Loading...
161-1998 LTC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us L.T.C. No. l6l-l998 LETTER TO COMMISSION November 24, 1998 TO: Mayor Neisen o. Kasdin and Members of the City Co mission FROM: Sergio Rodriguez City Manager SUBJECT: PERMIT AND ENFORCEMENT PROCESS FOR PROVISIONAL, TEMPORARY, AND PERMANENT PARKING LOTS Attached for your information is a memorandum from Assistant City Manager Mayra Diaz Buttacavoli, regarding the permit and enforcement process for provisional, temporary, and permanent parking lots for the City. If you require further information, please do not hesitate to either contact me or Mayra Diaz Buttacavoli. SR:MDB:lcd Attachment c: Christina M. Cuervo Janet Gavarrete Richard Bender Ronnie Singer F:\CMGR\$ALL\L TC.98\PERMIT.PRO CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER Interoffice Memorandum m To: Sergio Rodriguez City Manager Date: October 7, 1998 From: Mayra Diaz Buttacavoli~1LfJ. ~. __"'A_.J~. Assistant City Manager ,,-- () ~ Subject: (REVISED) PERMIT AND ENFORCEMENT PROCESS This memorandum reflects the revised Permit and Enforcement Process (originally submitted on April 14, 1998) in accordance with the outcome from a meeting held on June 8, 1998 with, Dean Grandin, AI Childress, Phil Azan, Leo Francis from Julio Grave de Peralta's office, James Scarberry, Patricia Walker, Jackie Gonzalez, and myself. Please refer to attachments sent out with the first memorandum. The revisions to this memo aret~~Qp~~. The following summarizes the process and recommendations discussed at the aforementionedHmeeting and revisions thereafter: A. Permit Process: The City issues a building permit for the construction of: . Provisional parking lot. . Temporary parking lot. . Permanent parking lot. The applicant submits the design to the Planning Department for design review and zoning approval. Once obtained, the applicant applies to the Building Department for a building permit. The plans are reviewed and signed-off by the following, if applicable: . Building Department-electrical and plumbing inspectors. . ~gpl,qMl9t~~ . Florida Department of Transportation-if it affects a State road. . Miami-Dade County-if it affects a County road. 1. Asphalt Paving - Building Permit Fee is $40.00 for the first 1,000 square feet and each additional 1,000 square feet is $19.50. 2, Concrete Slab - $65.00 for the first 1,000 square feet and each additional 1,000 square feet is $13.00. All surrounding neighbors within 375 ft. of property will be notified by mail. Commercial lots which are adjacent to a residential use or property and operate past midnight will require a public hearing before the Planning Board for Conditional Use approval. This recommendation is being considered by the Planning Board on April 24, 1998. The 1 requirements and time period for each of the above type lots is reflected in the Zoning Code, Section 7. (See Attachment 1). FLOW CHART ON PERMITTING PROCESS I. Application for Building Permit Building Planning Building . . Application process begins Applicant is notified to pay outstanding debts with the City at time of Building Permit application . . Approval of design If necessary, Planning Board, Design Review, and Board of Adjustment reviews design . . . Reviews internally together with Fire Dept./Fire Analyst Issues permit Certificate of Completion is issued II. New Construction, Use or Certificate of Use (CU) Finance Parking, Code, Police, Building (if necessary) for review simultaneously Finance CU and Occupational License Collect past due amounts. III. Existing construction, New Certificate of Use Finance Planning Conditional Use (Planning Board) Zoning Approval (will do inspection) Parking, Code, Police, Fire, Public Works Finance CU and Occupational License Collect past due amounts. 2 IV. Existing construction and Certificate of Use, Renewal of Occupational License Finance Parking, Police, Code - review for previous violation and complaints. Finance Occupational License Collect past due amounts. Planning Board approval is required if the new Certificate of Use represents a change in the nature of the parking lot, e.g. converting valet to self-park, accessory to commercial, or vice versa. However, Conditional Use approval by Planning Board may not be required for a change of operator, which is left to the discretion of the Planning and Zoning Director. The Director is to base his/her decision on the operational record of the previous lot operator, per Commission adoption of the Ordinance amendment on first reading in May 1998. B. The City issues a Certificate of Use (CU). The CU is issued one time per applicant. Change of applicant or use triggers a CU to be applied for again. The applicant submits an application to the Licensing Division of the Finance Department on the first floor. (See Attachment 2). The application currently is submitted to the Planning Department for its review and a determination that the proposed use is a permitted use within the zoning. Upon their approval and recommendation, the Licensing Division issues the CU to the applicant. The CU is not transferable and it is considered the first step in the process of obtaining an Occupational License. The cost of the CU is $52.50 and currently takes three to ten working days from the time the applicant submits the application to the time the Licensing Division issues the CD. 1. The following recommendations should be mandatory for all parking lots: a. CU review be expanded to other departments who may have input as to whether the use should be permitted or not. The departments recommended to be included in this review are: Building, Fire, Parking and Code Compliance. b. Hours of operations for business should be stated in the CD. This will allow for the departments to determine if the hours of operation are going to be in conflict with adjacent property owners and use. (Finance) Include a specific type of business, i.e., valet, self, or mix. c. It is recommended that commercial lots which are adjacent to a residential use or property and operate past midnight will require a public hearing before the Planning Board for Conditional Use approval. d. Code and Police will inspect on a regular basis and if violations occur, the occupational license can be suspended. Assistance from off-duty. e. Compliance with valet code of conduct. 3 2. The following recommendations should be considered for all parking lots at time of review, but may not be mandatory in all cases: a. Commercial lots adjacent to a residential use or property should not be allowed to enter or exit the commercial property through the alley. b. Commercial lots adjacent to a residential use or property should be paved to minimize the noise and dust to the neighboring residents. c. Operators of commercial lots adjacent to a residential use or property operating after past midnight should hire off-duty police officers from 11 :00 p.m. to 5:30 a.m., to assure compliance with applicable laws and code of conduct for valets. 3. The Zoning Code allows for a lot to operate as a temporary lot for three (3) years with a two (2) year extension. The attached City map and schedule reflects the provisional and temporary lots in the South Beach area and the expiration period. (See Attachment 3). It is my recommendation that you consider proposing an amendment to Section 7 of the Zoning Code, further extending the life of a temporary lot to five (5) years with one (1) year extensions for up to ten (10) years. C. Occupational License: Upon approval of the CU, the applicant submits an application for a Occupational License at the Licensing Division of the Finance Department. (See Attachment 4). The Licensing Division will issue the Occupational License and will ensure that any amounts due to the City by the applicant are paid prior to issuance of the license. A fee for Occupational License per year from 10/1 /19XX - 9/3 0/19XX of: $190.00 for mixed use parking lot Occupation Code 95014507; or, $190.00 for provisional parking lot Occupation Code 95014502; and/or, $190.00 for self-parking lot Occupational Code 95014506; and/or, $190.00 for valet only Occupational Code 95014505. D. Enforcement Process: If a noise complaint is received on the property that is operating as a commercial use adjacent to a residential use or property, the recommended process for addressing the complaint is as follows: 1. A complaint is registered by the complainant with Police dispatch. A Code Compliance officer is dispatched and if a violation exists a notice of violation will be issued noting a compliance period. Upon receipt of the complaint, and an issuance of the third notice of violation within a given year, the Code Compliance Director will determine if the seriousness of the violation constitutes a basis for suspension of the Occupational License and CD by the City Manager. 4 2. Code Compliance will forward the case to the City Manager for his consideration. If the City Manager approves the suspension, a notice of suspension of the CD and Occupational License to the violator will be issued. 3. The violator can request an appeal hearing before the Special Master. The Special Master will determine if the suspension of the license and CD is warranted. 4. When a CD is suspended or revoked for a specific property that specific use will no longer be permitted on that property, even if application is made by a different operator. I hope that this clarifies the process that is currently followed and request that you consider the recommended changes. MDBlcd Attachment Janet Gavarette Harry Mavrogenes Ronnie Singer Dean Grandin Julio Grave de Peralta A! Childress Phil Azan Patricia Walker Jackie Gonzalez Richard Barreto James Scarbeny Luis Garcia F:ICMGRILCDlIMDBlMEMOSIPKGLOTI,PER 5