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2004-25725 Reso RESOLUTION NO. 2004-25725 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, DENYING THE CREATION OF A RESTRICTED RESIDENTIAL PARKING PERMIT ZONE 13/LOWER WEST AVENUE, WITH BOUNDARIES AS FOLLOWS: ON THE SOUTH, THE CENTERLINE OF 5TH STREET; ON THE NORTH, THE CENTERLINE OF 13TH STREET; ON THE EAST, BY ALTON COURT; AND ON THE WEST, THE WESTERLY LINE OF WEST AVENUE; AND FURTHER RECOMMENDING THAT THE CITY ADMINISTRATION SHOULD REVISIT THIS ISSUE NEXT YEAR (OCTOBER 2005). WHEREAS, the City had received petitions from residents of lower West Avenue requesting the establishment of a restricted residential parking permit zone for the Lower West Avenue neighborhood with boundaries as follows: on the south, the centerline of 5th Street; on the north, the centerline of 13th Street; on the east, by Alton Court; and on the west, the westerly line of West Avenue; and, WHEREAS, a publicly noticed workshop was held on February 23, 2004, with residents of the affected areas and said notices were distributed to residents within 375 feet of the affected areas; and WHEREAS, participants had an opportunity to review, comment, and provide input toward the proposed residential parking permit zone for the area; and WHEREAS, a majority of the residents in attendance concurred with the recommendations and voted to proceed with the creation of the proposed residential parking permit zone; and WHEREAS, the Administration also sent courtesy notices to all residents within 375 feet of each of the affected areas advising that the City's Transportation and Parking Committee (TPC) would review this issue on April 12, 2004; and WHEREAS, on April 12, 2004, the TPC reviewed the Administration's recommendations regarding the proposed Lower West Avenue Residential Parking Permit Zone, and endorsed the creation of said Zone; and WHEREAS, pursuant to Article II, entitled, "Metered Parking", of the Miami Beach City Code, Section 106-78, entitled, "Creation of residential parking area", the Mayor and City Commission held a duly noticed public hearing on May 26, 2004, to consider the creation of the proposed Lower West Avenue Restricted Residential Parking Permit Zone; and WHEREAS, the Mayor and Commission directed the Administration to seek input from affected residents within the area; and WHEREAS, the Administration sent straw voting ballots to residents in the affected area and the straw ballot resulted in 51 % not endorsing and 49% endorsing the creation of said Zone; and WHEREAS, on July 28, 2004, the Mayor and Commission referred the issue back to the TPC due to a lack of attendance by affected residents and closeness in the balloting results; and WHEREAS, notices were sent to households in the affected areas notifying residents of the date (September 13, 2004), time (3:30 P.M.), and location (Miami Beach Convention Center/Executive Board Room) of said TPC meeting; and WHEREAS, there were no residents from the affected areas in attendance of said meeting; and WHEREAS, the TPC took no further action regarding the item; and WHEREAS, accordingly, the Administration recommends that the creation of Restricted Residential Parking Permit Zone 13/Lower West Avenue be revisited next year (October 2005), and would further recommend that the Mayor and City Commission deny the creation of the proposed Lower West Avenue Restricted Residential Parking Permit Zone at this time. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing, denied the creation of Restricted Residential Parking Permit Zone 13/Lower West Avenue, with boundaries as follows: on the south, the centerline of 5th Street; on the north, the centerline of 13th Street; on the east, by Alton Court; and on the west, by the westerly line of West Avenue; and further recommending that the City Administration should revisit this issue next year (October 2005). PASSED AND ADOPTED this 13th day of ,2004. ATTEST: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION !rt~J f dvt~ CITY CLERK /M / C>1f;/"t.j JMG/CMC/SF T:\AGENDA\2004\october132004\REGULAR\LOWERWEST A VENUEPUBLlCHEARING.reso.doc CITY OF MIAMI'BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution taking no action to create a restricted residential parking zone for the Lower West Avenue Neighborhood. Issue: Should the Mayor and Commission take no action to create a restricted residential parking zone for Lower West Avenue? Item Summarv/Recommendation: On July 28, 2004, the Mayor and Commission referred the issue to the TPC (Transportation and Parking Committee) for their review, comment, and recommendation. The TPC meetings are publicly noticed meetings. In addition, notices were sent to households in the affected areas notifying residents of the date, time, and location of the meeting. The TPC heard the item and took no action. It should be noted that there were no affected residents in attendance at the meeting. The Administration should revisit this issue next year (October 2005). Backaround: The Administration held a publicly noticed workshop on February 23, 2004, with affected residents to receive input and comments regarding the establishment of Restricted Residential Parking Zone 13 for the Lower West Avenue neighborhood. A majority of the participants voted to proceed with the establishments of said restricted residential parking zone. On May 26, 2004, the Mayor and Commission held a public hearing on the matter. Due to scarce resident attendance, the Commission directed the Administration to solicit feedback from affected residents. The Administration sent notification to residents advising them of the next scheduled public hearing (5:01 P.M., July 28,2004) and sent a self-addressed, stamped post card as a ballot to over 1,700 residences soliciting an endorsement or non-endorsement of the residential parking program with a due date of July 14, 2004. 311 of 1 ,737 ballots were received and 159 151.2%l did not endorse the program and 152 148.8%) did endorse the program. The Administration recommends no action at this time and should revisit this issue next year IOctober 2005l. Financial Information: Amount to be expended: D Finance Dept. Source of Funds: AGENDA ITEM Rl F DATE JO~l3--ol{ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us m COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~/ City Manager U (/ PUBLIC HEARING A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING RESTRICTED RESIDENTIAL PARKING PERMIT ZONE 131LOWER WEST AVENUE. Date: October 13, 2004 To: Subject: ADMINISTRATION RECOMMENDATION The Administration recommends no action at this time. The Administration should revisit this issue next year (October 2005). I~,,:!~ljc Hearing (.Julv 28. 2004): On July 28, 2004, the Mayor and Commission referred this item to the TPC (Transportation and Parking Committee) for their review, comment, and recommendation. The issue was heard at the September 13, 2004, [TPC] meeting which is a publicly noticed meeting. In addition, notices were sent to households in the affected areas encouraging resident participation. The TPC discussed the issue and no action was taken by the Committee. It is important to note that there were no residents from the affected area in attendance. The Administration recommends that no action be taken at this time and that the Administration should revisit this issue next year. Public Hearing (Mav 26.2004) On May 26, 2004, the Mayor and Commission held the Public Hearing on the matter. Due to scarce attendance at the public hearing by residents within the affected areas, the Mayor and Commission directed the Administration to solicit feedback from affected residents within the described boundaries in order to better ascertain the will of the majority of the residents. To this end, the Parking Department sent notices to all affected residents (1,700+) advising them of the time, date, and location ofthe next Public Hearing (5:01 P.M. July 28, 2004, Miami Beach City Hall) when the issue would be discussed and secondly provided a self-addressed, stamped postcard for residents to cast a ballot either endorsina or not endorsing the implementation of the Lower West Avenue Residential Parking Zone 13 (see attached). Notices were mailed on June 25, 2004 and residents were advised that completed ballots must be received at the Parking Department or postmarked no later than July 14, 2004. Lower West Avenue Public Hearing Commission Memorandum October 13, 2004 Page 20'4 There were 311 (17.9 %) of 1,737 ballots received from residents. The final results are as follows: Residents endorsina the implementation of Residential Parking Zone 13: 152 (48.8%) Residents not endorsina the implementation of Residential Parking Zone 13: 159 (51.2%) ANALYSIS: The City of Miami Beach Parking Department received petitions from residents of the Lower West Avenue neighborhood (5th Street to 13th Street) requesting the establishment of restricted residential parking zone for their respective neighborhood. The Parking Department has surveyed the area and formulated recommendations for review by residents of the neighborhood. The Lower West Avenue (5th Street to 13th Street) corridor is comprised predominantly of unregulated on-street parking spaces with the following exceptions which are metered parking: . 900 block of West Avenue (east side only) . 1200 block (West Avenue to Alton Road) of 9th and 10th Streets Currently, the unregulated areas serve as parking for residents; however, the predominant intrusion into the unregulated area is generated by residents and their visitors from the abutting residential parking zones (Residential Parking Zone TwolFlamingo Park and Zone ThreelMichigan Avenue). This intrusion is displacing residential parking spaces in the Lower West Avenue corridor. A publicly noticed workshop was held with residents of the affected areas on Monday, February 23, 2004. A total of seven (7) residents attended the workshop despite extensive notification efforts, including direct mail to all residents within 375 feet of the affected areas. Participants had an opportunity to review, comment, and provide input. A majority of the residents in attendance concurred with the recommendations. A vote was held at the end of the workshop and a majority voted to proceed with the establishment of said program. Subsequently, the Administration sent notices to all residents within 375 feet of the affected areas advising that the City's TPC (Transportation and Parking Committee) would review this issue on Monday, April 12, 2004. The TPC reviewed the Administration's recommendation to establish a program for the neighborhood and endorsed the recommendation. Therefore, pursuant to Article II, entitled, "Metered Parking", of the Miami Beach City Code, Chapter 1 08-78, entitled, "Creation of residential parking area., the Mayor and City Commission must hold a public hearing to consider the establishment of a residential zone for the Lower West Avenue Neighborhood. Lower West Avenue Public Hearing Commission Memorandum October 13,2004 Page3of4 The following is a summary of the recommendations proposed for your Residential Parking Program for Lower West Avenue: Restricted Parkina Boundaries: . South: . North: . East: . West: Centerline of 5th Street Centerline of 13th Street Alton Court Westerly Line of West Avenue Restricted Parkina Hours: . Restricted residential parking 6:00 P.M. to 7:00 A.M. Monday through Friday and 24 hours a day Saturdays, Sundays, and Holidays. . Residential decals will not be honored at parking meters, except where duly noted on the attached map and only during established residential parking days/hours. . There are 131 on-street parking spaces available for this use and all on-street meters located on 1200 block of 6th Street and SOO block of West Avenue. Residential Parkina Permit Zone Fees: Annual Permit Fee*: Annual Visitor Hang-Tag*: Visitor "Scratch-Off' Hang-Tag: $50.00 (plus tax) per vehicle. $50.00 (plus tax) One (1) hang-tag per resident. 24 Hour hang-tag: $1.00 (plus sales tax) per hang-tag. Five (5) hang-tags may be purchased monthly up to six months in advance. Additional hang-tags are available for parties, social affairs, etc. Reauirements: Bona fide residents of the Zone would be mailed a registration/decal purchase package. Each resident that wishes to park vehicle(s) in the restricted parking areas outlined above must register to participate in the "Lower West Avenue" Residential Parking Permit Program/Zone 13. Copies of the following documents will be required to register and purchase a decal/hang-tag for the zone: . Government Issued Photo Identification. . Proof of residency such as current (within last 30 days) utility bill (electric, gas, etc.). . Valid vehicle registration- Notes *AII annualized fees may be prorated semi-annually. **Vehicle registration(s) with outstanding parking violations will not be allowed to participate in the residential parking program. All outstanding parking violations must be satisfied prior to participation. Lower West Avenue Public Hearing Commission Memorandum October 13, 2004 Page 4 of 4 Promulaation of Reaulations: Signs would be posted in the areas promulgating the appropriate restriction. Typically two to three signs per block face would be installed. Vehicles parking within these posted areas must display a valid residential parking decal, visitor hang-tag, or "scratch-off" hang- tag. Enforcement: Progressive enforcement would commence on an agreed upon date for a period of thirty (30) days in the form ofwamings. This would graduate to the issuance of parking citations for a period of thirty (30) days, and subsequently. vehicle impoundment may be necessary to properly enforce the parking regulations/restrictions. CONCLUSION The Administration recommends no action at this time and that the Administration should revisit this issue next year (October 2005). JMGlC~/S'f T:IAGENDA\2004\OCtober1304ltegularILOWERWESTA VENUEPUBLlCHEARING1 013.CME.doc