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).
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