2009-27266 ResoRESOLUTION NO. 2009-27266
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 130
OF THE CITY CODE, "OFF-STREET PARKING," ARTICLE V, "PARKING
IMPACT FEE PROGRAM," BY EXPANDING THE SCOPE OF PROJECTS
ABLE TO BE FUNDED BY THE PROGRAM TO INCLUDE TRANSPORTATION
AND MOBILITY RELATED IMPROVEMENTS AND PROGRAMS, BY MAKING
MINOR CHANGES IN LANGUAGE TO REFLECT THAT THE PROGRAM IS A
FEE-IN-LIEU OF PROVIDING PARKING, AND PROVIDING FOR REPEALER,
NONSEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, an amendment to the Land Development Regulations which would permit
more flexibility in the use of fees collected by the City as part of the Parking Impact Fee program
was referred to the Land Use and Development Committee by the City Commission on January
28, 2009; and
WHEREAS, the Land Use and Development Committee discussed the matter on April 6,
2009 and July 27, 2009, and referred the proposed ordinance to the Planning Board; and
WHEREAS, the Planning Board reviewed the matter at its October 27, 2009 meeting,
and made a recommendation to the City Commission to adopt the ordinance with certain
proposed amendments; and
WHEREAS, the matter is scheduled to be reviewed by the Transportation and Parking
Committee at their next meeting;
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading public hearing
shall be held on January 13, 2010 to consider the proposed amendment to the Land
Development Regulations of the City Code.
PASSED AND ADOPTED this 9th day of December , 2009.
ATT ST: MA OR
C~` Matti Herrera Bower
CITY CL RK ~/1~~~/1..~~~~//// APPROVED AS
Robert Parcher TO F~M & LANGUAGE
~~ /&,FOR EXECUTION
T:WGENDA\2009\December 9\Consent\Reso setting public hearing -Mobility fee.docx
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Setting A Public Hearing To Consider A Proposed Ordinance Amendment Expanding the
~ Scope Of Projects Able To Be Funded By The Parking Impact Fee Program. j
Ke Intended Outcome Supported:
Increasing parking availability across the City.
Supporting Data (Surveys, Environmental Scan, etc
Three-quarters of all residential respondents, 77.2%, reported "too little" parking is currently available
throughout the City. An increased percentage of respondents indicated "they (customers and/or
employees) are almost never able to find a (parking) place nearby" (moving to 52.6% in 2009 from
40.0% in 2007 .
Issue•
Should the City Commission set the first reading public hearing to consider expanding the scope of
projects able to be funded by the Parking Impact Fee program.
Item Summary/Recommendation:
SETTING OF THE PUBLIC HEARING
The subject resolution would set the first reading
January 13, 2010 meeting.
public hearing for the proposed ordinance for the
The proposed ordinance would add transportation and mobility projects to the allowable uses of the
fees collected by the fee-in-lieu of parking program. The City's planning efforts have been focused on
trying to shift a portion of the transportation people use within Miami Beach from automobiles to
alternative modes such as public transit, pedestrian and bicycles. Since the restriction on the use of
the parking fees limits the expenditure of these funds to parking garages, worthy transportation
projects focusing on transit and alternative modes cannot be funded with this money. The proposal to
modify the LDR's to permit these fees to be used for these types of projects would serve to provide
flexibility to the City in planning future transportation improvements.
The Administration recommends that the City Commission set the first reading public hearing for the
January 13, 2010 meeting.
Advisory Board Recommendation:
At the October 27, 2009 meeting the Planning Board recommended that the City Commission adopt
the proposed ordinance, with some amendments, by a vote of 6-0.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Not A licable
Ci Clerk's Office Le islative Trackin
Richard Lorber
Si n-Offs:
Department Director Assistant Ci Manager City Manager
T:~AGEN DA\2009\Decem ber
setting public h~ariryJ sum.docx
~ ,MIAMIBEACH AGENDA ITEM C?-"
~' DATE I2`~1'O
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DarE: December 9, 2009
SUa1ECT: SETTING OF THE PUBLIC HEARING
Expanding the use of Parking Impact Fees (Fee In-Lieu Of Providing
Parking) Monies To Have More Flexibility
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER A PROPOSED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
AMENDING CHAPTER 130 OF THE CITY CODE, "OFF-STREET PARKING,"
ARTICLE V, "PARKING IMPACT FEE PROGRAM," BY EXPANDING THE
SCOPE OF PROJECTS ABLE TO BE FUNDED BY THE PROGRAM TO
INCLUDE TRANSPORTATION AND MOBILITY RELATED IMPROVEMENTS
AND PROGRAMS, BY MAKING MINOR CHANGES IN LANGUAGE TO
REFLECT THAT THE PROGRAM IS A FEE-IN-LIEU OF PROVIDING
PARKING, AND PROVIDING FOR REPEALER, NONSEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public
hearing for the January 13, 2010 meeting.
BACKGROUND
An amendment to the Land Development Regulations which would permit more flexibility
in the use of fees collected by the City as part of the Parking Impact Fee program was
referred to the Land Use and Development Committee by the City Commission on
January 28, 2009. The Land Use and Development Committee discussed the matter on
April 6, 2009 and July 27, 2009, and referred the proposed ordinance to the Planning
Board.
ANALYSIS
The parking impact fee is a fee which in certain specific cases may be paid to the city in
lieu of providing required parking on-site. Rather than a traditional "impact fee", it is
really a "fee-in-lieu", which means that one has the option to either provide the required
parking, or, pay a fee in lieu of providing that parking.
Section 130-134 of the City Code specifies that funds generated by the program shall be
deposited in a city account specifically established to provide parking and related
improvements in the vicinity of the subject property. The program has been
City Commission Memorandum
Setting Public Hearing -Mobility Fee
December 9, 2009 Page 2
administered by the City since its inception in 1989, and the funds generated have been
used to help fund the construction of parking garages.
The City's planning efforts have been focused on trying to shift a portion of the
transportation people use within Miami Beach from automobiles to alternative modes
such as public transit, pedestrian and bicycles. Since the restriction on the use of the
parking fees limits the expenditure of these funds to parking garages, worthy
transportation projects focusing on transit and alternative modes cannot be funded with
this money. The proposal to modify the LDR's to permit these fees to be used for these
types of projects would serve to provide flexibility to the City in planning future
transportation improvements.
The proposed ordinance would add transportation and mobility projects to the allowable
uses of the fees collected by the fee-in-lieu of parking program. This would apply to the
fees collected after the effective date of the ordinance; fees collected prior to this date
would remain limited to being used only for parking facilities. This follows current legal
practice with respect to municipal fee collection and capital improvement expenditures.
LAND USE AND DEVELOPMENT COMMITTEE
The Land Use and Development Committee reviewed the proposed ordinance at its April
6, 2009 and July 27, 2009 meetings, and referred the proposed ordinance to the
Planning Board.
PLANNING BOARD ACTION
At the October 27, 2009 meeting the Planning Board recommended that the City
Commission adopt the proposed ordinance, with some amendments, by a vote of 6-0
(one member absent).
TRANSPORTATION AND PARKING COMMITTEE
The Transportation and Parking Committee is scheduled to review the proposal at its
December 7, 2009 meeting.
CONCLUSION
The Administration recommends that the City Commission set a first reading public
hearing for the January 13, 2010 meeting.
~-- L
JMG/J~/RGL
T:\AGENDA\20091December 9\ConsentWlobility fee Reso setting public hearing MEMO.docx