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2011-3738 Ordinance Parking District Boundaries and Fee -in -Lieu of Parking ORDINANCE NO. 2011 -3738 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF STREET PARKING ", ARTICLE II, "DISTRICT REQUIREMENTS ", BY AMENDING SECTION 130 -31, "PARKING DISTRICTS ESTABLISHED ", TO EXPAND THE BOUNDARIES OF THE EXISTING PARKING DISTRICTS; BY AMENDING SECTION 130 -33, "OFF - STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," TO AMEND REGULATIONS PERTAINING TO PARKING DISTRICTS 2, 3, AND 4; AND BY AMENDING ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," SECTION 130 -132, "FEE CALCULATION ", REDUCING THE YEARLY FEE IN LIEU OF PARKING FROM THE CURRENT THREE PERCENT OF THE ONE -TIME PAYMENT TO A LESSER PERCENTAGE; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has been examining the Fee in- Lieu -of Parking program and its effect on the City's businesses during present economic market conditions; and, WHEREAS, as part of this discussion, the Finance and Citywide Projects Committee referred several initiatives to the Planning Board; and, WHEREAS, The initiatives include allowing a yearly fee to be paid for new construction, consider modifications to the map for parking districts, and reducing the percentage for the yearly fee from 3% to 2 %; and, WHEREAS, the Finance and Citywide Projects Committee recommended to bifurcate the initiative to modify the map for parking districts and to reduce the percentage for the yearly fee from 3% to 2% in order to address the impacts of the current economic downturn; and WHEREAS, the Planning Board recommended the modification of the parking districts map and the reduction of the yearly fee from 3% to 2 %; and WHEREAS, the amendments set forth below are necessary to accomplish the above objective; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 130, "Off Street Parking ", Article II, "District Requirements ", Section 130 -31, "Parking Districts Established" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 130 -31. - Parking districts established. (a) For the purposes of establishing off - street parking requirements, the city shall be divided into four parking districts. (1) Parking district no. 1. Parking district No. 1 is that area not included in parking districts Nos. 2, 3 and 4. (2) Parking district No. 2. Parking district No. 2 includes those properties with a lot line on Lincoln Road from the west side of Washington Avenue to the east side of Alton Road and those properties north of Lincoln Road and south of 17th Street from the west side of Washington Avenue to the east side of Lenox Court. (3) Parking district No. 3. Parking district No. 3 includes those properties in the CD- 3 Commercial, High Intensity zoning district within one block north or south of a lot line on Arthur Godfrey Road, from the east side of Alton Road to west side of Indian Creek Waterway. (4) Parking district No. 4. Parking district No. 4 includes those properties within the CD -2 and CD -3 commercial districts with a lot line on 71st Street, or between 67th Street and 72nd Street, from the west side of Collins Avenue to the east side of Rue Notre Dame, and those properties with a lot line on Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame, and those properties in the CD -2 and MXE districts between 73 street and 75 Street. SECTION 2. That Chapter 130, "Off Street Parking ", Article V, "Fee in Lieu of Parking Program ", Section 130 -132, "Fee Calculation" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: ARTICLE V. - FEE IN LIEU OF PARKING PROGRAM Sec. 130 -132. - Fee calculation. (a) New construction. The 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 of $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 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 two 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 sectionl. However, in lieu of continued yearly payments, a one -time redemption payment may be made at any time of the full amount due pursuant to subsection (a) of this section minus the 2 of 5 amount of money already paid through yearly payments; such amount shall be based 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 of issuance of the building permit 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 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 each May by the planning and zoning director based upon the Consumer Price Index (CPI). If determined necessary appropriate, the City Commission may amend the fee structure shall_.. - . = - = - - -= e- • - - -= -_ _ - - -- - --- - --- - - of these land development regulationo in this section by resolution. Sec. 130 -133. - Fee collection. (a) New construction; 1. One time payment. For new construction the 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. 2. Yearly Fee. For those which elect a yearly payment plan, the first 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 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 3 of 5 subsection 130- 132(b)(2). (b) Existing structures. For existing structures and those which elect a yearly payment plan, the first 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 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 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. SECTION 3. 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 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption, and is intended to begin implementation on October 1, 2011.. PASSED AND ADOPTED this 14th day of September , 2011. 4 of 5 MA •R ATTEST: twt �� , { �����ae►wvwv A via 14, CITY CLERK -�� . s APPROVED AS TO i. FORM & LANGUAGE "ANC ©� �� • & FOR EXECUTION • ''nocH 26,E g , l L /l/ '''` "�•�����'' City Attorn y - Date • First Reading: June 1, 2011 Second Reading: September 14, 2011 Verified by: Richard Lorber, P Acting Planning Director Underscore denotes new language 09/12/2011 F: \PLAN \$PLB \draft ordinances\2001 - fee in lieu of parking \Parking and fee in lieu ordinance rev 9- 12- 2011.docx 'II 5 of 5 COMMISSION ITEM S N M UMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Amending Chapter 130 , Y Y tY 9 P "Off Street Parking ", To Expand The Boundaries Of The Existing Parking Districts; To Amend Requirements For Parking Districts Nos. 2, 3 And 4," and Amending "Fee In Lieu Of Parking Program," From The Current 3% Of The One -Time Payment To A Lesser Percentage Key Intended Outcome Supported: Regulatory. Required by State Statutes Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6 %, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one - third, 29.6 %, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission change the existing boundaries of existing parking districts and change the yearly fee in lieu of providing the required parking to a lesser percentage (currently 3% of the one -time fee - $35,000) Item Summary /Recommendation: Second Reading Public Hearing In certain specific cases a parking impact fee may be paid to the city in lieu of providing required parking. 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 either on -site or within a specified distance, or, pay a fee in lieu of providing that parking. The fee is set by the City based upon the estimated cost of constructing one parking space in a typical structured parking garage, and is adjusted from time to time to reflect changes in the cost of land and construction. Currently the fee is $35,000 per space, which reflects the average cost per space. Amending the boundaries of the parking districts would correct certain deficiencies in the boundaries of the parking districts in order to encompass properties that should have been included and as potential policy solutions to address the concerns of small businesses with respect to the fee -in -lieu. The annual fee is also reduced to 2% starting October 2011, with a yearly review in May 2012 with any changes to be done by resolution. The Administration recommends that the City Commission adopt the proposed amended ordinance. Advisory Board Recommendation: At its April 26, 2011 meeting, the Planning Board, by a vote of 6 -0 (one member absent), recommended that the City Commission adopt the proposed ordinance. The Board also requested three other possible amendments for the City Commission to refer after having discussed them. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: Charter section 5.02, requires consideration of the long -term economic impact (at least 5 years) of proposed legislative actions. Amending the boundaries of Parking Districts #3 and #4 will eliminate approximately seven (7) accounts, totaling approximately $44,000 in current annual billing, or $220,000 over 5 years. Reducing the annual fee from 3% to 2% of the one -time fee for the remaining accounts will reduce the annual billing by one - third, or a reduction of approximately $200,000 to $250,000 per year, or $800,000 to $1,000,000 over 5 years. City Clerk's Office Legislative Tracking: Richard Lorber Sign -Offs: Department Director ' sistant Ci A d anager City Manager / .�__ T:\AGENDA\2011 \9 -14- 11\2001 - parking dist b dais & fee -in lieu- sum.(a # AOP eta AG ENDA ITEM R M IA MIBE ACH IMF DATE ?- I P.-. MIAMI 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: September 14, 2011 Second Reading Public Hearing SUBJECT: Parking district boundaries and Fees -in -Lieu of Parking AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF STREET PARKING ", ARTICLE II, "DISTRICT REQUIREMENTS ", BY AMENDING SECTION 130 -31, "PARKING DISTRICTS ESTABLISHED ", TO EXPAND THE BOUNDARIES OF THE EXISTING PARKING DISTRICTS; BY AMENDING SECTION 130 -33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," TO AMEND REGULATIONS PERTAINING TO PARKING DISTRICTS 2, 3, AND 4; AND BY AMENDING ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," SECTION 130 -132, "FEE CALCULATION ", TO REDUCE THE YEARLY FEE IN LIEU OF PARKING FROM THE CURRENT THREE PERCENT OF THE ONE -TIME PAYMENT TO A LESSER PERCENTAGE; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUD A discussion regarding the City's most recent billing of Parking Impact Fees, and the possibility of a moratorium due to present economic market conditions, was held by the City Commission on September 15, 2010, at the request of Commissioner Wolfson. After briefly discussing the matter, the issue was referred to the Finance and Citywide Projects Committee. The Commission also expressed their desire for the City to hold off on sending collection letters until the item is discussed at committee. At the December 16, 2010 Finance and Citywide Projects Committee meeting, the Committee discussed various staff recommendations, and requested staff return with analysis on how other cities handle parking requirements, and recommendations on how to reduce the parking requirement by providing valet service. The Committee approved and referred the following initiatives directly to the Planning Board: City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 2011 Page 2 • allowing a yearly fee to be paid for new construction • accept the modifications to the map for parking districts • reducing the percentage for the yearly fee from 3% to 2% The Planning Board began discussing these matters at its March 22, 2011 meeting but requested that staff further refine the applicable proposals and return to the Board in April. During a discussion at the Finance and Citywide Projects Committee meeting of March 24, 2011, regarding recent billing of fees in -lieu of parking and the possibility of a moratorium due to present economic market conditions and the effect on business in North Beach, the Committee recommended bifurcating the following two initiatives to go forward to the Planning Board: • modifications to the map for parking districts; • reducing the percentage for the yearly fee from 3% to 2% The Committee requested that staff provide additional analysis of the available parking that existing hotels currently have, and an estimate of the usage of such hotel parking, prior to bringing the item allowing a yearly fee to be paid for new construction to the Planning Board. ANALYSIS In certain specific cases a parking impact fee may be paid to the city in lieu of providing required parking. 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 either on -site or within a specified distance, or, pay a fee in lieu of providing that parking. The fee is set by the City based upon the estimated cost of constructing one parking space in a typical structured parking garage, and is adjusted from time to time to reflect changes in the cost of land and construction. In 2006, the City increased the fee to $35,000 per space, which was estimated to be the amount it would cost the City to construct one space; subsequent analysis of the parking garage projects reviewed by the City has proven that amount to be justified, as the costs reflect an average cost per space very close to this figure. The rationale for the fee -in -lieu is that where a developer cannot provide parking on site, and is unable to obtain off -site parking to satisfy the parking requirements, the funds generated by these fees can be used by the City to provide public parking garages. The City is divided into three districts, north, middle and south, and funds generated are segregated into three accounts according to the district they are in. In South Beach, the City has used these fees to help fund the Municipal Multipurpose Center garage at 17 Street and Meridian Avenue. The Sunset Harbour garage, which is located in the Mid -Beach parking impact fee district, is funded partially with these fees. The proposed garage on 23 Street is also located in the Mid -Beach account area. There are funds in the account for North Beach which are expected to help fund the future North Beach Town Center garage. New construction of buildings must pay a one -time fee -in -lieu at the time of building permit approval. However, for the intensification of an existing building from a less intense use such as office or retail to a more intensive use such as restaurant, which City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 2011 Page 3 requires additional parking, a yearly fee payment option is offered, which is currently 3% of the one -time fee, payable per year. The full fee is currently $35,000, and thus the yearly fee would be $1,050 per year. Intensification of existing buildings in our historic districts does not trigger any parking requirements, so within historic districts there are very few yearly fee accounts. The majority of yearly accounts are located in areas that are not in historic district, and are not in areas of the City which have special parking reductions or parking districts. (Lincoln Road, 41 Street, and 71 Street are "parking districts" which have no parking requirements for retail or restaurant uses.) The attached graphic shows that there are concentrations of yearly fee accounts along Alton Road, in Sunset Harbour, in South Pointe, and in North Beach either along Collins Avenue south of 71 Street or clustered around the Normandy fountain. These concentrations are in areas that are neither considered "parking districts" nor are designated as local historic districts. As such, the intensification of uses within the existing buildings in these areas have required the payment of the yearly fees, when adequate parking was not available on -site to accommodate the increased parking requirements. Amending the map for parking districts The Planning Department has been looking at various potential policy solutions to address the concerns of small businesses with respect to the fee -in -lieu. For example, in one case brought to the Department's attention, a business that was on Alton Road at 41 Street was required to pay the fee -in -lieu several years ago when they created a restaurant and later added more seats in what was once a real estate office. While parking is normally required for this type of intensification, all properties fronting on 41s Street are part of "parking district #3" and as such, have no parking requirements for retail or restaurants. However, this property, since it was on the curved portion of Alton Road just adjacent to the south from 41 Street, wasn't technically included in the parking district. Staff suggests that the definition of this parking district could be easily amended to include all properties zoned CD -3 commercial high- intensity, located within one block of 41 Street, and thereby include the five or six lots that are left out of the parking district as currently defined. This would be very logical from a planning standpoint and would not have a significant impact on the 41 Street area. Similar changes could be contemplated in the North Beach area, where 71s Street is a parking district, but the areas around Normandy Fountain or south of 71 Street are not. The concept of the parking district is linked to the presence of adequate public parking, and as a public parking garage project is contemplated, the extension of the parking district could also be explored. (The North Beach Town Center plan includes a modest increase of the parking district #4). The proposed ordinance would extend the parking district south along Collins Avenue and north to 75 Street (mostly already a historic district). The following modifications are suggested to the definitions of Parking Districts 3 and 4: Parking district No. 3. Parking district No. 3 includes those properties in the CD -3 Commercial, High Intensity zoning district within one block north or south of abet- fine -en Arthur Godfrey Road, from the east side of Alton Road to west side of Indian Creek Waterway. Parking district No. 4. Parking district No. 4 includes those properties within the CD -2 J City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 2011 Page 4 and CD -3 commercial districts with a lot line on 71st Street, or between 67 Street and 72 "d Street, from the west side of Collins Avenue to the east side of Rue Notre Dame, and those properties with a lot line on Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame, and those properties in the CD -2 and MXE districts between 73 street and 75 Street. Note also that an ordinance creating parking district #5 along the Alton Road corridor between 5 Street and the Collins Canal is currently being contemplated as part of the package of ordinances addressing the buffer zone between the commercial corridor and the Flamingo Park historic neighborhood. This ordinance should eliminate several of the yearly fee accounts along the corridor (although it should be noted that the entire Alton Road zoning change initiative has remained on hold for several months as it undergoes review by the Land Use and Development Committee). Finally, the Commission has directed staff to explore revisions to the parking requirements to the Sunset Harbour neighborhood, once the City's new parking garage project is open and operating in that neighborhood (this is expected to be no sooner than 18 months from the present). Staff believes that this proposed change to the boundaries of Parking Districts #3 and #4 is sound planning, and should not have a disproportionate impact on parking in the City or the City's fiscal balance. Lowering the percentage paid per year For the intensification of an existing building from a less intense use such as office or retail to a more intensive use such as restaurant, which requires additional parking, a yearly fee payment option is offered, which is 3% of the one -time fee, payable per year. The yearly fee is also an option for outdoor cafes associated with an indoor restaurant use. Currently the full fee is $35,000, and thus, the yearly is $1,050 per year. Planning Department staff has continued to explore the issue of the full fee and has examined construction and land acquisition costs for recent City parking garage projects (New World Symphony, Sunset Harbour, 5 & Alton, 23 Street). Based on this data staff believes that the $35,000 figure remains valid as representative of the City's total average cost for land acquisition and construction of one parking space, which is how the fee is determined as required by Code. However, for yearly accounts, the 3% of the full fee per year is an arbitrary figure which has been revised on previous occasions. To address the impacts of a short-term economic downturn, the City could consider an amendment to this portion of the Code which reduces the percentage for the yearly fee from 3% to a lower number. The table below indicates what the yearly fee would be reduced to at various percentage levels. Full fee Percentage Yearly fee $35,000 3% (current) $1,050 $35,000 2.5% $875 $35,000 2% $700 $35,000 1.5% $525 Staff believes that temporarily adjusting the annual percentage rate to 2% during economic downturns is a preferable way to address such concerns, without causing undue impact to the traffic and parking conditions in the City. The full fee would continue to serve as a reference for the actual cost of building and providing parking for new r City Commission Memorandum Parking district boundaries and fees in lieu of parking p g September 14, 2011 Page 5 construction projects, acting as an incentive to consider actually providing the required parking on site or within the close vicinity of the actual project. PLANNING BOARD At its April 26, 2011 meeting, the Planning Board, by a vote of 6 -0 (one member absent), recommended that the City Commission adopt the proposed ordinance amending the parking district boundaries and reducing the yearly fee -in lieu to 2 %. The Board also made a request to the City Commission for three other possible amendments, after discussing these issues during the meeting. These are: 1. Expanding the type of exemptions with the parking districts to include targeted or strategic industries or businesses the City wishes to attract. Hotels might be included in some of the parking districts, for example. Certain types of office uses, especially those connected with the arts, culture and tourism may also be considered for inclusion in the parking districts, thus encouraging expansion of these key areas. 2. A limit on the amount of parking that can be satisfied by paying a fee in -lieu of providing the required parking either on site or within a specified distance should be considered. While the fee in -lieu of parking provision is useful in areas where area to provide parking is very constrained, such as on sites in local historic districts which already contain existing historic buildings, the use of the fee in -lieu to satisfy large amounts of required parking appears to be contrary to the initial rationale for such a program. The City Commission may wish to consider whether there should be a maximum cap on the use of the fee in -lieu, either in absolute terms as a maximum number of spaces that can be paid for, or in percentage terms, permitting only a maximum percentage of required parking to be satisfied by paying the fee. For example, a proposal that permitted up to twenty spaces to be satisfied by paying the fee, and permitting only fifty percent of the required spaces over the maximum of twenty to be satisfied by paying the fee, would permit smaller projects to go forward without parking when absolutely necessary, but would ensure that larger projects provided at least some of the required parking on site or within a specified distance. 3. The distance from a subject site that required parking can be provided off site is currently 500 feet, and 1200 feet for historic districts. The City Commission may wish to consider expanding these distances, to for example, 750 feet and 1500 feet for historic districts. This may encourage a greater number of spaces to be provided, by expanding the available sites on which parking may be located. 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, and determined that there may be a measurable impact on the City's budget by enactment of the ordinance, amending the boundaries of Parking Districts #3 and #4, and reducing the yearly fee in lieu from 3% of the full fee ($35,000) or $1050, to the recommended 2% or $700. City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 2011 Page 6 Amending the boundaries of Parking Districts 3 and 4 Amending the boundaries of Parking Districts 3 and 4 will eliminate approximately seven (7) accounts, totaling approximately $44,000 in current annual billing, or approximately 5 percent of the total. A five year fiscal impact would be approximately $220,000. Reducing the annual fee from 3% to 2% Reducing the annual fee from 3% to 2% of the one -time fee for the remaining accounts will reduce the annual billing by one - third, or approximately $200,000 to $250,000 per year. A five year fiscal impact would be approximately $800,000 to $1,000,000. After performing the above fiscal impact analysis, staff expressed a concern at the long term reduction of this program from fees in -lieu of parking. These funds have been used in the past to help defray the cost of constructing parking facilities, and recently the City Commission expanded the type of projects which would qualify under this program. At the June 1, 2011 meeting, during discussion of the proposed ordinance, the City Commission also expressed the concern of introducing a permanent reduction to the fee -in lieu and suggested that a sunset provision be included in the ordinance and that it be reviewed yearly, in May 2012, to see if the percentage should be extended in the budget cycle. The Commission voted to amend the proposed ordinance by requesting that implementation be prospectively starting October 2011, with an annual review to be conducted in May 2012 and changes, if any, would be done by resolution. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance, as amended, on second reading public hearing. Pursuant to Chapter 118 -164, when a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time and place of the meeting; the title or titles of proposed ordinances; and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Immediately following the public hearing at the second reading, the city commission may adopt the ordinance. An affirmative vote of five - sevenths of all members of the city commission shall be necessary in order to enact any amendment to these land development regulations. JMG /JGG /RGL /ML T:\AGENDA\2011 \9 -14- 11\2001 - parking dist boundaries & fee -in lieu memo 9- 14- 2011.docx UWE j THURSDAY, AUGUST 25, 2011 NE MIAMIBEACH - • ^ - • 4, • CITY OF MIAMI BEACH . NOTICE PUBLIC HEARINGS Nand IS HEREBY given that second readings and public hearings will be held by the Mayor and City'eomMission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami = Beach , Florida , on yVednesday, September 14, 2011, to consider the-fellowing: .,, 1015 . - '—urdinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Buibling Development Pracessimplennented On February 1, 2010: . • _ 1. Ordinance Amending Chapter 14 Of The City Of Miami Beach Code, Renaming Articles And Divisions', Amending Fees, Clarifying Adrninistrative Processes And Their Respectir Feea; Creating A Prabess For Reevaluating Permit . — Fees; Deleting Sections' 14-421 Through 14-431,find 147466-Tirough 14-698 In Their Entirety; And Amending _ Appenciix A By Modifying Inspection Fees For Building, Plunthing4 And Mechanical Work And For Other Building Department Activities - 2. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amenaing Sect ion 50-3 Thereof, Entitled "Plans Examination, Inspection, Permits"; And Amending Appendix A, By Adding-New-,FaesAncl Modifying The Fee Schedule ForThe Fire Department Revidv Process. • , • _ 3. OrdinanceAmendirig Chapier-150fThe City Of Miami Beach Code, Article II, Entitled tZoniratteviewfee Associated With The Building Procest", By Amending 15-31 And Adding New Sections 15-38 Thrn(igh_15=43, Thereof; And , Amending Appendix A, Adding New.Fees AndModifying The Fee Schedule For Zoning Review Associated With The Building Process - 4. Ordinance Amending 98 Of The City Of Miami Beach Code, Article III, Division 2, Section 98-92, Entitled "Application; Amount Of Depbsit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Sebtection (E), Adding Subsections (F) Through (1); Amending Section 98-94, Entitled "Refunds"; And Amending Appendix A By Adding New Fees And Modifying The Fee Schedule Public Works Review Associated With The Building Process. Inquiries maybe to the City Manager's _Office (305) 673-7010 • _ - • - 10:20 a.m. OrdinanceAtriending Chapter 110 OfThe City Code, Entitled "Utilities," By Amending Article IV, Entitled "Fees, Charges, - Rates And Billing-Procedure," By.Aniencling Division 3, Entitled "Billing Procedure," By Amending Section 110-191, Entitled 'Payment Of Bills," By Amending 110-191(9) By Changing The Due Date-For Utility Bills To 21 Days From 15 Days - . From The Date Of The Bill. Inquiries may be directed to the Finance Department (30)673-7466 • 1030 a.m. • • - _ Ordinance CriThe Mayor And TheCityof Miami Beach, Florida, Amending Chapter 46 Of The Miarni City Code„Entitled„.".Envirn : Artiale IV Entitled "Noise " By Amending Section 46-151, Entitled "Definitions By-AMending The,141; 'lint Habitual To Conform To the Habitual 9ffenderLanguage Set Forth In Subsections 46-159(a) (€4 and thl B on 46-152, Entitled Adoption Of County Code by Reference; Unnecessary And es,§110 Noisee;'- To Adopt The County!eReise Standarde:kt.Sec1ion*-152 By Amending Section 46-158 - Entitled , "-Enforcernerifty-Coile Inspectors; Notice of Violation, Warnings; Responsibility To Provide Current Address," To - Remov,a2pertain Languagain Subsection (b)(2)That Is No Longer Relevant Due To The Time; By Amending Section*-1•59 Entitled "Fines and Penalties For Violation Appeals Alternative Means Of Enforcement" To Conform The __.Habitual Offender Langoge In Subsection (h) To The Provision In 46-151 And 46-158(a)(6). Inquiries may be direetetto the City Manager's Office (305) 673-7410 , )(' 1040 am " • . Ordinance Amending The Land Develaprnint_Regulations Of The 00311e.1)f The City , Otik#Ittmi Beach, By Amending . _ Chapter :130 "Off Street Parking', Article 11, District Requirements' i By Amending §ortitiOSB-31, "PariditOistricts _ trietitiejo Expand The Boundaries Of The Existing Parking Districts*Arnendillg-Section 130-33 'Off Street ing•Retfuirements For_Nriung Districts Nos. 2, 3 And 4,"To Amend RegulationePerlainii*To Parkin Districts 2, 3, And 4401dStAmending*cle V, "Retti,Lieu Of Parking Program," Section 130432,;"*Aalculation", Reducing The YeartyPee In Lieu Of** From The Current Three Percent Of ThetiOlirie Pit#nlento A Lesser Parcentage. Inquiries may beMirected to the Parking Department (305) 673-7275 ' INTERESTED PARTIES are invited to appeanat this meeting or be representecity • AfreXpress their views* writing addressed to the City Commission CIO the City Clerk 1700 toiiventib6 Center b 1 floor, City HUI , Beach, Florida 33139..Any of these items may be opened4nd continued and.undef such circuitintances-additiona4411 notice would mite guided. • • Robert E. Percher, City Clerk • - City of Miami Beach Pursuant to 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission witnreipeCtto 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 introductiow admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed law. ' • In accordance with the Americans with Disabilities Act of 1990, persons needing specialvecommodation to participate in this proceeding, aria request information on access for persons with disabilities, or request this- publication in accessible format, or to request sign language interpreters, should contact the City Clerk's office-at (305) 673-7411, no later than four days prior to the proceeding. If hearing impaired, contactite -City Clerk's office via the Florida Relay Service numbers, (800) 955-8771 (TTY) or (800) 955-8770 (VOICE). # 662