2014-3870 Ordinance I
I
Single Family Parking Space Removal
ORDINANCE NO. 2014-3870
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 106, "TRAFFIC AND VEHICLES," ARTICLE II,
"METERED PARKING," DIVISION 1, "GENERALLY," SECTION 106-
55, "PARKING RATES, FEES AND PENALTIES," TO MODIFY ON-
STREET PARKING SPACE REMOVAL REQUIREMENTS FOR SINGLE
FAMILY USES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for the removal of on-street
parking spaces; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to the fees paid by single family uses for the removal of existing on-street
parking spaces; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 106, entitled "Traffic and Vehicles," Article II entitled
"Metered Parking," Division 1 entitled "Generally", of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
Sec. 106-55. Parking rates, fees, and penalties.
(h) Parking space removal.
(1) Temporary parking meter removal: The city may provide for the temporary removal
of parking meters to accommodate construction and other limited needs. The fee for the
removal of any post shall be $50.00 per space. The cost for reinstallation of the post
shall be $50.00 per space. Space removal and replacement shall be paid to the parking
department in advance at a rate of $100.00 per space. Additionally, the applicable
bagged space rental rate shall be assessed on a per space, per day basis, payable in
advance, until such time as the parking post is reinstalled.
(2) Private requests for permanent parking space or loading zone removal prohibited:
Private requests for permanent parking space or loading zone removal shall only be
allowed for the purpose of creating access to an off-street parking facility or other
vehicular access to the property. Private requests for the permanent removal of a
parking space or loading zone for any other reason shall be prohibited. When permitted,
the fee for the private permanent removal of a parking space or loading zone shall be
the same rate as the fee in lieu of required parking, or $35,000.00 per space, whichever
is greater, except that single family uses seeking to provide access to off-street parking
shall be exempt from paying this fee for the removal of one space.
1
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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.
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 2014.
�1 E;�� MAYOR
ATTEST:
INCORPI�ORATFD
CITY CLERK �
'; '� f APPROVED AS TO FORM
�f 26 AND LANGUAGE
A D FOR EXECUTION
City Attorney Date
First Reading: April 23, 2014
Second Reading: May 21, 2 14
Verified By:
Thomas R. Moon , AICP_
Planning Director
Underline = new language
StFikethFeugh = deleted language
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2
COMMISSION ITEM SUMMARY
Condensed Title: ti
Second Reading to consider an Ordinance Amendment for the removal of the required fee when
removing an on-street parking space for a single family use.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance would eliminate the $35,000 fee required for the removal of a parking space,
in order to accommodate driveway and parking access for single family uses.
On April 23, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for May 21, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
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, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
De a ment Director ssistant City Manager City Manager
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AGENDA ITEM RSO
' DATE
iD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members otfe City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014 EC ' D READING PUBLIC HEARING
SUBJECT: Single Family Parking Fee Remov,
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, "PARKING RATES, FEES AND
PENALTIES," TO MODIFY ON-STREET PARKING SPACE REMOVAL
REQUIREMENTS FOR SINGLE FAMILY USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On March 5, 2014, at the request of Commissioner Micky Steinberg, the City
Commission referred a potential change to Section 106-55 (h) of the City Code to the
Land Use and Development Committee. Specifically, the Commission is seeking input
from the Committee on whether single family uses should be exempt from the fee
required to remove existing, on-street parking spaces, in order to provide parking on the
property.
ANALYSIS
Pursuant to Section 106-55(h)(2) of the City Code, requests by property owners to
remove an adjacent, on-street parking space are permitted, provided such request is for
the purpose of creating access to an off-street parking space on the property.
Additionally a fee of$35,000 per removed on-street space is set forth in this subsection.
Recently, the owner of a single family home within the Espanola Way Local Historic
District was seeking approval to have an existing, on-street space removed, in order to
access an original drive-way on the property. However, because the code, as currently
written, does not provide any exemptions for single family home owners, the Parking
Department had no legal avenue to waive the required $35,000 fee.
The subject fee, while typically not problematic for commercial and multi-family
development projects, does present a hardship for single family property owners,
particularly those home owners restoring smaller homes, on smaller lots. The
Administration believes that creating an exemption to the current fee for single family
uses would make sense, as there would be no net decrease in the number of available
Commission Memorandum
Single Family Parking Fee Removal
May 21, 2014 Page 2 of 2
parking spaces for the larger area. Additionally, it would eliminate an excessive and
onerous cost for providing 1 or more dedicated parking spaces on an existing single
family property.
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 is
not expected to have any tangible fiscal impact.
SUMMARY
On April 9, 2014, the Land Use Committee endorsed the proposed Ordinance and
referred it to the City Commission. On April 23, 2014 the subject Ordinance was
approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JL iJ RM
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MIAMI HERALD I MiamiHeraldxom NE THURSDAY,MAY 8,2014 1 ?INE
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be hell by the Mayor and City Commission of the City of Miami Beach,Florida,In the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,
on Wednesday,May 21,2014,to consider the following:
10:45 a.m.
Ordnance Amending Chapter 2 Of The Miami Beach City Code Entitled"Administration,'By Amending Article IV Entitled"Officers And Employees,"By Amending Section 2-191 Entitled"Enumeration Of Organizational Units;By Creating The Office
Of Housing And Community Services And Transportation Department Inquiries may be directed to the Human Resources Department 305.673-7524.
10:50 a.m.
Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In Group 1,Represented By The American Federation 01 State,County And
Municipal Employees(AFSCME)Local 1554,in Accordance With The Negotiated 2013-2016 Collective Bargaining Agreement;Effective Upon Ratification Of The Collective Bargaining Agreement,The 2009 Condrey Ctassification And Compensation
Study,Inclusive Of Subsequent Amendments,Will Be Implemented,Establishing The Minimum Salary For All Bargaining Unit Classifications In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All Bargaining Unit
Classifications in Accordance With"Scale B"Of The Study;Effective April 1,2014,There Shall Be An Across The Board Cost-Of-Living Adjustment(COLA)Of Two Percent(2/,),And The Minimum And Maximum Of Each Pay Range,Including The
Pay Ranges In The 2009 Condrey Classifications And Compensation Study,As Amended;Will Also Be Increase By Two Percent(2%);Further,Err active April 1,2015,There Shall Be An Across The Board Cost-01-living Adjustment(COLA)01 One
Percent(1%),For Employees Whose Base Salary Does Not Exceed The Maximum Of Their Pay Ranges As Recommended By The 2009 Condrey Classification And Compensation Study"Pay Scale B,"Inclusive 01 Subsequent Amendments,And The
Minimum And Maximum Of Each Pay Range,Including The Pay Ranges In The 2009 Condrey Classification And Compensation Study.As Amended,Will Also Be Increased By One Percent(1%);Repealing All Ordinances in Conflict.inquiries may be
directed to the Human Resources Department 305-673-7524.
10:55 a.m.
Others Salary Ordinance
An Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In Group VI,Not Represented By A Collective Bargaining Unit And Commonly
Referred To As"Others";Effective April 23,2014,Adopting The 2009 Condrey Classification And Compensation Study,Amended By Seven Percent(7%)In August 2013,By The Consultant,Establishing The Minimum Salary ForAll"Others"Salary
Group Classifications In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All"Others"Salary Group Classifications In Accordance With"Scale B"Of The Study;Adopting The Classification Titles As Recommended
Therein,Amending The Minimum And Maximum Of Each Range By Two Percent(2%)Effective April 23,2014 And One Percent(1%)Effective April 1,2015;Changing The Tille Of The Human Resources Technicians 1,11 And III To Human Resources
Technician;Deleting The Following Obsolete Classifications:Administrative Aide II/Risk And Employee Benefits Specialist;And Establishing The Newly Created Classification Of Case Worker Assistant And Recreation Attendant;Repealing All
Ordinances In Conflict.Inquiries may be directed to the Human Resources Department 305-673-7524.
11:00 a.m.
Unclassified Salary Ordinance
An Ordinance Of The Mayor And City Commission OfThe City Of Miami Beach,Florida,Amending Ordinance No.1605,The Unclassified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In
Group VII,Comprised Of At-Will Employees Commonly Referred To As"Unclassified Employees",Effective April 23,2014;Adopting The 2009 Condrey Classification And Compensation Study,Amended By Seven Percent(7%)In August 2013,By The
Consultant;Establishing The Minimum Salary For All Unclassified Salary Group Classifications,In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All Unclassified Salary Group Classifications,In Accordance With
"Scale B"Of The Study,Amending The Minimum And Maximum Of Each Range By Two Percent(2%),Effective April 23,2014,And One Percent(1%),Effective Apnt t,2015;Adopting The Fallowing Classification Titles:From Chief Structural Plans
Examiner To Chief Structural Engineer;From Expenditure/Treasury Manager To Treasury Manager;From Executive Assistant To The City Manager To Assistant To The City Manager,From Utility Superintendent To Water And Sewer Superintendent;
From Property Management Contracts Coordinator To Maintenance Management Coordinator,From Tourism And Convention Director To Marketing And Tourism Manager.;From Labor Relations Division Director To Labor Relations Manager;From
Chief Engineering Inspector To Governmental Compliance Coordinator.From Feld Supervisor To Feld Inspections Supervisor-CIP/Planning And Zoning Inspector,From Police Financial Assistant To Business Manager;From Community Development
Specialist To Housing And Community Development Specialist;From Feld Agent To Tax Auditor;From Consttuenl/Commission Aide To Commission Aide;From Call Cenler/Customer Service Manager To Community Outreach Manager;From Truancy
Prevention Program Coordinator To Truancy Coordinator,From Assistant Director Parks/Assistant Director Recreation To Assistant Director Parks And Recreation;From Departmental ADA Coordinator To ADA Coordinator,From Urban Forrester To
Parks Superintendent-Urban Forrester,Creating The Following New Classification Titles:Asset Specialist Assistant City Attorney k Educational Aide;Parks And Recreation Administrative Specialist;Planner 1 And Planner II;Development And MBTV
Director;Public Arts Coordinator;Program Coordinator(Youth Empowerment Network);Project Manager;Senior Legal Secretary;Tutoring Supervisor;Incorporating The Following Additional Classification Changes:From Assistant Director-Code
Compliance To Code Compliance Assistant Director;From Housing And Community Development Division Director To Housing And Community Services Director,Deleting The Following Obsolete Classifications;Account Manager-Finance;Assistant
For Labor Relations;Office Of Child Development Director,Real Estate Housing And Community Development Director;Labor Relations Director,Housing,Community And Economic Development Division Director;Office Of Community Services
Division Director,Public Safety Special Projects Coordinator;Registrar-And Establishing The Following Newly Created Classifications Since The 2009 Condrey Study:Building Official;Recreation Supervisor II;Code Compliance Director;Senior Code
Compliance Administrator;Senior Media Specialist;Senior Business Manager,Capital Improvement Projects Division Director;Chief Learning And Development Officer;Emergency Management Specialist;Intern;Housing And Community Services
Department Director,Management And Budget Analyst 1;Mayor And Commission Branding Manager;MayorAnd Commission Office Manager;Planning Department Deputy Director,Public Safety Communications Unit Director,Secretary;Senior
Human Resources Specialist;Transportation Analyst;Transportation Operations Supervisor,Transportation Director,Permitting The Recognition Of Those Unclassifed Employees Over The Maximum Of Their Respective Salary Ranges,By Allowing
For A One-Time,Non-Recurring,Non-Pensionable Adjustment Of Up To Two Percent(201.)Of Their Salaries(Based On Whether They Met,Exceed Or Significantly Exceed Performance Expectations,As Reflected By The Ratings On Their Individual
Performance Evaluations);Repealing All Ordinances In Conflict Therewith;Providing For Severability,An Effective Date,And Codification.Inquiries may be directed to the Human Resources Department 305-673.7524.
11:15 am.
Religious Uses Ordinance-Religious Land Use And Institutionalized Persons Act(RLUIPA)
An Ordinance Amending The City Of Miami Beach Code,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,"District Regulations,"And Article N,"Supplementary District Regulations,"To Provide For The Equal Treatment
Of Religious Institutions In Multifamily,Commercial And industrial Districts,As Required By Federal Law,Allowing Religious Institutions As A Matter Of Right Up To 199 Occupancy,As Either Main Permitted Or Accessory Uses As Set Forth In The
Respective Zoning Districts,And Requiring Conditional Use Approval For Such Uses With Higher Occupancy.Inquiries may be directed to the Planning Department 305-673-7550.
X11:25 a.m.
Single Family Parking Space Removal
An Ordinance Amending The City Code,By Amending Chapter 106,'Traffic And Vehicles,"Article II,"Metered Parking,"Division 1,"Generally,"Section 106-55,"Parking Rates,Fees And Penalties,"To Modify On-Street Parking Space Removal
Requirements For Single Family Uses.Inquiries may be directed to the Planning Department 305-673-7550.
11:35 a.m.
Repeal Of An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Chapter 142,"Zoning Districts And Regulations,"Article 11,�Dislrict Regulations,"Division 5,CD-2"Commercial,Medium intensity District"By Removing
"Self-Storage Warehouses"As A Conditional Use In This Zoning District;Providing For Repealer,Severability,Codification And An Effective Date.
5:05 p.m.
Alton Road Historic District Buffer Overlay.An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,'Zoning Distdcls And Regulations,"Article III,"Overlay Districts,"Creating Division 9"Alton Road-
Historic District Buffer Overlay,"By Including Section 142-863"Location And Purpose,"And Section 142-864-Development Regulations,"including Among Other Provisions Regulations On Maximum Roor Area Ratio;Maximum Building Height;
Minimum Setbacks;Building Separation;Demolition Or Additions To Contributing Buildings In An Historic District And Land Use Regulations For Location Of Retail Uses,Restaurants,Bars,Entertainment Establishments,Alcoholic Beverage
Establishments And Similar Uses;Requiring Conditional Use Approval Of Such Uses In Excess Of 10.000 Sq.Ft.;And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance;
Providing For Codification;Repealer,Severability;And An Effective Date.inquiries may be direcled to the Planning Departmental 305-673-7550.
NOTE.,See also advertisement p 886,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnidc Citizen's Forum are 8:30 a.m.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,with individuals being
limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum.
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,11 Floor,City Hall,Miami Beach,
Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,1'Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item herein;may
be continued,and under such circumstances,additional legal notice need not be provided.
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 us
five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
884 Rafael E Granado,City Clerk
City of Miami Beach