2011-3721 Ordinance ORDINANCE NO. 2011 -3721
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND VEHICLES,"
ARTICLE II, "METERED PARKING," DIVISION 1, "GENERALLY" SECTION
106 -55 (h)(2), "PERMANENT PARKING SPACE REMOVAL" TO AMEND THE
CRITERIA AND PROCEDURE FOR PERMANENT PARKING SPACE OR
LOADING ZONE REMOVAL, PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on September 15, 2010, the Mayor and Commission referred the issue of permanent
parking space removals from City inventory to the Land Use and Development Committee (LUDC); and
WHEREAS, on September 27, 2010, the LUDC held a discussion regarding strengthening the
process by which permanent parking spaces may be removed from City inventory, for instance by limiting
the purpose and /or requiring Commission approval; and
WHEREAS, Section 106 -55 of the City Code regulates parking rates, fees, and penalties
generally, and Section 106 -55(h) specifically governs the removal of parking spaces, both temporarily and
permanently; and
WHEREAS, while it is the policy of the City that permanent parking space removals requests are
strongly discouraged, requests for permanent removal have become more numerous; and
WHEREAS, the LUDC directed the Administration to proceed with an amendment to the City
Code requiring the removal of a parking space or loading zone to be approved by the City Commission,
with the exception of those spaces removed specifically to create access to a parking facility; and
WHEREAS, on October 27, 2010, the full City Commission ratified this directive from the LUDC
through approval of the LUDC Committee report on the Consent Agenda; and
WHEREAS, at the January 19, 2011 Commission meeting, the City Commission further directed
the Administration to further modify the proposed ordinance to prohibit such private requests for the
removal of a parking space or loading zone with the exception of those spaces removed specifically to
create access to a parking facility.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," Division 1, "Generally,"
Section 106 -55, "Parking Rate Fees, and Penalties," Subsection (h)(2), "Permanent Parking Space
Removal" of the Code of the City of Miami Beach, Florida, is hereby amended, as follows:
Chapter 106. Traffic and Vehicles
* * *
Sec. 106 -55. Parking rates, fees, and penalties.
* * *
(h) Parking space removal.
(2) Private Requests for Permanent Parking Space or Loading Zone Removal Prohibited:
Private requests for Ppermanent parking space or loading zone removal requests shall only be
allowed for the purpose of creating access to an off - street parking facility or other vehicular
access to the property. are strongly discouraged. Private requests for the permanent removal of a
parking space or Ioadinq zone for any other reason shall be prohibited. When permitted, the fee
for the private permanent removal of a parking space or Ioadinq zone shall be the same rate as
the park fee in lieu of required parking, or $35,000.00 per space, whichever is greater.
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 relettered to accomplish
such intention, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision 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 (10) days following adoption.
PASSED AND ADOPTED this I +h day of Aril , 2011.
ATTEST:
MAY MATTI H RE "A BOWER
ROBERT PARCHER, CITY CLERK
VERIFIED:
„/ a ■ ►
JO r G. /OMEZ, A ST. CITY R
P''ROVED AS TO
• R & LANGUAGE
Of3 XECU/ ION
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tor -y WI_ Da e
Underscore denotes new language
Strike - through denotes deleted language
04/14/2011
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2
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending the criteria in the City Code for permanent parking space removals.
Key Intended Outcome Supported:
Maintain or Improve Traffic Flow.
Supporting Data (Surveys, Environmental Scan, etc.):
74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too
little. Availability of parking was one of the changes residents identified to Make Miami Beach better to live, work
or play.
Issue:
Should the City Commission approve an ordinance amending the criteria in the City Code for
permanent parking space removals?
Item Summary /Recommendation:
SECOND READING PUBLIC HEARING
On September 27, 2010, the LUDC discussed strengthening the process by which permanent parking
spaces may be removed from City inventory, for instance by limiting the purpose and /or requiring
Commission approval.
The Commission approved a proposal on First Reading on December 8, 2010.
At the January 19, 2011 Commission meeting, the City Commission further directed the Administration
to further modify the proposed ordinance to prohibit such private requests for the removal of a parking
space or loading zone with the exception of those spaces removed specifically to create access to a
parking facility. On March 9, 2011, the public hearing was again continued, to the April 13, 2011
meeting, in order to permit staff to finalize language regarding what constituted a public purpose. The
attached ordinance reflects that newly updated language.
Administration Recommendation: Approve the ordinance, as revised, on second and final
hearing.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: 1
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Saul Frances, ext. 6483
Sign -Offs:
Depr ment Director Assist - ► ity Manager C anager
SF JGG d 4 JMG
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AGENDA ITEM RS D
MIAMIBEACH
DATE 44-1'3-11
MIAMI BEACH
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 s mmission
FROM: City Manager Jorge M. Gonzalez ,
4IP
DATE: April 13, 2011 S OND - A DING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND
VEHICLES," ARTICLE II, "METERED PARKING," DIVISION 1,
"GENERALLY" SECTION 106 -55 (h)(2), "PARKING RATES, FEES, AND
PENALTIES," TO AMEND THE CRITERIA FOR PERMANENT PARKING
SPACE REMOVAL, PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commission approve the
amendment of the ordinance, as revised, on second and final public hearing.
FIRST READING ON DECEMBER 8, 2010
The Mayor and Commission approved the item on First Reading on December 8, 2010.
The City Commission further revised the proposed amendment to require a five - seventh
(5 /7 vote of the City Commission for the permanent removal of a parking space.
COMMISSION PUBLIC HEARING ON JANUARY 19, 2011 and MARCH 9, 2011
On January 19, 2011, the public hearing was opened and continued to March 9, 2011,
with the Mayor and Commission directing the Administration to further modify the
proposed ordinance to prohibit such private requests for the removal of a parking space
or loading zone with the exception of those spaces removed specifically to create access
to a parking facility. On March 9, 2011, the public hearing was again continued, to the
April 13, 2011 meeting, in order to permit staff to finalize language regarding what
constituted a public purpose. The attached ordinance reflects that newly updated
language.
ANALYSIS
On September 15, 2010, the Mayor and Commission referred the issue of permanent
parking space removals from City inventory to the Land Use and Development
Committee (LUDC). Subsequently, on September 27, 2010, the LUDC held a
discussion regarding strengthening the process by which permanent parking spaces
may be removed from City inventory, for instance by limiting the purpose and /or
requiring Commission approval.
April 13, 2011
City Commission Memorandum
Parking Space Permanent Removal Code Amendment
Second and Final Public Hearing
Page 2 of 2
Section 106 -55 of the City Code regulates parking rates, fees, and penalties generally,
and Section 106 -55(h) specifically governs the removal of parking spaces, both
temporarily and permanently. To accommodate construction and other limited needs, the
City may temporarily remove parking meters, at a cost of $100.00 per space ($50.00 for
removal and $50.00 for replacement) plus the applicable daily space rental fees.
It is the policy of the City that permanent parking space removals requests are strongly
discouraged. Section 106 -55(h) specifies that the fee for permanent removal of a
parking space is the same as the parking impact fee, or $35,000 per space. As these
requests have become more numerous, the City Commission has directed the
Administration to proceed with an amendment to the City Code prohibiting private
requests for the removal of a parking space or loading zone, with the exception of those
spaces removed specifically to create access to a parking facility.
Therefore, it is recommended that Section 106- 55(h)(2) be amended to reflect as
follows, including the language specifying the public purposes for which spaces may be
removed and leaving the language regarding the fee associated with the removal of
parking spaces as it exists in the Code:
Section 106- 55(h)(2) Permanent Parking Space or Loading Zone Removal:
Private requests for permanent parking space or loading zone removal requests shall
only be allowed for the purpose of creating access to an off - street parking facility aye
. Requests for the permanent removal of a parking space or
loading zone for any other reason shall be prohibited, except for the removal of
spaces as part of a neighborhood project that has an approved Basis of Design
Report, or for bus stops, taxi stands, City- sponsored transportation programs,
and similar public purposes. When permitted. the fee for the private permanent
removal of a parking space shall be the same rate as the parking impact fee, or
$35,000.00 per space.
Fiscal Impact:
The City Code requires a payment of $35,000 for the removal of a parking space, which
is equivalent to the parking impact fee cost per parking space. While the $35,000
payment recuperates the City's capital cost for replacement of said parking space, all
revenues generated by the parking space, in perpetuity, are foregone. The average
revenue per metered parking space is estimated at $2,000, annually. Therefore, the
fiscal impact for the removal of a parking space is estimated at $2,000, annually, in
perpetuity.
J MG /J GG /SF
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