
Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Chapter 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 3. SUPPLEMENTARY USE REGULATIONS
Sec. 142-1111. Short-term rental of apartment units ortownhomes.
(a) Limitations and prohibitions.
Unless a specific exemption applies below, the rental of apartment or townhome
residential properties in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-
2, CD-1, RO, R0-3 or TH for periods of less than six months and one day.
Any advertising or-advertisement that promotes the occupancy or use of the residential
property for the purpose of holding commercial parties, events, assemblies, gatherings,
or the occupancy of a residence for less than six months and one day, as provided
herein, or use of the residential premises in violation of this section.
"Advertising" or "advertisement" shall mean any form of communication for marketing
or used to encourage, persuade, or manipulate viewers, readers or listeners for the
purpose of promoting occupancy of a residential property for the purpose of holding
commercial parties, events, assemblies, gatherings, or the occupancy of a residence
for less than six months and one day, as provided herein, upon the premises, as may
be viewed through various media, including, but not limited to, newspaper, magazines,
flyers, handbills television commercial, radio advertisement, outdoor advertising, direct
mail, blogs, websites or text messages.
None of the districts identified below shall be utilized as a hotel.
2.
3.
(1)
(2)
(3)
11
(b) Previously existing shortterm rentals in specified districts. For a period of six months after
June 19, 2010, owners of certain properties located in the following districts shall be eligible
to apply for approval of a certificate of use permitting short-term rental of apartment and
townhome residential units for these properties under the requirements and provisions set
forth below.
(1) Eligibility: Properties within the RM-1 and TH zoning districts in the Flamingo Park and
Espanola Way Historic Districts. Those properties that can demonstrate a current and
consistent history of short{erm renting, and that such short-term rentals are the
primary source of income derived from that unit or building, as defined by the
requirements listed below:
(A) For apartment buildings of four or more units, or for four or more apartment units in
one or more buildings under the same City of Miami Beach Resort Tax ("resort
tax") account. ln order to demonstrate current, consistent and predominant short-
term renting, the property must comply with all of the following:
(i) Have been registered with the city for the payment of resort tax and made
resort tax payments as of March 10,2010; and
(ii) Have had resort tax taxable room revenue equal to at least 50 percent of total
room revenue over the last two-year period covered by such payments; and
(iii) Have been registered, with the State of Florida as a transient apartment or
resort condominium pursuant to Chapter 509, Florida Statutes, as of March
10,2010.
For properties containing more than one apartment building, eligibility may apply to
an individual building satisfying subsections (b)(1XAX|)-(iii) above.
(B) For apartment and townhouse buildings of three or less units, or for three or less
apartment units in one or more buildings under the same state license. ln order to
demonstrate current, consistent and predominant short-term renting, the property
must:
(i) Have been registered with the State of Florida as a resort dwelling or resort
condominium pursuant to Chapter 509, Florida Statutes, as of March 10,
2010.
(2) Time periods for the districts identified in subsection (bX1) to apply for shortterm rental
approvals.
(A) Owners demonstrating compliance with subsection (bX1) above, shall apply for a
certificate of use permitting short-term rental as detailed in subsection 142-1111(f),
within a time period of six months from June 19,2010, or be deemed ineligible to
proceed through the process specified herein for legalization of short{erm rentals.
(B) Within three months of June 19,2010, eligible owners shall apply to obtain all
necessary approvals to comply with the Florida Building Code, Florida Fire
Prevention Code and with all other applicable life safety standards.
(C) Compliance with the applicable requirements of the Florida Building Code and
Florida Fire Prevention Code shall be demonstrated by October 1, 2011, or rights
to engage in short-term rental under this section shall be subject to restrictions
and/or limitations as directed by the building official and/or fire marshal. This
subsection shall not prevent these officials from undertaking enforcement action
prior to such date.
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(D) Applications under this section may be accepted until 60 days after April 1 1, 2012,
upon determination to the planning director that a government licensing error
prevented timely filing of the application.
(3) Eligibility within the Collins Waterfront Local Historic District. Owners of property
located in the Collins Waterfront Local Historic District shall be eligible to apply for
approval of a certificate of use permitting short-term rental of apartment and townhome
residential units under the requirements and provisions set forth below:
(A) Only those properties located south of West 24th Terrace shall be eligible for
short-term rentals.
(B) Only buildings classified as "contributing" in the city's historic properties database
shall be eligible for short-term rentals. The building and property shall be fully
renovated and restored in accordance with the Secretary of the lnterior Guidelines
and Standards, as well as the certificate of appropriateness criteria in chapter 1 18,
article X of these Land Development Regulations.
(C) The property must have registered with the State of Florida as a transient or
condominium pursuant to Chapter 509, Florida Statutes, as of the effective date of
this ordinance.
(D) The property must have registered with the city for the payment of resort tax and
made resort tax payments as of as of the effective date of this ordinance.
(E) Short-term rental use shall be based on a single use for the property. No building
or property seeking to have short-term rentals will be permitted to have mixed
residential uses.
(F) Any property seeking to have short{erm rental will need to demonstrate that there
is on-site management,24 hours per day, seven days a week.
(G) The short-term rental use requires at least a seven-night reservation.
(4) Time period to apply for shortterm rental approvals for those properties located in the
Collins Waterfront Architectural District.
(A) Owners demonstrating compliance with subsection (b)(3), above, shall apply for a
certificate of use permitting shortterm rental as detailed in subsection 142-111 1(e)
within a time period of three months from the effective date of this ordinance, or be
deemed ineligible to proceed through the process specified herein for legalization
of short-term rentals.
(B) Within three months of the effective date of this ordinance, eligible owners shall
have obtained all the necessary approvals to comply with the Florida Building
Code, Florida Fire Prevention Code and with all other applicable life safety
standards.
(C) Compliance with the applicable requirements of the Florida Building Code and
Florida Fire Prevention Code, shall be demonstrated by the effective date of this
ordinance, or rights to engage in shortterm rental under this section shall be
subject to restrictions and/or limitations as directed by the building official and/or
fire marshal. This subsection shall not prevent the building or fire departments
from undertaking enforcement action prior to such date.
(5) ln the event a building approved for short-term rentals in accordance with subsections
(bX3) and (4), above, is demolished or destroyed, for any reason, the future use of any
new or future building on that property shall not be permitted to engage in short-term
rentals, nor apply for short-term rental approval.
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(c)Regulations. For those properties eligible for short{erm rental use as per (b) shall be
permitted, provided that the following mandatory requirements are followed:
(1) Approvals required: applications. Owners, lessees, or any person with interest in the
property seeking to engage in short-term rental, must obtain a certificate of use
permitting short-term rental under this section. The application for approval to engage
in short-term rentals shall be on a form provided for that purpose, and contain the
contact information for the person identified in subsection (3) below, identify the
minimum lease term for which short-term rental approval is being requested, and such
other items of required information as the planning director may determine. The
application shall be accompanied by the letter or documents described in subsection
(9) below, if applicable.
The application for a certificate of use permitting short{erm rentals shall be
accompanied by an application fee of $600.00.
(2) Time period. All short-term rentals under this section must be pursuant to a binding
written agreement, license or lease. Each such document shall contain, at a minimum:
the beginning and ending dates of the lease term; and each lessee's contact
information, as applicable. No unit may be rented more frequently than once every
seven days.
(3) Contact person. All rentals must be supervised by the owner, manager, or a local and
licensed real estate broker or agent or other authorized agent licensed by the city, who
must be available for contact on a 24-hour basis, seven days a week, and who must
live on site or have a principal office or principal residence located within the districts
identified in subsection (b). Each agreement, license, or lease, of scanned copy
thereof, must be kept available throughout its lease term and for a period of one year
thereafter, so that each such document and the information therein, is available to
enforcement personnel. The name and phone number of a Z4-hour contact shall be
permanently posted on the exterior of the premises or structure or other accessible
location, in a manner subject to the review and approval of the city manager or
designee.
(4) Entire unit. Only entire apartment units and townhomes, as defined in section 114-1,
legally created pursuant to applicable law, may be rented under this section, not
individual rooms or separate portions of apartment units or townhomes.
(5) Rules and procedures. The city manager or designee may adopt administrative rules
and procedures, including, but not limited to, application and permit fees, to assist in
the uniform enforcement of this section.
(6) Signs. No signs advertising the property for short-term rental are permitted on the
exterior of the property or in the abutting right-of-way, or visible from the abutting public
right-of-way.
(7) Effect of violations on licensure. Approvals shall be issued for a one-year period, but
shall not be issued or renewed, if violations on three or more separate days at the unit,
or at another unit in any building owned by the same owner or managed by the same
person or entity, of this section, issued to the short-term rental licensee were
adjudicated either by failure to appeal from a notice of violation or a special master's
determination of a violation, within the 12 months preceding the date of filing of the
application.
(8) Resort taxes. Owners are subject to resort taxes for rentals under this section, as
required by city law.
14
(9) Association rules. Where a condominium or other property owners' association has
been created that includes the rental property, a letter from the association dated not
more than 60 days before the filing of the application, stating the minimum rental period
and the maximum number of rentals per year, as set forth under the association's
governing documents, and confirming that short-term rentals as proposed by the
owner's application under subsection (c)(1) above, are not prohibited by the
association's governing documents, shall be submitted to the city as part of the
application.
(10)Variances. No variances may be granted from the requirements of this section.
(d) Enforcement.
(1) Violations of seetien Subsections 142-1111(s),(b), or (g) shall be subject to the
following fines. The special master may shall not waive or reduce fines set by this
section.
A. lf the violation is the first violation: $5OOSO $10.000.00.
B. lf the violation is the second violation within the preceding 42 24 months:
$+soeso $15.000.00.
C. lf the violation is the third violation within the preceding {2 24 months: $5S00SO
$20,000.00.
D. lf the violation is the fourth violation within the preceding 42 24 months: $4500€0
$25.000.00.
E. lf the vielatien is the fifth er greater vielatien within the preeeding 12 menths:
lf the
violaion is the fifth or oreater violation within the precedino 24 months: $30.000.00
and the suspension or revocation of the certificate of use.
Fines for repeat violations by the same offender shall increase regardless of locations.
ln addition to or in lieu of the foregoing, the city may seek an injunction by a court of
competent jurisdiction to enforce compliance with or to prohibit the violation of this
section.
Any code compliance officer may issue notices for violations of this section, with
enforcement of subsection 142-1111(a), and alternative enforcement of subsection
142-111 1(b) and (c) as provided in chapter 30 of this Code. Violations shall be issued
to the owner, manager, real estate broker or agent, or authorized agent, or any other
individual or entity that participates in or facilitates the violation of this section. ln the
event the record owner of the property is not present when the violation occurred or
notice of violation issued, a copy of the violation shall be served by certified mail on the
owner at its mailing address in the property appraiser's records and a courtesy notice
to the contact person identified in subsection (c)(3) above.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
(2)
(3)
8
15
SECTION4. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2016.
Philip Levine, Mayor
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk
Sponsored by Mayor Philip Levine
\-L -- t(a
Ilff
16
City of Miomi Beoch, l70O Convention Center Drive, Miomi Beoch FioriCc 33139 www.miomibeochfl.gov
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
I,,1 {AAAIBEACH
FROM:
DATE:
SUBJECT:
TO:
KRISTEN ROSEN.GONZALEZ
CITY COMMISSIONER
JANUARY 13,2016
MOTION TO RECONSIDER VOTE ON AGENDA ITEM R7C FROM
DECEMBER 16, 2015 CITY COMMISSION MEETING (RE: SOUTH
BEACH COMPONENT OF THE DIRECT CONNECT TRANSIT
PROJECT)
At the December 16,2015 City Commission meeting, we voted to proceed with
"Option 3" of the above referenced Agenda item, to accept receipt of the
unsolicited proposal from Greater Miami Tramlink Partners, and to initiate the
statutory process for receipt of other proposals.
At the time of the vote, I was not aware of the attached letter from FDOT to the
Policy Executive Committee (PEC) members, stating its position that "the
project eligibility for the Federal Transit Administration (FTA) New Starts
Program will be jeopardized if any parties advertise and/or procure any
portion of the Beach Corridor Direct Connection Project prior to completion
of the federal environmental process." The letter further states that, pursuant
to FDOT's Business Plan for the Project, FDOT would accept the proposed
deadline for submitting an application for Federal funding of August 15,
2016 (NOTE: The full FDOT letter plus enclosures is attached to this
Memorandum as Exhibit "A.").
Given FDOT's concerns, I would like to propose that we reconsider our
December 16th vote (to proceed with Option 3) and, in the alternative, that the
City proceed with the recommended FDOT approach, and abate any action until
August 15,2016.
Thank you.
Agenda ltem
Date
RqTT\TE-17
RIC'K SCOTI
covr:RNOll
[entenninl .. .. \
i, l,)r(; ]i.t {.\
,....,.,,: ,,1:;:1 lglS * 20ls
Floritla Depurtn, ent oJ' Tru nsportutiort
l00o Nw lt lrh r\r,enue
lr{iarni, Florida 3i I72-.jg00
J![T BOXOLD
SECNETARY
December 16,201S
The Honorable Carlos.A. Girnenez, Mayor, Miami-Dade CountyThe Honorable Philip Levine, Mayor. City of Miaml Beach
The Honorable Tornas p. Regata-do, t,taior. City of MiamiThe Honorablo Bruno A. Barroiro, Miami-Dade 6ounty commissioner, Districr 5The Honorable Xavier L. suarez, Miami-Dade county co;;ir"ior"i,'oirrri"r z
Dear Policy Execulive Comrniltee (pEC) Members:
The Departmenl has revielve<J the modifications proposed by the pEC (last senlence paragraph 12 of rheattached MoU) and we have delermined lhat prqecietigibi,ii fo; rne-reoerat Transit eomiiiiiration (FTA) NewSlarls program will be ieopardized if any parties iovertije un&* pio.ire any portion of lhe Beach GorridorDirect connection Projectprlor 19 the completion of the federal enviionmenral process. The Department,sBusiness Plan, as presonled at lhe last pEC meeting, ls baseo on r," rrn nil siil;p;;;;.
As part of lhe Buslness Plan, lhe Department accepts the August 1s, 2016 New start project DevelopmentApplicalion deadline, subject to..all pirties completing $roasiign;o tasls agreea upon at the pEC meeting.Each city has besn provided.wilh a scope of servlce lo advanie Fuuti" tn 6lru*"nt r,,lrint"*nce and storageFacllily Analysis: and Visual/Aeslhelics bondition Analysis. tvilami-oadl rransit is also coordinating to linalizslhe Transil service Plan and ridership forecastlng. ln
"irJiiion, rnu o"i"rrr"nt is advanclng mugipleenvironmental and prellminary enginboring lasks-for a ru.*iririappiicarion to FTA, as lvell as to acceleratethe overall schedule. lt is impirrative that iil parties corpreie aisigiJJ rasrs by Juty 1 , 2016.
To.summarize n9I! steP:: tl9 reqygqt for entry to FTA New starts Project Devetopment rvllt be transmitted onor beforeAugust 15, 2016.,Upon FTA acceptinca, lhe Deparr*"nt"iri initiate the 24 month project schedule.and upon successful completion, request enrry to i19 r11'rntineerin; prraie. il;;r;i;;;;ins pnase rvirrrequire addilional documentation and negotiation with rre rictrieve"a Full Funding G"r.ri;gi"ement.
The Dapartment understands thal !lr9t9 T"v be olher comments or concerns lhat your aggncy may have thatmay need to bo addressed before this MoU can be finalized. we-request that you proviilt&, commenls atthe earliest possible date so lhat we can remain on schedute ror an eiecuted Mou within he noxl lhreemonlhs from the date of this.letle1 !!r-oqto-you have any queslions, or require additional informalion, please donot hesitale to conract me ar (30s) 4ro-s1gr or emair oirs.oeoordobi.siate.tt.us.
Enclosure
c: Jimmy L. Morales, Clty Manager. Clty of Miami Beach
Daniet J. Alfonso, Clty Manag-er, Cityof Miaml
Jesus Guena, tnterim MpO Executive Dlrector
Harold Desdunes, p.E., District Direcror of rransporration Deveroprnent
EXHIBIT
18
MEMORANDUM OF UNDEITSTANT'ING
Behyeen
CITY OF MIAMI BEACH, FLORIDA,
CITY OF MIAMI, FLORIDA,
MIAMI.DADE COUNTY, FLORIDA
And
FLORIDA DEPARTMDNT OF TRANSI}OI(TATION, DISTRICT #6
For
BEACH CORRIDOR DIRECT CONNECTION PROJECT
NEPA ENVIRONMENTAL STUDIES, PROJEC'T DEVEI,OPMENT, ENGINEEITING
AND CONSTITUCTION PHASES; FLTNDING; PROJECT SPONSORSI.IIP; AND
OPERATING AGENCY
This Memorandnm of Undcrstanding (MOU) is entered into between the City of Miarni
Beach, Flodda (Beach), City of Miami, Florida (City), Mianri-Dade County, Florida
(County), and the Florida Department of Transportation District 6 (FDOT), collectively
knorvn as lhe "Parties."
The Parties wish to continue the efforts already nnclerrvay to improve regional rnobility
whiclr has involved local, regional and state stakeholder collaboration and coordination,
including the Parties' ongoing efforts to identify optimum multimodal altematives for a
balanced regional transportation system and to define regional and local projects that
sr.lpport corttinued econonric transit oriented development through effective transportation
and land use planning and subsequent decisions.
The developtnetrt of a multirnodal transportation systeur rvithin the southeast Florida
regiou involves nulnelous transportation agencies and stakeholders and is a cornplex
tundertaking. Each of the Parties lms unique skills and abilities which are necessary for
successful impletuetttation of the Beach Cotridor Direct Connection Project (fonnerly
known as Baylink), a frxed guideway corridor project between dorvntorvn Miarni near
the Governtnent Center to the Miarni Beach Conventiorr Center via the MacAfihtrr
Causeway, hereinaftel referred to as the "Project."
The Parties acknowledge the potential trznspofiation, econornic, social, and
envirorunental benefits of the introduction of passenger rail seryice linking downtown
Mianti rvith the Convcntion Center in Mianri Beach. The projecl is identified in the
Miami-Dade 2040 Long Range Transportation Plan (LRTP) as a Priority III partially
fttnded projcct for Prelirninary Engineering and Riglrt-of-Way phases. In addition,
portioru of the Project are included in the Beach, City and County lranspoltation plans
and progratns. It will improvc cast-west mobility, promote redevelopnrent and
levitalization, enhance and integrate existing Miarni-Dade Transit service, and improve
citculation in the two dorvntown al'eas. Introducing passenger servicc in the Project
corddor will provide an efficient option to driving on congested streets and highrvays and
a much-needed integrated transportation Iink.
19
The purpose of this MOU is to develop a multi-agency partnership for undertaking the
Project, especially as to the National Environmcntal Policy Act (NEPA) process artd
Project l)eveloprnent activities. This includes, but is not limited to:
o Clarifying the roles and responsibilities of the Parties relative to the Project;
c Clarifying the involvement of the Palties relative to the Project;
o Identifying Project funding;
o Improving the efficiency by rvhich Project activities are conducted;
e Establishing a Project Advisory Committee ("PAC") with specific responsibilities
and regulally scheduled rneetings;
r Scheduling regular Project updates to the involved Boards and agencies as
cleemed llecessar')/ by the Pr\C ;o Prescnting and advancing the Project with a unified voice;
o Coordirrating technical studies and evaluations;
o Coordinating outrcach to the public, rrrunicipalities, and other involved
stakeholders;
o Collaborating on imovative approaches to a funding fiamervork fol the Project,
r Maxinrizing the Region's competitiveness in secnring potential federal ftrnding
for the Project;
o Managing the ftrnding and adrninistration relating to the Project; and
r I)etermining the Project Delivery rnethod and the responsible parties.
The Parties hereby mutr.rally agree and express tlreir urrderstanding of the follorving
colnponeltts:
l. Project Roles. The role of the
follorvs:
a. The Parties agree to pursue
FDOT management.
Parties in conducting the Project shall be as
the Project turder one NEPA document, uttder
b. The Palties shall ensure that the Project is coordinated and consistent rvith
all local, regional, and sfate transporlation plans.
c. All Parties shall seek to reach consensus orr key project issnes and rvork
coopemtively torvards resolving any conflicts that may arise.
d. All Parties shall ensure that the overall Project Development tnilestone
schedule (two year required timeline by Federal Transit Administration
"FTA") is maintained throughout the Project, for the entite Project. A
schedule with kcy milestones (FTA docnmentation, public nreetings, etc.)
rvill be cleveloped by FDO f and revieu,ed by the PAC.
e. Upon prioritization of this project as a MPO Priolity I funded project for
Planning and Prelirninary Iirrgirreering phascs in the MPO 2040 Long
Range Transporlation Plan, FDOT shall coordinate with lhe Beach, the
City and the County on operations, planning and engineering to support
the advancement of the Project, llarlicularly as it affects the Beach, the
City and the Courty transportation network and local infiastructurc,
f. FDOT, with support lrom the Beach, the City and the County, u,ill present
regular Project updates quarterly to the MPO, and the Parties' boards.
g. FDOT shall serve as the contract manager for the Project and shall
administer Project funds, and ensure that the Project's procurcment
20
process is consistent rvith Federal, state ancl local regulation and that
apllropriate billing procedures are irnplemented.
h. FDOT shall have the primary responsibility for completing all activities
associated rvith the Project Developmerrt Phase and the NEPA plocess.
FDOT rvill coordinate this effort directly rvith the Parties, including
teclurical support and all presentations, workshops, and hearings.
Follorving approval of a Locally Preferred Alternative by the Miami-Dade
MPO, FDOT shall submit final NEPA documentation to FTA. Upon
apllraval of the NEPA document, FDOT on behalf of the Parties, shall
submit a request to FTA to enter the Engineering Phase.i. FDOT rvill coordinate u,ith the PAC regarding coordirration rvith local
goverilnents addressing station localions, land use, future trarrsit oriented
developnrent opportunitics, arrd related rnatters.
2. Initial Project Funding. The Parties agree to ftind the NEPA and Projcct
Developrnent activities up to the total amount of $10,000,000. Upon approval and
execution olthis MOU by all Par"ties, the Bcach, the City and the County shall each enter
into Locally F-unded Agreernent ("LFA") for purposes of contributing its portion of
Project funding, as ftirther indicated belou,:
a. FDOT shall contributc $5,000,000, or 50% of the initial Project funding.b. Beach shall contribute $417,000, or 4J7% of the initial Project funding.
c. City shall contribute $41 7,000, or 4. I 7Yo of tbe initial Project funding.
d. County shall contribute $417,A00, or 4.l7Yo of the initial Ploject ftrndirrg.
e. The Parties shall further pursue the ftlnding commitrnent of the Citizens
Independent Translnrtation Tnrst (CITT), in tlre amount of $3,750,000, or
37.5o/o of the initial Project funding.f. In the evettt that the entire amount is not expended, the funcls rvill be
rcturned to the respective party based on tlrc above percentages.g. In the cvcnt that the enlire amount is not enough to cover the initial Project
activities cost, FDOT shall provide detailed information as to the need for
additional ftinding, and will request funding fi'om the Parties according to
the above percentages.
3. Party Involvement in the Project. Each stage of the Project shall be conducted
lvith the involvement ancl cooperation of each party. During Project Developrrrent, and
subsequetrt phases, input and approval must be obtained from each parly to define the
appropriatc project milestones.
4. Project Atlvisory Conrrnittce (PAC): The Parties shall establish a Project
Advisory Cottttnittee lo provide guidance for the Project and to serve as a liaison to their
respective ageucies. The Beach, the City and the County shall each select two
representatives to serve on lhe PAC and FDOT shall select one representative to serve as
an ex-officio urember. All Parties shall provide staff and teclrnical support to the PAC.
The PAC may appoint advisory subcommittees as deemed necessary.
5. Projcct tr'inancc Plan. FDOT shall have the prtrnary responsibility to develop a
general funding framenork rvhich will include anticipated federal, state, and local shares.
The Parties shall have lhe primary responsibility for project financing, as herein staled,
21
and shall lirrther be responsible for the development of a conceptual project finance plan
that addresscs capital costs, operations/maintenance costs, and local contributions. These
efforts will occur simultaneously throughout the course of the Projcct. l'he Project
Fitrance Plan rvill be coordinated rvith and integrated into ongoing MPO finance plaruring
and be presented to thc MPO for approval. Approval will be sought by the PAC and all
affected fi.rnding parties at the federal, state, county, and rnruricipal levels, as rvell as other
sources that rnay be identified, and ultimately brought to the MPO for inclusion in their
Cost Feasible Plans atrd Transportation Irn;rrovement Plans (TIPs), per federal larv.
6. Future Project Funding. Funding for the NEPA and Project Development
Pltase of the Project rvill be included in the FDOT five-year wolk prograrn. The PAC
shall pursue all sources of capital money to fund the remaining phases of Engineerirrg and
Construction. Operations ancl mainlenance costs shall be a local and regional
responsibility. FDOT shall have no obligations lo fi.rnd operations and maintenance costs
fbr the Project. It is the intent of all Parties that the Operating Agency of the Projectrail
passenger service n ill be the Beach, the City, the Cor.rnty, or their agents, and that the
selectecl entity shall have the primary responsibility for thc service. Under no
circttnrslances lvill FDOT become the Operating Agency, or ftlnd future operations.
7, Deterrnining thc Projcct Delivery Method and the Responsible Partics. Up to
atrd trear the cotnpletion of the NEPA and Project Development u,ork, the Parties will
detennine collectively how to proceed into the next phases of tlre capital program
developtnent ptocess, and nray reconsider the Project process as well as Project roles at
that tirne. Thc Parties will collaborate on a schedule for proceeding, as well as agree on a
funding plan for the next stage of the capital program development process, engineering
arrd design. At that tirne, the Parties u,ill explore and agree upon the prefemed Project
Delivery Method, and the associated roles and responsibilities.
8. Basis anel Forrnclation for the Project. It is the intent of the Parties that the
previotts u,ork completed for the Project, most notably the Beuch Coriclor Transit
Corutecliort Stucly Report (June 2015) and the Phase 2 i,Iianfi-1,ficurti Beach
Transportation Corridor (BaylinftS StuclS, (April 2004), shall serve as the basis for the
Project, and the analysis and technical rvork that u,ent irrto cleveloping the Direct Corurect
alternative shall be used as the foundation for the NEPA and Project Development work.
9. Obligations. Through this MOU, the Parties express their mutual intent to move
in a diligertt ancl thorough nlanner to develop the Project duing the NEPA and Project
Developntent phase, but understands this MOU is by its nature a prelirninary agreement
outlining comntitments to be made in this process, and irnposes no legally enforceable
colttractual obligations on arly party, other thau the obligations sct forth in Paragraph 2
herein.
10. Effective Date. 'Ihis MOU shall take effect rvhen executed by all Parties, on the
last date shorvn below, and shall expire upon Project completion, unless extended in
rvriting by the Parties.
11. Counterparts. This MOU rnay be executed in counterparts, and lvhen taken
together, the same slrall constitute a binding agreement on all Parties.
22
12, Right to Termitrate, The Parties agree that if the Nerv Start Praject Development
Application is not submitted to the Federal Transit Adrninislration by August 15,2016,
atry party may choose to terminate this MOU and proceed independently. If thc New
Slart Project Development Application is subnritted by August 15, 2016, then any party
may terminate this MOU no sooner than forty five (45) days and no later than ninety (90)
fi'om the datc of the subrnittal of the Nerv Start Project Developnrent Application. It.!s
e€edh€*i
Corrider D:reet eenneetien Prqieet s+ arry pertien tlrereefi
WHEREFORE, the Parties have each executecl this MOU on the dates below rvritten.
F loricla l)epartment of Transportation Miami-Dade County
By:By:
Namc:
Tirle:
Name;
Date:
Title:
Date:
Legal revierv:LegalRevierv:
City of Miami City of Miami Beach
By:By:
By:By:
Name:
Title:
Nartre;
Title:
Date:Date:
Legal revierv:Legal Revierv:
By:By:
23
RIC'K SCOTT
GOvERNOIT
}entenninl ' ..,\
l,',1, i,i, i,'1,')\i; l: rli': J: l' \.\
J
. .:. ) ,'..:,.::.:,,.'''
. :,,:,,,: ::::.:,:),,. lglS * 20/,5
Flori cltt Depurtn, ent oJ' Tru nsportation
1000 N\\, I I t'h r\r,enue
Ir{ianri, Florida 3 i I 22-.5900
JIIII BOXOLD
SECRDTARY
December 16,201S
The Honorable Carlos A. Gimenez, Mayor, Miami-Dade CountyThe Honorablo philip L6vine, Mayor, City of Miaml Beach
The Honorable Tornas p. Regalado, tvtayor, City of MiamiThe Honorable Bruno A. Barreiro, Miami,Dade bounty commissioner, District 5The Honorable Xavier L. suarez, Miarni-Dade county co;;irrion"r,'oirrri"r z
Dear Policy Executive Committee (pEC) Members:
The Dopartment has revielve<i the modificalions proposed by lhe pEC (last sentence paragraph 12 of lheatlached MoU) and we have detormined lhat proJecieligibilii ror tneliaerat Transit iominis'trauon (FIA) Newslarts program will be ieopardizedif any parlies dovertiie anflor p;;ru any portion of the Beach co'idorDirect Connection Proiect.prior t.9 the completion of the federal
",iriionrnenral
process. The Departrnent,sBusiness Plan, as presenled at the last PEC meeling, ls uaieo on ir'u rrn ruoi+, siirrip;;;;.
As parl of the Business Plan, lhe Departmenl accepls the August 15, 2016 New start project DevelopmentApplicalion deadline. subiect to.all pirties compteting th" usiigild i.Jrs
"greea
upon al the pEC meeting.Each city has been provide!^with a scope of servioe=to aovanie puuric tnv6tvemenr; rr,liinier,rnce and storageFacllily Analysis; and Visual/Aesthelics bondilion Analysis. uramioaol Transit is alio coordinating to llnalizelhe Transit service Plan and ridership forecastlng. n aloition,irr" o"prrrr"nl is advanclng mullipleenvironmental and prellminary engineering taskifor a successfui"ppi.ution to FTA, as well as to acceleratelhe overall schedute. lt is impirative that alt parties
"onipruiu
,riigiJoia"rs by Juty'1, 2016.-'
To.summarize nex!step:: lhe request for entry to FTA New slarts Project Development rvill be transmitted onor before August 15, 2016.,Upon FTA accepl;ncs, the Departmentn iti-initirt" ir,Jec r*r,iil pioj""t schedute.and upon successfttlcompletion, requesl entry to ine rre'gnginuurirg pr,ase. irre e^Jr""ri"J phase rviltrequire addilional documentation and negotiatjon with rre mictiieve"a Full Funding G"r.n119i"ement.
The Department undorslands thal !lt9t9-T"y be other comments or concerns lhat your agency may have lhatmay need to be addressed before this MOU can be finalized. we reluest that you proi iuyiurcomments atthe earliost possible date so lhat we can remain on schedule for an executed Mou within the noxt lhreemonlhs from the dale of this. lltteJ. s. lr9uld -vou have any quastions, or require additional informalion, please donot hesitate to contacr me at (30s) 4to-s1d7 or emait oi,s.oeoordobi.siati.tt.us
M
District Secretary
Enclosure
c: Jimmy L. Moralos, Clty Manager, City of Mlami Beach
Daniet J. Alfonso, Clty Manager, Cityof Miami
Jesus Guerra, lnterim MpO Executive Director
Harold Desdunes, p.E., District Direcror of rransportation Deveroprnent
Singerely,
24
MBMORANDUM OII UNDERSTANDING
Betryeen
CITY OF MIAMI BEACH, FLORIDA,
CITY OT MIAMI, FLORIDA,
MIAMI.DADE COUNTY, FLOIUDA
Antl
trLORIDA DEPARTMENT OIi TRANSI'OIITATION, DISTRICT #6
For
BEACH CORRIDOR DIRI,CT CONNECTION PROJECT
NEPA ENV I RONMENTA L STUDIES, PROJEC'T DEVEI,OPMENT, ENGIN EEI{ING
AND CONSTI{UCTION PHASES; FUNDTNG; PROJECT SPONSORSI-IIP; AND
OPEI{ATTNG AGENCY
This Memorandurn of Understanding (MOU) is entered into between thc City of Miami
Beach, Florida (Beach), City of Miami, Florida (City), Mianri-Dade County, Florida
(County), and the Florida Department of Transportation District 6 (FDOT), collectively
knorvn as the "Palties."
The Parties wish to continue the efforts already nnclerrvay to irnprove regional rnobility
which has involved local, regional and state stakeholder collaboration and coorclination,
including the Parties' ongoing efforts to identify optimurrr multimodal alternatives for a
balanced regional transportation systenr and to define regional and local projects that
support continned economic transit oriented development through effective transportation
and larrd use planning and subseqlrcnt decisions.
The development of a multimodal transpofiation system rvithin the southeast Florida
region involves numelous transportation agencies and stakeholders and is a complex
undertaking. Each of the Parties has unique skills and abilities which arc necessary for
successful implementation of the Beach Conidor Direct Connection Project (fonrrerly
known as Baylink), a fixed guideway corridor project between dorvntorvn Miarni near
the Governrnent Center to the Miami Beach Convention Center via the MacArlhur
Causervay, hereinaflet referred to as the "Project."
The Parties acknowledge the potential transportation, ecorrornic, social, and
environmental benefits of the introduction of passenger rail sen ice linking downtorvn
Miami rvith the Convcntion Center in Mianti Beach. The project is identified in the
Mianri-Dade 204A Long Range Tmnsportation Plan (LRTP) as a Priority III partially
fturded projcct for Preliminary Engineering and Right-of-Way phases. In addition,
portioru of the Project are included in the Beach, City and County lransllofiation plans
and programs. It will improvc east-rvest rnobility, promote redevelopnrent and
revitalization, enhance and integrate existing Miarni-Dade Transit sen ice, and improve
circulation in the trvo dorvntown areas. Introducing passenger servicc in the Project
corddor will provide an efficient option to driving on congested streets and highrvays and
a mnch-needed integrated tmnsportation link,
25
The purpose of this MOU is to develop a multi-agency partnership for undertaking the
Project, especially as to the National Envirorunental Policy Act (NEPA) process artd
Project l)evelopment activities. This includes, but is not liuited to:. Clarifying the roles and responsibilities of the Parties relative to the Project;. Clarifying the involvement of the Parties relative to the Project;
o Iderrtifying Project funding;o Impraving the efficiency by rvhich Project activities are conducted;o Establishing a Project Advisory Committee (^PAC') with specific responsibilities
and regularly scheduled rneetings;r Scheduling regular Project updates to the involved Boards and agencies as
cleemed lrecessary by the PAC ;o Prescnting and advatrcing the Project with a unified voice;. Coordinating technical studies and evaluations;o Coordinating outreach to the public, mruricipalities, and other involved
stakeholders;
r Collaborating on irurovative apploaches to a ftinding fiamervork fol the Project,
r Maxintizing the Region's cornpetitiveness in securing potential federal ftlndirrg
for the Project;
o Managing the ftrnding and adrninistration relating to the Project; andr l)etennining the Project Delivery method and the lesponsible parties.
The Parties hercby rnutr.rally agree and express their understanding of the follolving
colrlponents:
l. Project Roles. The role of the Parties in conducting the Project shall be as
follorvs:
a. The Parties agree to pursue the Project under one NEPA document, under
FDOT management.
b. The Parties shall ersure that the Project is coordinated and consistent rvith
all local, rcgional, and state transpofiation plans.
c. All Parties shall seek to reach consensus orr key project issnes and rvork
coopemtively torvards resolving any conflicts that may arise.
d. All Parties shall ensnre that the overall Prcject Development rnilestone
schedule (two year required timelinc by Federal Transit Administration
"FTA") is maintained throughout the Project, for the entire Project. A
schednle with key nrilestones (FTA documentation, public meetings, etc.)
rvill be cleveloped by FDO I- and reviewed by the PAC.
e. Upon prioritization of this project as a MPO Priority I funded project for
Planning and Preliminary Engineering phases in the MPO 2040 Long
Range Transpofiation Plan, FDOT shall coordinats rvith the Beach, the
City and the County on operalions, planning and engineering to support
the advancement of the Project, particularly as it affects the Beach, the
City and the Coiurty transportation network and local infiastnrcture.
f. FDOT, with support from the Beach, the City and the County, u,illpresent
regular Project updates quarterly to the MPO, and the Parties' boards.g. FDOT shall serve as the contract rnanager for the Project and shall
administer Project funds, and enstrre that the Project's procrnement
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process is consistent with Federal, state ancl local regtrlation and that
appropriate billing procednres are irnplemented.
h. FDOT shall have the prirnary responsibility for completing all activities
associated rvith the Project Development Phase and the NEPA process.
FDOT rvill coordinate this effort directly rvith the Parties, including
teclnical support and all presentations, wor*shops, and hearings.
Follorving approval of a Locally Preferred Alternative by the Miami-Dade
MPO, FDOT shall submit final NEPA documentation to FTA. Upott
allproval of the NEPA docurnent, FDOT on behalf of the Parties, shall
subrnit a request to FTA to enter the Engineering Phase.
i. FDOI' rvill coordinate rvith lhe PAC regarding coordination rvith local
govemrnents addressing station locations, land use, ftiture transit oriented
derrelopnteut opporttrnities, and related tnatters.
2. Initial Project Funding. The Parties agree to ftind the NEPA and Project
Development activities up to the total amount of $10,000,000. Upon approval and
execulion olthis MOU by all Pafiies, the Beach, the City and the County shall each enter
into Locally F-unded Agreemenl ("LFA") lor purposes of contributing its portion of
Project funding, as ftirther indicated belorv:
a. FDOT shall contributc $5,000,000, or 50% of the initialProject funding.
b. Beach shall contribute $417,000, or 4.17% of the initial Project funcling.
c. City shallcontribute $417,000, or 4,l7Yo of the initial Project funding.
d. County shall contribute $417,000, or 4.17% of the initial Prnject fundirrg.
e. The Parties shall further pursue the fllnding cornmitrnent of the Citizens
Independent Trans;lortation Trust (CITT), in the amount of $3,750,000, or
37.5o/o of the initial Project funding.
f. In the event that the entirc amount is not expended, the funds rvill be
returned to the respective party based orr the above percentages.
g. In the event that the enlire amount is not enough to cover the initial Project
activities cost, FDOT shall provide detailed informatiott as to the need for
additional ftlnding, and will request funding from the Parties according to
the above percentages.
3. Parfy Involvement in the Project. Each stage of the Prnject shall be conducted
with the involvenrent ancl cooperation of each party. During Project Development, and
subsequent phases, input ancl approval must be obtained lrom each pafty to define the
appropriatc project mi lestones.
4. Project Atlvisory Committce (PAC): The Parties shall establish a Project
Advisory Conrrnittee lo provide guidance for the Ploject and to serve as a liaison to their
respective agencies. The Beach, the City and the County slull each select two
representatives to serve on lhe PAC and FDOT shall select one representative to serve as
an ex-officio rnember. All Parties shall provide staff aud teclrnical support to the PAC.
The PAC may appoint advisory subcomnrittees as deemed necessary.
5. Projcct financc PIan. FDOT shall have the prirnary responsibility to develop a
general funding framervork rvhich will include anticipatecl federal, state, and local shares.
The Palties shall have the pilrnary responsibility for project financing, as hcrein stated,
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and shall lirrther be responsible for the development of a conceptual project finance plan
that addresses capital costs, operations/maintenance costs, and local corttributions. These
efforts will occut simultaneously tlrroughout the course of the Project. I'he Project
Finance Plan rvill be coordinated rvith and integrated into ongoing MPO finance plaruring
and be presented to thc MPO for approval. Apploval will be sought by the PAC and all
aflected funding parties at the federal, state, counfy, and municipal levels, as rvell as other
sources that may lre identified, and ultimately brought to the MPO for inclusion in their
Cost Feasible Plans and Trausportation Improvement Plans (TIPs), per federal law,
6. Future Project Funcling. Funding for the NEPA and Project Developtnent
Phase of the Project will be included in the FDOT five-year wolk prograrn. The PAC
shall pursue all sources of capital money to flurd the remairring phases of Engineering and
Constnrction. Operations and mainlenance costs shall be a local and regional
responsibility. FDOT shall have no obligations to fund operations and maintcnance costs
fbr the Project. [t is the intent of all Parties that the Operating Agency of the Project rail
passenger seruice s,ill be the Beach, the City, the County, or their agents, and that the
sclectecl entity shall have the primary responsibility for thc service. Urtder no
circunrslances rvill FDOT become the Opelating Agency, or fund future operations,
7, Determining the Project Delivcry Methorl and the Responsible Partics. Up to
and near the completion of the NEPA and Project Development u,ork, the Parties will
detemrine collectively how to proceed into the next phases of the capital program
development process, and nray recormider the Project process as well as Project roles at
that tirne. Thc Parties will collaborate on a schedule for proceeding, as well as agrce on a
funding plan for the next stage of the capital program development process, engineering
arrd design. At that time, the Parties rvill explore and agree ttpon the preferted Project
Delivery Method, and the associated roles and responsibilities.
8. Basis and Foundation for the Project. It is the intent of the Parties that the
previons nork completed for the Project, most notably the Beach Coticlor Transit
Corurcction Stucll, ReJtort (June 2015) and the Phase 2 Afiatni-ltfiaui Beqch
Trcmsportation Corridor (Bayt inlg) Stucly (April 2004), shall serve as thc basis for the
Project, and the analysis and technical rvork that u,ent into cleveloping the Direct Comect
altemative shall be used as the foundation for the NEPA and Project Developrnent work.
9. Obligations. Through this MOU, the Parties expless their rnutual intent to move
iu a diligent and thorough nlanner to develop the Project dtrring the NEPA arrd Project
Developnrent phase, but understands this MOU is by its nature a preliminary agreement
outlining commitments to be made in this process, and irnposes no legally enforceable
contractual obligations on any party, other tlran the obligations set forth irr Paragraph 2
Irerein,
10. Effcctivc Date. 'Ihis MOU shall take effect rvhen executed by all Pafiies, on the
last date shorvn below, and shall expire upon Project courpletion, unless extended in
rvriting by the Parlies.
11. Counterparts. This MOU rnay be executed in counterparts, and when taken
together, the same shall constitute a binding agreement on all Parlies.
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12. Right to Tennirrate. The Parties agree that if the Nerv Start Project Development
Application is not subnritted to the Federal Transit Adrninistralion by August 15,2016,
any party may choose to ternrinate this MOU and proceed independently. If thc New
Start Project Development Application is subrnitted by August 15, 2016, then any party
may termitrate this MOU no sooner than forty five (45) days and no later than ninety (90)
fi'om the date of the submittal of the Nerv Start Project Developnrent Application. I!.|g
eeedhg
with the prceurenrent-ef-the des:gn; eqtrst+trqtieni Eleratien; er nraintenaneesFthe Beaeh
WHEREFORE, the Parties havs each executecl this MOU on the dates below written.
Floricla l)epartment of Transpofiation Miami-Dade County
By:By:
By:By:
Namc:
Title:
Narne;
Date:
Title:
Date:
Legal rcvierv:LegalRevierv:
City of Miami City of Miarni Beach
By:
Name:
By:
Nanre:
Title:
Date:
Tirle:
Date:
Legal review:LegalRevierv:
By:By:
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