Loading...
2010-3676 OrdinanceORDINANCE NO. 2010-3676 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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, the Land Development Regulations ("LDRs") contain provisions for the ability of fee to be paid in-lieu of providing required off-street parking; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, modifying the LDR's to permit these fees to be used for a broader classification of transportation and mobility related improvement projects would serve to provide flexibility to the City in planning future transportation improvements; and WHEREAS, there is a rational nexus between the requirement that new developments provide off-site parking or pay afee-in-lieu of doing so, and the ability for those fees to be used for a wider variety of transportation and mobility projects in addition to parking garages; and WHEREAS, broadening the in-lieu parking program to permit funding of transportation improvements, such as building bus shelters, purchasing buses, installing traffic signals, building bike paths, and encouraging related activities that result in capacity expansion and mobility enhancement was also a key recommendation of the City's Growth Management report from July 2008; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That City Code Chapter 130, "OFF-STREET PARKING," Article V, "PARKING IMPACT FEE PROGRAM," is hereby amended as follows: ARTICLE V. FEE-IN LIEU OF PARKING''"ADAr.n-.-~ T~ PROGRAM Sec. 130-131. Generally. A fee in-lieu of providing parking ~e may be paid to the city in lieu of providing required parking on-site, or within 1,200 feet of the site in the architectural district or otherwise within 500 feet of the site, only in the following instances, except that parking requirements for accessory commercial uses in newly constructed buildings within the Collins Waterfront Historic District in an area in the RM-2 zoning district that is bounded by 41st Street on the south and 44th Street on the north shall be satisfied by providing the required parking spaces, and may not be satisfied by paying a fee in lieu of providing parking: (1) New construction of commercial or residential development and commercial or residential additions to existing buildings whether attached or detached from the main structure within the architectural district or a local historic district. (2) When an alteration or rehabilitation within an existing structure results in an increased parking requirement pursuant to subsection 130- 132(b). (3) New construction of 1,000 square feet or less, or additions of 1,000 square feet or less to existing buildings whether attached or detached from the main structure may fully satisfy the parking requirement by participation in the fee in-lieu of providing parking imn program pursuant to subsection 130-132(a). (4) The creation or expansion of an outdoor cafe (except for those which are an accessory use to buildings described in subsection 130-31(b)). Sec. 130-132. Fee calculation. (a) New construction. The +r~pas~fee in-lieu of providing parking for new construction shall be satisfied by a one-time payment at the time of issuance of a building permit pf $35,000.00 per parking space. The amount of such fee may be changed in accordance with subsection (d) of this section. (b) Existing structures and outdoor cafes. When alteration or rehabilitation of a structure results in an increased parking requirement, or an outdoor cafe is created or expanded, the +r~ast fee in-lieu of providing parking shall be satisfied by one of the following: (1) A one time payment as set forth in subsection (a) of this section (2) A yearly payment in the amount of three percent of the payment required by subsection (a) of this section which shall continue as long as the use exists. (The amount of such payment may vary from year to year in accordance with the determination set forth in subsection (d) of this section. However, in lieu of continued yearly payments, aone-time redemption payment may be made at any time of the full amount due pursuant to subsection (a) of this section; such amount shall be based 2 upon the latest determination made pursuant to subsection (d) of this section as of the time of the redemption payment rather than upon the amount which would have been due if the fee had been paid at the time the work was done, regardless of the number of yearly payments made previously. However, when new floor area is added to the existing building, the impact fee shall be as set forth in subsection (a) of this section. (c) Removal of existing parking spaces in a historic district. Whenever an existing required parking space is removed or eliminated for any building that existed prior to October 1, 1993, which are located within the architectural district, a contributing building within a local historic district, or any individually designated historic building, a fee in-lieu of providing parking +r~ast~ee shall be required if a replacement parking space is not provided on-site or within 500 feet of the site or within 1,200 feet of the site if in the architectural district. Such fee shall be satisfied as set forth in subsection (b), above. In no case shall the removal of parking spaces result in less than one parking space per residential unit or 50 percent of the required parking for commercial uses. This subsection shall not prohibit the removal of grade level parking spaces located within the front, side street or interior side yards of a lot which has a designated contributing building within a designated historic district, should those parking spaces be nonconforming. This subsection shall not prohibit the removal of grade level parking spaces located within the front yard or side yard facing a street of a lot which has a noncontributing building within a designated historic district, should those parking spaces be nonconforming. Any request for the removal of parking spaces under this subsection shall only be approved with the applicant's consent. The parking department shall advise the planning department and the joint design review/historic preservation board of the impact of the removal of any parking spaces. (d) Annual evaluation. The amount determined to be the city's total average cost for land acquisition and construction of one parking space shall be evaluated yearly by the planning and zoning director based upon the Consumer Price Index (CPI). If determined necessary, the fee structure shall be amended in accordance with chapter 118, article III, changes and amendments of these land development regulations. Sec. 130-133. Fee collection. (a) New construction; one time payment. For new construction the +~ast fee in- lieu of providing parking shall be paid in full at the time of application for the building permit. Such fee shall be refunded if construction does not commence prior to expiration of the building permit. (b) Existing structures and those which elect yearly payment plan. For existing structures and those which elect a yearly payment plan, the first +r~ast fee in-lieu payment shall be paid prior to the issuance of a building permit and shall be applied at the time the certificate of use is issued. If no building permit is needed, the first payment shall be due at the time the occupational license or certificate of use, whichever is earlier, is issued. The second 3 payment shall be due June 1 following the issuance of the occupational license or certificate of use, whichever is earlier, and the amount due shall be prorated. Subsequent annual payments shall be paid in full by June 1 as long as the use exists, the amount of the payment is set forth in subsection 130- 132(b)(2). (c) Existing structures; one time redemption payment. For existing structures a one time redemption payment may be made at any time and shall be in the amount determined by application of the formula for one time payment as set forth in subsection 130-132(b)(2). (d) Late payments. For late payments monthly interest shall accrue on unpaid funds due to the city under the +~ast fee in-lieu program at the maximum rate permitted by law. Additionally, a fee in the amount of two percent of the total due shall be imposed monthly to cover the city's costs in administering collection procedures. (e) Failure to pay. Any participant in the ~ fee in-lieu program who has failed to pay the required fee within three months of the date on which it is due shall be regarded as having withdrawn from the program and shall be required to provide all parking spaces required by these land development regulations or cease the use for which such spaces were required. Failure to comply shall subject such participant to enforcement procedures by the city and may result in fines of up to $250.00 per day and liens as provided by law. Sec. 130-134. Deposit of funds; account. (a) Funds generated by the i+~ast fee in-lieu program pursuant to Section 130- 132(a) and (b) above, collected prior to ithe effective date of this ordinancel shall be deposited in a city account (divided into three districts, for North, Middle and South) specifically established to provide parking and related improvements in the vicinity within the North, Middle or South district, as applicable) of the subject property. Expenditures from these funds shall reauire Citv Commission approval. (b) Funds generated by the fee in-lieu program pursuant to Section 130-132(a) and (b) above, collected after fthe effective date of this ordinancel, shall be deposited in a city account (divided into three districts, for North, Middle and South) specifically established to provide parking, transportation and mobility related improvements and programs in the vicinity (within the North, Middle or South district, as applicable) of the subiect property. Expenditures from these funds shall reauire Citv Commission approval. (c) Such parking, transportation and mobility related improvements and programs may include: (1) Parkino garages and related facilities (2) Transit capital fundina a. Purchase of buses for circulator routes b. Bus shelters c. Transit Infrastructure 4 (3) Traffic Improvements a. Traffic sianals b. Signal timing operations c. Lane modifications (4) Bicvcle Facilities a. Bicvcle lanes and paths b. Bicvcle racks and storage (5) Intelli gent Transportation Systems a. Electronic message boards (6) Pedestrian Improvements a. Crosswalks b. Traffic sianals (7) Pedestrian Facilities a. Beachwalk b. Bavwalk ($) (9) (The planning department shall maintain a map which includes a listing of the North, Middle and South districts and accounts. Sec. 130-135. Joint venture agreements. The required number of parking spaces may be provided in a facility developed through a joint venture agreement with the city or by a private entity in which the required number of parking spaces in a parking facility is specifically reserved for use by the applicant. Agreements regulating privately owned parking facilities shall be approved by the city attorney; those relating to city owned property shall be approved by the city commission. All agreements pursuant to this section shall be recorded in the public records of the county. Sec. 130-136. Variances. No variances shall be granted from the requirements of this article. Section 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. Section 3. Codification. It is the intention of the City Commission, 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, as amended; that the sections of this Ordinance may be re- 5 numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. If any section, subsection, clause or provision of this 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. PASSED and ADOPTED this day of GrC ~ 2010. ATTEST: ~~~~ ~ ~. CITY CLERK First Reading: January 13, Second Reading: Verifiec~,,P~: i AI n pP,RROVED AS TO FORM D LANGUAGE, AND FOR EXEC~N /~; City ~ ri= Date denotes deleted language Underscore denotes new language Double Underscore denotes language added after first reading F:\PL,AN\$PLB\draft ordinances\1945 -Mobility Fee\Mobility Fee ordinance 2nd Reading.docx F:\atto\HELG\Ordinances\Mobility fee\Mobility Fee ordinance 2nd Reading rev.doc 6 Condensed Title: COMMISSION ITEM SUMMARY A Proposed Ordinance Amendment Expanding the Scope Of Projects Able To Be Funded By The Parking Impact Fee Program. r~ey mtenaea outcome supportea: 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. 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 adopt the proposed ordinance amendment expanding the scope of projects able to be funded by the Parking Impact Fee program. item summaryfrcecommenaation: SECOND READING PUBLIC HEARING 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 adopt the ordinance upon second reading public hearing. aavisory tsoara rcecommenaanon: The Land Use and Development Committee reviewed the proposed ordinance at its July 27, 2009 meetings, and voted to recommend that transit operations be removed from the list of eligible expenditures. At the October 27, 2009 meeting the Planning Board recommended that the City Commission adopt the proposed ordinance, with a proposal that 25% of the funds should be spent citywide. The Transportation and Parking Committee reviewed the proposal at its December 7, 2009 meeting, and recommended that transit operations be removed from the list of eligible expenditures. Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Not Applicable City Clerk's Office Legislative Tracking: Richard Lorber Sign-Offs: epart t Director A sistant City Hager Cit Manager T:WGENDA\2010\March 10\Regular\Mobilityfe UNirfibcx/ / I iC AGENDA ITEM. Rs~ DATE 3 /O` (C~ 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 _ _ _. _ .._....... DATE: March 10, 2010 ' ) SECOND READING ~~ PIIRI If: HFARINt; SUBJECT: Ordinance Amendment - Expanding the use of Parking Impact Fees (Fee In-Lieu Of Providing Parking) Monies To Have More Flexibility AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 adopt the ordinance. UPDATE The proposed ordinance was approved by the City Commission on January 13, 2010, and referred back to the Land Use and Development Committee for further refinement prior to second reading. That meeting occurred on February 25, 2010 (prior to this writing), and staff will report verbally on the outcome of that meeting. The Commission requested that the ordinance be modified to require City Commission approval of expenditures from the subject funds, and asked for the list of eligible capital projects and potential operational expenditures be further elaborated upon within the ordinance. The attached ordinance contains the requested changes, shown in double underline. The ordinance would require City Commission approval for expenditures from these funds. The list of eligible parking, transportation and mobility related projects is specified, and includes: ^ Parking garages and related facilities ^ Transit capital funding o Purchase of buses for circulator routes o Bus shelters o Transit Infrastructure ^ Traffic Improvements City Commission Memorandum Ordinance Amendment -Mobility Fee March 10, 2010 2 o Traffic signals o Signal timing operations o Lane modifications Bicycle Facilities o Bicycle lanes and paths o Bicycle racks and storage ^ Intelligent Transportation Systems o Electronic message boards C Pedestrian Improvements o Crosswalks o Traffic signals ~ Pedestrian Facilities o Beachwalk o Baywalk i i Other parking, transportation and mobility related capital projects as may be specifically approved by the City Commission. Finally, with regards to potential expenditures on transit operational funding, the ordinance has been revised to include the following language: In addition, Transit operational funding for newly introduced transportation enhancements and program expansions (limited to operational, non- administrative costs only, i.e. drivers, fuel, maintenance and insurance) may be included if expressly approved by the City Commission. 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. The referral by the Commission in January was part of the discussion which ultimately rejected a proposal to reduce parking impact fees for Convention Hotels. At that time, the Commission referred two ordinances, one to look at reducing the parking requirements for convention hotels, and this proposal, to address the use of Parking Impact Fee collections, with the aim of allowing these funds to be used for alternative transportation and mobility projects besides simply construction of parking garages. Additionally, the same proposal was a recommendation of the Growth Management study presented to the City Commission last July. 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. City Commission Memorandum Ordinance Amendment -Mobility Fee March 10, 2010 Page 3 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 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. There is a rational nexus between the requirement that new developments provide off- site parking or pay afee-in-lieu of doing so, and the ability for those fees to be used for a wider variety of transportation and mobility projects in addition to parking garages. If transit and alternative modes of transportation are improved and widely provided, the theory is that automobile usage may lessen, and fewer overall parking spaces would be needed. A key recommendation of the City's Growth Management report from July 2008 was to broaden the scope of the in-lieu parking program. It was suggested to modify the program to also permit such funds to be used to implement transportation improvements, such as building bus shelters, purchasing buses, installing traffic signals, building bike paths, and encouraging related activities that result in capacity expansion and mobility enhancement 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. The proposed ordinance lists the types of transportation and mobility related improvement projects envisaged to be included, which include the following: • Parking garages and related facilities • Transit capital funding -purchase of buses for circulator routes, bus shelters • Traffic Improvements -traffic signals, signal timing operations, lane modifications • Bicycle Facilities -bicycle lanes, paths, bicycle racks and storage • Intelligent Transportation Systems -electronic message boards • Pedestrian Improvements -crosswalks, traffic signals • Pedestrian Facilities - Beachwalk, Baywalk • Other parking, transportation and mobility related capital projects as may be specifically approved by the City Commission. In addition, Transit operational funding for newly introduced transportation enhancements and program expansions (limited to operational, non-administrative costs City Commission Memorandum Ordinance Amendment -Mobility Fee March 1 Q 2010 Page 4 only, i.e. drivers, fuel, maintenance and insurance) may be included if expressly approved by the City Commission. The ordinance as drafted by the Planning Department also cleans up outmoded language that refers to the program as an impact fee, which it is not. This is recommended for clarity, and any future legal or legislative challenge to the City's ability to charge such fees. It is not a mandatory impact fee, but an optional fee-in-lieu for developers who do not wish to provide parking on-site. 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. At the July 27~h meeting, the Committee discussed the matter of capital and operational funding, and whether these funds should be eligible to be used for operational funding of transit operations in additional to capital expenditures. The Committee voted to recommend that transit operations be removed from the list of eligible expenditures. PLANNING BOARD ACTION At the October 27, 2009 meeting the Planning Board recommended that the City Commission adopt the proposed ordinance, by a vote of 6-0 (one member absent), with a proposed amendment that 25% of the funds collected should be available for transportation and mobility related improvement projects citywide, rather than limited to being spent within the portion of the City the funds were collected in (This was not supported by the City Commission at first reading and has been removed from the ordinance). TRANSPORTATION AND PARKING COMMITTEE The Transportation and Parking Committee reviewed the proposal at its December 7, 2009 meeting. The Committee generally supported the idea to add flexibility and focus resources on alternative modes of transportation, and expressed concern that the funds collected prior to the date of the ordinance would need to remain restricted only to parking garage construction. They asked that the City Attorney's Office be requested to re-examine that issue. The TPC was also concerned about the funds being used for operational funding. Their feeling was that funds collected through the program and earmarked for operations could be used to replace current operational funding, and therefore not really be considered as new transportation enhancements. The Committee voted to recommend that transit operations be removed from the list of eligible expenditures. CAPITAL VS. OPERATIONAL FUNDING Traditional impact fees are limited by legal requirements to be used for capital expenditures only, and not operational expenditures. This limitation was mentioned as a reason to limit the eligible expenditures to capital projects only. However, the subject fee is a fee-in-lieu of providing parking, rather than a mandatory impact fee that all development must pay. Since this is not an impact fee per se, the City Attorney's Office has opined that these funds could be used for operational funding of transit activities as well. The Administration believes that the use of these fees for funding potential City Commission Memorandum Ordinance Amendment -Mobility Fee March 10, 2010 Page 5 improvements in transit services, including for operational expenditures such as drivers, staff, fuel and insurance costs, may be among the most viable options for this program. However, the Administration is cognizant of the concerns raised by the Land Use and Development Committee and the Transportation and Parking Committee relative to this issue. Therefore, the subject ordinance has been amended to specify that operational funding may only be used for operational, non-administrative costs only, i.e. drivers, fuel, maintenance and insurance, for newly introduced transportation enhancements and program expansions, and only with the express approval of the City Commission. The Administration believes that this language balances the desire for budgetary flexibility and the original goal of the program to provide long-term transportation enhancements. CONCLUSION The Administration believes that the proposed ordinance will provide additional flexibility to the City in planning future transportation improvements and warrants approval. The Administration recommends that the City Commission adopt the ordinance upon second reading public hearing. JMG/JGG/RGL~ T:WGENDA\2010\March 10\Regular\Mobilityfee MEMO.docx m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM (SUPPLEMENTAL) TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~„~~ DATE: March 10, 2010 SUBJECT: Ordinance Amendment - Expanding the use of Parking Impact Fees (Fee In-Lieu Of Providing Parking) Monies To Have More Flexibility AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed ordinance, if enacted, would not be expected to have any. direct fiscal impact to the City, as it would simply provide additional flexibility in the allocation of expenditures of these funds. T:WGENDA\2010\March 10\Regular\MObility Fee MEMO Supplemental.doc THURSDAY, FEBRUARY 25, 2010 I 25NE __ _ .. _ _. T CiTlf OF MiAMi BEACi~ NQTiCE Q~ PElBLiC i`iEAIRINGS NQTICE 1$ HEREBY giver, that second readings and public hearings will be held by the Mayor and City Commission ~f the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami .Beach, Florida, on Wednesday, March 10, 2010, to consider the following: 10:20a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV, "Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over Public Property,"Section 82-414 "Permitted Signs, Shelters And Advertising In Public Rights-Of-Way", To Permit Advertising On Rental Bicycles As Part Of A City Bike Sharing Program - Inquiries may be directed to the Parking Department at (305) 673-7275. 10:30 a.m. Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment 9f Annual And Sick Leave' For The Government Supervisors Association Of Florida/ Opeiu, Local 100. .Inquiries may be directed to the Human Resources Department at (305) 673-7520. 10:40 a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off-Street Parking," Article V, "Parking Impact Fee Program," Clarifyirig That This Is A Fee In-Lieu Of Providing Parking, And Permitting More Flexibility In The Use Of Fees Collected By The City As Part Of This Program By Allowing Funds Collected By This Program To Be Used For Alternative Transportation And Mobility Projects In Addition To Construction Of Parking Garages Inquiries may be directed to the Planning Department (305) 673-7550. 11:00 a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118,_ "Administratiori And Review Procedures," Article i, "In General," By Enacting A New Section 118-6, Entitled "Use Of, And Cost Recovery For, Consultants For Applications For Development Approval," Requiring Applicants Required To Submit Traffic And Other Technical Reports As Part Of Their Applications To Fund Report Preparation By Consultants Selected From ACity- Approved List, In Addition To Any Consultant Reports The Applicant Desires To Submit, And To Require Cost Recovery For City's Use Of Consultants Needed To Review Reports Submitted With Such Applications Inquiries may be directed to the Planning Department (305) 673-7550. 11:15 a.m. Ordinance Amending Chapter 18 Of The Miami Beach City Code Entitled "Businesses," By Amending Article Xv, Entitled "Street Performers And Art Vendors" By Amending Section 18-901, Entitled "Definitions," By Expanding Geographical Definitions And Areas Relating To Street Performers And Artist Vendors; By Amending Section 18-903, Entitled "Artist Vendor Certificate Required," By Amending The Provisions Regarding Fees, Certificate Requirements, Administrative Rules, And The Procedures For The Processing Of Applications; By Amending Section 18-905, Entitled "Permit Application," By Amending The Provisions Regarding Fees . Inquiries may be directed to the Code Compliance Department (305) 673-7555. 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, 1st 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, 1700 Convention Genter Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139 or via the City's web site at www.miamibeachfF.gov. This meeting may be contint]ed and under such circumstances additional ) legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286:0105, Fla. 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 of 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 by 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) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #598 `