2015-3922 Ordinance ORDINANCE NO.. 2015-3922
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SUBPART A — GENERAL ORDINANCES, CHAPTER
106 "TRAFFIC AND VEHICLES", AT ARTICLE I, DIVISION 1 ENTITLED
"GENERALLY", TO CLARIFY THAT A PARKING ENFORCEMENT SPECIALIST MAY
ISSUE CODE COMPLIANCE VIOLATIONS UNDER SECTION 106-116 THROUGH
106-126, WITH ENFORCEMENT THROUGH THE SPECIAL MASTER; AND AT
ARTICLE II ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN"; AND CREATING
SECTIONS 106-116 THROUGH 106-130; PROVIDING FOR LEGISLATIVE INTENT;
DEFINITIONS; CREATING A REQUIREMENT THAT ALL CONTRACTORS PROVIDE
TRAFFIC PLAN TO THE BUILDING AND PARKING DEPARTMENT(S) PRIOR TO
OBTAINING A BUILDING OR GRADING AND SHORING PERMIT FOR ALL
PROJECTS OVER A CERTAIN CONSTRUCTION THRESHOLD; TO ENSURE THAT
ALL EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS ARE PART OF A
TRAFFIC MANAGEMENT AND PARKING PLAN FOR PARKING OF VEHICLES;
PROVIDING FOR PENALTIES, ENFORCEMENT PROCEDURES AND APPEALS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and Vehicles," regulates all matters
relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, There exists in areas of the City, heavy concentration of construction activity and
related construction employee vehicles that park for extended periods usurping parking availability all
day; congregating at various points; and committing offenses against the peace and dignity of the City
and the residents thereof; and
WHEREAS, the presence of these vehicles cause vehicular traffic congestion on commercial and
residential streets, impede the movement of traffic, and unduly restrict access to patrons and visitors to
commercial areas and residents and their visitors to their homes; and
WHEREAS, such vehicular congestion creates polluted air, excessive noise, trash and refuse;
and
WHEREAS, that the conditions and impacts mentioned above reduces parking availability and
creates blighted or deteriorated residential areas; and
WHEREAS, the establishment of a requirement of a Construction Management Plan for traffic
and parking to preserve the resident quality of life and character of residential neighborhoods, preserve
property values, and preserve the safety of children and other pedestrians; and
WHEREAS, to ensure that the definitions are clear, concise, and for facility of use to the
community and,
WHEREAS, the proposed modification to the Chapter 106 of the City Code are necessary to
accomplish the above objectives.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 106, "Traffic and Vehicles," Article I, at Division 1 entitled "Generally," is hereby
amended; and Article II entitled, "Metered Parking," is amended to create Division 3, entitled
"Construction Parking And Traffic Management Plan" as follows:
CHAPTER 106 TRAFFIC AND VEHICLES
* * *
ARTICLE I
DIVISION I-GENERALLY
* * *
Sec. 106-53. -Duties of Parking Enforcement Specialist in case of overtime parking.
(a) It shall be the duty of the Parking Enforcement Specialist of the City, acting in accordance with
instructions issued by the Parking Director, to issue a citation to the violators of Section 106-46 or 106-48,
containing the following information:
(1) The number of the parking meter that indicated that the vehicle occupying the parking space
adjacent to such parking meter is or had been parked in violation of any of the provisions of
section 106-46 or 106-48.
(2) The state and license number of such vehicle.
(3) The date and time at which such vehicle was seen or found parked in violation of any of the
provisions of section 106-46 or 106-48.
(4) Any other facts a knowledge of which is necessary to a thorough understanding of the
circumstances attending such violation, and facilitate the determining of ownership of such
vehicle.
(b) When the operator of the vehicle is not available each such Parking Enforcement Specialist shall
attach to such vehicle the citation to the owner thereof that such vehicle has been parked in violation of
section 106-46 or 106-48, and instructing such owner to either pay the parking fine or contest the citation
as provided on the citation within 30 days in regard to such violation.
(c) The Parking Enforcement Specialist shall enforce the provisions of Article II, Division 3, sections
106-116 through 116-126, through the Code Compliance Procedures of Chapter 30. An appeal of a
citation under Article II, Division 3, shall be to the Special Master.
ARTICLE II METERED PARKING
* * *
DIVISION 3. CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN
Sec. 106-116. Declaration of necessity and purpose.
It is hereby found and declared that:
(a) There exists in areas of the City, heavy concentration of construction activity and related
construction employee vehicles that park for extended periods usurping parking availability all
day; congregating at various points; and committing offenses against the peace and dignity of
the City and the residents thereof.
(b) The presence of these vehicles cause vehicular traffic congestion on commercial and
residential streets, impede the movement of traffic, and unduly restrict access to patrons and
visitors to commercial areas and residents and their visitors to their homes.
(c) Such vehicular congestion creates polluted air, excessive noise, trash and refuse.
(d) That the conditions and evils mentioned in subsections (1), (2), and (3) of this section
reduces parking availability and creates blighted or deteriorated residential and commercial
areas.
(e) The establishment of a requirement that a contractor provide a Construction Management
Plan (CMP) due to the traffic and parking impacts caused by the construction product would
assist the City in preserving the residents' quality of life; ensure the high quality of our
residential and commercial neighborhoods; would preserve property values; and preserve the
safety of children and of all pedestrians in the City.
Sec. 106-117. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Commercial area means a contiguous or nearly contiguous area containing public streets or parts thereof
primarily abutted by commercial, or retail property. Commercial area shall contain at least half a city block
bordered by three public streets, and, if there is an alleyway, also by the alleyway.
Construction Employee Vehicle (CEV) means a motor vehicle operated in or parked by an employee, or
subcontractor of a construction contractor for extended periods of the day, which result in an impact on
the community as identified below as a CEVPI.
Construction Employee Vehicle Parking Impact(CEVPI) means:
(1) A condition whereby:
a. Municipal (on and off-street) parking spaces are limited in quantities and for extended
periods of the day factually occupied Monday through Saturday, of any month by
construction employee, contractor or subcontractor vehicles; and
b. CEVs park on municipal on and off-street parking spaces, intended for commercial or
residential uses; or
(2) A condition whereby any number of construction related vehicles are being driven into or left
regularly in a commercial or residential area and the CEV drivers are parking at those locations
for purposes unrelated to commercial, retail or residential uses.
(3) The CEVPI permit and plan shall be posted at the construction site.
Residential areas means a contiguous or nearly contiguous area containing public streets or parts thereof
primarily abutted by residential property or residential and nonbusiness property such as schools, parks,
churches, hospitals, and nursing homes. A residential area shall contain at least half a city block bordered
by three (3) public streets, and, if there is an alleyway, also by the alleyway.
Sec. 106-118. Creation of Construction Management Plan (CMP).
(1) In order to obtain or maintain a Building and/or Grading and Shoring Permit for all projects with a
value in excess of $250 000.00 the Contractor of record shall be resuired to •rovide to the Cit a CMP.
The Parking Director shall review the CMP. Failure to provide the CMP, or obtain Parking Director
approval of the CMP shall preclude the issuance of a Building or Grading and Shoring Permit. The CMP
shall minimize CEVPI to the surrounding commercial or residential areas. The CMP must:
•
a. Reduce CEVPI related to the proposed construction;
b. Contain construction related parking within the project site, whenever possible;
c. Document where the parking areas will be provided for the employees, subcontractors,
and contractors, if not on site; and
d. The contractor, owner of the property, and tenant are required to sign, under oath, the
proposed CMP, confirming their understanding of the plan, and the penalties associated with non-
compliance.
(2) Development orders issued prior to enacting of this ordinance shall be exempt from application of
this Division 1.
(3) The City's municipal garage located at 42 Street may not be used for CEVPI or CEV uses.
(4) To use any other City municipal garage for CEVPI or CEV uses, shall require City Manager and
Parking Director authorization and final authorization of the City Commission.
Sec. 106-119. Requirements of CMP.
(1) The CMP shall contain the following required elements to address the CEVPI:
a. A copy of the building permit application/processing number, that is not expired, with the
Building Department.
b. A system to minimize the effect of CEV parking in commercial and residential neighborhoods.
c. Document the number of workers; identify by description and vehicle license plate number all
vehicles that will be present on the site during various phases of construction; and indicate
whether sufficient privately owned/operated off-street parking will be provided. Provide proof
of such off-street private parking arrangements.
d. The construction contractor, owner/developer shall schedule a pre-construction meeting with
City staff after permit issuance, but prior to start of work, to review CMP implementation.
(2) The Construction Site Parking and Staging Plan shall provide the following specific information:
a. All construction related parking (whether for employees, contractors, subcontractors,
suppliers, etc.) shall be located on-site where the construction is to take place, or at an
approved off-site locations, as approved by City Staff. Swale right-of-way, or parking
metered locations may be permitted, upon approval of the Parking Director, to be used for
loading, deliveries, and supplies. However, this temporary authorization shall not be
considered a proper parking area for employees, subcontractors or contractors under the
CMP.
b. Delineate the details as to the number of proposed vehicles; type of vehicles accessing the
construction site; identify the vehicles by year, make, model, and Florida license plate
number.
c. Identify where all on-site parking will be located (minimum 8.5'x18' per stall) and how vehicles
will enter and exit the construct site from or the street.
d. If off-site parking is required to accommodate employee, subcontractor or contractor parking
needs, identify the off-site location to be used and how the employees, subcontractors or
contractors will get to and from the construction site. Provide proof of lease, exclusive use,
etc. to the Parking Director as park of the CMP.
f. Identify any fencing around the construction site and all access points. A site plan may be
required
g. Identify material staging area(s).
h. Provide any other notes necessary to clarify the CMP, as may be applicable.
Sec. 106-120. Review and approval.
The CMP shall be reviewed and require the approval of the Parking Director.
Sec. 106-121. Issuance of permit.
1. A CMP permit shall be issued upon approval of the CMP and payment of fees.
2. A CMP permit fee in the amount of$144.00, shall be assessed for each CMP and related building
permit.
3. Thereafter a building or a grading and shoring permit may issue. Failure to obtain Parking
Department authorization of a CMP permit shall preclude the issuance of building permit.
Sec. 106-122. Parking in designated areas.
(1) Pursuant to the requirements of section 106-119, contractors, subcontractors and construction
employees shall register and provide vehicle make, model, year, color, and license plate to the Parking
Department.
(2) CEVs shall prominently display a parking permit for the corresponding parking facility(ies) related
to the building permit/construction project identified in the underlying CMP. Such parking permit shall be
displayed so as to be clearly visible to the City's enforcement personnel.
(3) CEVs found at any location other than those stipulated in the CMP shall be in violation of this
section
Sec. 106-123. Enforcement.
(1) A City Code Inspector may issue a citation for a violation of this Chapter. Enforcement shall be
through Chapter 30 of the City's Code. A City Code Inspectors means the Code Compliance Officers,
parking department employees, a Parking Enforcement Specialist, or any authorized agent or employee
of the City whose duty it is to assure code compliance.
(2) All violations of this chapter are civil infractions. Each violation of this chapter shall constitute a
separate offense. Violations of this chapter, will be punished as follows:
(a) For a first offense, a $5,000.00 fine issued to both contractor and property owner/tenant.
(b) For a second offense a$10,000.00 fine issued to both contractor and property owner/tenant.
(c) For a third offense, a$15,000.00 fine issued to both contractor and property owner/tenant.
(d) For each additional/subsequent offense a one day stop work order issued by the City's
Building Official.
(e) For purposes of this section, an offense shall be deemed to have occurred on the date that
the violation occurred.
(f) The failure of any person to pay the appropriate fine within the time allowed or to appeal the
violation shall constitute a waiver of the right to an administrative hearing before the special
master and fines may be accessed accordingly.
(g) A certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal property owned by the violator and
it may be enforced in the same manner as a court judgment by the sheriffs of this state,
including levy against the violator's personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the recording of any such
lien that which remains unpaid, the City may foreclose or otherwise execute upon the lien.
Sec. 106-124. Revocation of permits and other penalties.
Any Contractor, subcontractor, property owner or tenant who has obtained a valid citation under section
106-123, and who has failed to pay the fine, and failed to cure the violation, shall have the Building
Permit revoked. Failure to comply shall subject such participant to enforcement procedures by the City
and may result in fines of up to an additional $500.00, per day, and liens as provided by law.
Sec. 106-125. Use of Funds.
All fines collected and all CMP fees collected shall be first utilized to fund administrative expenditures of
the City in administering the program, including Parking Department review, Code Compliance
Enforcement and Building Department Review. Any remaining funds shall be transferred to the Fee in
Lieu of Parking fund to assist the City in providing enhanced parking facilities. Any transfer of funds to
the Fee in Lieu of Parking fund shall be documented to reflect the fine source, and amount.
Sec. 106-126. Appeals.
Appeals of a citation shall be pursuant to Chapter 30, before the City's Special Master. The procedures
relating to a Code Compliance citations under Chapter 30 shall control the appeal period, notice
requirements, and rules relating to same.
*
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such
intention, and, the word "ordinance" may be changed to"section", "article", or other appropriate word. •
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be
y P
affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this // day of Fe 6rtee ry 2015.
First Reading:0 anuary 1412015-
Second Reading: t=@betka U-y l l) 2-01S—
ATTEST:
Philip Levi •
Rafael E. Granado, Ci C ' C,-/
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N�••• •''• Cl tS APPRcc `/D AS TO
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JNCORP ORATED:
S ity Attorney ; Date
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Underscore denotes new language
denotes removed language
Double underline denotes additions after First Reading
(Sponsored by Commissioner Michael Grieco)
F:\ATTO\BOUE\Ordinances\Parking Plan ordinance second reading draft[2-11-2015].docx
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 106, "Traffic and Vehicles" Article II, entitled "Metered Parking"; creating
Division 3, entitled, "Construction Parking and Traffic Management Plan"; providing for codification,
repealer, severability, and an effective date
Key Intended Outcome Supported:
Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular and Including Parking).
Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate
the availability of parking across the City as too little or much too little. Availability of parking was one of the
changes residents identified to Make Miami Beach better to live, work or play.
Item Summary/Recommendation:
There are areas of the city with concentrations of construction activity and related construction employee
vehicles parking for extended periods usurping parking availability all day at on-street parking spaces and
municipal parking lots. The presence of these vehicles has caused reduced parking availability, vehicular
traffic congestion on commercial and residential streets, impedes the movement of traffic, and unduly
restricts access to patrons and visitors to commercial areas and residents and their visitors to their homes.
On December 10, 2014, the Land Use and Development Committee (LUDC) endorsed the proposed
ordinance and directed the Administration to further analyze the $100,000 construction value threshold
requiring a Construction Parking Plan and recommended the proposed ordinance to the Mayor and City
Commission. Other communities with similar challenges, including Los Altos, and Pasadena, California,
have regulated construction parking and require a Construction Management Plan (CMP). On January 14,
2015, the Mayor and City Commission held the First Reading and Public Hearing of this proposed
Ordinance and approved Alternative 2 - Threshold Value of $250,000. To this end, the City Attorney's
Office and Administration, including representatives from the City Manager's Office, Building Department,
Code Compliance, Planning Department, and Parking Department have collaborated and drafted a
proposed ordinance requiring all construction projects with a value of $250,000, have an approved
Construction Management Plan (CMP) in order to obtain a building and/or grading and shoring permit.
Furthermore, the City Attorney's Office and Administration, including representatives from the City
Manager's Office, Building Department, Code Compliance, Planning Department, and Parking Department,
met with the Construction Industry on January 7, 2015, and a second industry meeting is scheduled for
January 27, 2015. The results of which will be reported at the second public hearing. Additionally,
provisions for enhanced accountability from the related developer and/or development order, if applicable,
has been included in the proposed ordinance. The Administration recommends that the City
Commission approve the Ordinance at Second and final public hearing.
Advisory Board Recommendation:
On January 5, 2015, the Transportation, Parking & Bicycle-Pedestrian Facilities Committee endorsed a
recommendation to amend the City Code and require a Construction Parking and Traffic Management
Plan, as described.
Financial Information:
Source of Amount Account
Funds: 1
2
OBPI Total
Financial Impact Summary: Alternative Two - Threshold Value of $250,000+: This analysis is based
on 883 (50% of 1,766) annual building permits with related CMPs. Revenues generated by this program are
estimated to be $127,000 in permit fees and $205,000 in fine revenues, for total annual revenues of
$332,000 and $1,660,000 over five years. However, if the program is successful, fine revenues should
decline over time. Expenses for the permitting, review, and analysis (Engineering Assistant III - (2) FTE) is
estimated at $172,000 (includes capital expense for vehicles in year one), annually and $692,000 over five
years. The expense for Code Enforcement (Code Compliance Officer- (2) FTE) is estimated at $160,000
(includes capital expense for vehicles in year one), annually and $632,000 over five years. This equates to
a total annual expense (Year One) of$332,000 and $1,324,000 over five years.
City Clerk's Office Legislative Tracking:
Saul Frances,extension 6483
Sign-Offs:
De•artm- • Direct', Assi,i,ant City Manager Cit Manager
1" L KGB Z1, h`T.
ENDA\2015\Januaryl4\Cons ructionParkingPlan`irstReadingJan142015.sum.docx
onii"kAAIDLCH AGENDA ITEM RS-C-
DATE 2-11--/S—
r
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMIS ION MEMORANDUM
TO: Mayor Philip Levine and Memberslof the City 4ommission
FROM: Jimmy L. Morales, City Manager 1
DATE: February 11, 2015 SE OND AND FINAL PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYO\oi AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, MENDING SUBPART A — GENERAL
ORDINANCES, CHAPTER 106 "TRAFFIC AND VEHICLES", AT ARTICLE II
ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN"; AND
CREATING SECTIONS 106-116 THROUGH 106-130; PROVIDING FOR
LEGISLATIVE INTENT; DEFINITIONS; CREATING A REQUIREMENT THAT
ALL CONTRACTORS PROVIDE TRAFFIC PLAN TO THE BUILDING AND
PARKING DEPARTMENT(S) PRIOR TO OBTAINING A BUILDING OR
GRADING AND SHORING PERMIT FOR ALL PROJECTS OVER A $250,000
CONSTRUCTION THRESHOLD; TO ENSURE THAT ALL EMPLOYEES,
CONTRACTORS, AND SUBCONTRACTORS ARE PART OF A TRAFFIC
MANAGEMENT AND PARKING PLAN FOR PARKING OF VEHICLES;
PROVIDING FOR PENALTIES, ENFORCEMENT PROCEDURES AND
APPEALS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE. [Sponsored by Commissioner Michael Grieco]
ADMINISTRATION RECOMMENDATION
•
The Administration recommends that the City Commission approve the attached Ordinance
at Second and final public hearing.
First Reading —January 14, 2015
On January 14, 2015, the Mayor and City Commission held the first reading of this proposed
ordinance and approved Alternative 2- Threshold Value of$250,000.
The City Attorney's Office and Administration, including representatives from the City
Manager's Office, Building Department, Code Compliance, Planning Department, and
Parking Department, met with the Construction Industry on January 7, 2015 and a second
industry meeting is scheduled for January 27, 2015. The results of which will be reported at
the second public hearing.
Additionally, provisions for enhanced accountability from the related developer and/or
development order, if applicable, has been included in the proposed ordinance.
As you know, there are areas of the city with concentrations of construction activity and
related construction employee vehicles parking for extended periods usurping parking
availability all day at on-street parking spaces and municipal parking lots. The
presence of these vehicles has caused reduced parking availability, vehicular traffic
congestion on commercial and residential streets, impedes the movement of traffic,
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code— Second Reading
Page 2 of 7
and unduly restricts access to patrons and visitors to commercial areas and residents and
their visitors to their homes.
On September 10, 2014, the Mayor and Commission approved Item No. C4I, entitled,
"Referral to Land Use and Planning Board regarding ordinance amendment to Chapter 106
relating to parking to require a parking plan during construction for commercial building
projects".
On December 10, 2014,the Land Use and Development Committee endorsed the proposed
ordinance and directed the Administration to further analyze the$100,000 construction value
threshold requiring a Construction Parking Plan and recommended the proposed ordinance
to the Mayor and City Commission.
ANALYSIS
Other communities with similar challenges, including Los Altos, and Pasadena, California,
have regulated construction parking and require a Construction Management Plan (CMP).
The requirement of a CMP is recommended in order to increase parking availability in
commercial and residential areas.
To this end,the City Attorney's Office and Administration, including representatives from the
City Manager's Office, Building Department, Code Compliance, Planning Department, and
Parking Department have collaborated and drafted a proposed ordinance requiring all
construction projects with a value of $100,000 or higher have an approved Construction
Management Plan (CMP) in order to obtain a building and/or grading and shoring permit.
Construction Management Plan (CMP)
In order to maintain a Building Permit and/or Grading and Shoring Permit, in good standing,
for all projects with a value to be determined (see analysis below), an approved CMP is
required. The CMP shall minimize construction employee vehicle parking impacts to the
surrounding neighborhood (commercial or residential) and adjacent properties and their
occupants. The CMP must:
• Reduce construction employee vehicle parking impacts related to the proposed
construction;
• Contain construction related parking to project site and areas approved by the City;
• Reduce construction noise impacts to the greatest extent technically and
economically feasible; and
• Minimize off-site dust and air quality impacts per best management practices.
Definitions:
The following words,terms and phrases,when used in this division,shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
• Commercial area means a contiguous or nearly contiguous area containing public
streets or parts thereof primarily abutted by commercial, or retail property.
Commercial area shall contain at least half a City block bordered by three public
streets, and, if there is an alleyway, also by the alleyway.
• Construction Employee Vehicle(CEV) means a motor vehicle operated in or parked
by an employee, or subcontractor of a construction contractor for extended periods
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code— Second Reading
Page 3 of 7
of the day, which result in an impact on the community as identified below as a
CEVPI.
• Construction Employee Vehicle Parking Impact(CEVPI) means:
➢ A condition whereby:
- Municipal (on and off-street) parking spaces are limited in quantities
and for extended periods of the day factually occupied Monday
through Saturday, of any month by construction employee,contractor
or subcontractor vehicles; and
- CEVs park on municipal on and off-street parking spaces, intended
for commercial or residential uses; or
➢ A condition whereby any number of construction related vehicles are being
driven into or left regularly in a commercial or residential area and the CEV
drivers are parking at those locations for purposes unrelated to commercial,
retail or residential uses.
• Residential areas means a contiguous or nearly contiguous area containing public
streets or parts thereof primarily abutted by residential property or residential and
nonbusiness property such as schools, parks, churches, hospitals, and nursing
homes. A residential area shall contain at least half a City block bordered by three
(3) public streets, and, if there is an alleyway, also by the alleyway.
Creation of Construction Management Plan (CMP):
In order to obtain or maintain a Building and/or Grading and Shoring Permit for all projects
with a value in excess of(value to be determined),the Contractor of record shall be required
to provide to the City a CMP. The Parking Director shall review the CMP. Failure to provide
the CMP, or obtain Parking Director approval of the CMP shall preclude the issuance of a
Building or Grading and Shoring Permit. The CMP shall minimize CEVPI to the surrounding
commercial or residential areas. The CMP must:
1. Reduce CEVPI related to the proposed construction;
2. Contain construction related parking within the project site, whenever
possible;
3. Document where the parking areas will be provided for the employees,
subcontractors, and contractors, if not on site; and
4. The contractor, owner of the property, and tenant are required to sign, under
oath, the proposed CMP, confirming their understanding of the plan,and the
penalties associated with non-compliance.
Requirements of CMP:
1. The CMP shall contain the following required elements to address the CEVPI:
a. A copy of the building permit application/processing number, that is
not expired, with the Building Department.
b. A system to minimize the effect of CEV parking in commercial and
residential neighborhoods.
•
c. Document the number of workers; identify by description and vehicle
license plate number all vehicles that will be present on the site
during various phases of construction;and indicate whether sufficient
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code— Second Reading
Page 4 of 7
privately owned/operated off-street parking will be provided. Provide
proof of such off-street private parking arrangements.
d. The construction contractor, owner/developer shall schedule a pre-
construction meeting with City staff after permit issuance, but prior to
start of work, to review CMP implementation.
2. The Construction Site Parking and Staging Plan shall provide the following
specific information:
a. All construction related parking (whether for employees, contractors,
subcontractors, suppliers, etc.) shall be located on-site where the
construction is to take place, or at an approved off-site locations, as
approved by City Staff. Swale, right-of-way, or parking metered
locations may be permitted, upon approval of the Parking Director,to
be used for loading, deliveries, and supplies. However, this
temporary authorization shall not be considered a proper parking
area for employees, subcontractors or contractors under the CMP.
b. Delineate the details as to the number of proposed vehicles; type of
vehicles accessing the construction site; identify the vehicles by year,
make, model, and Florida license plate number.
c. Identify where all on-site parking will be located (minimum 8.5'x18'
per stall) and how vehicles will enter and exit the construct site from
or the street.
d. If off-site parking is required to accommodate employee,
subcontractor or contractor parking needs, identify the off-site
location to be used and how the employees, subcontractors or
contractors will get to and from the construction site. Provide proof of
lease, exclusive use, etc. to the Parking Director as part of the CMP.
f. Identify any fencing around the construction site and all access
points. A site plan may be required
g. Identify material staging area(s).
h. Provide any other notes necessary to clarify the CMP, as may be
applicable.
Review and approval:
The CMP shall be reviewed and require the approval of the Parking Director.
Issuance of permit:
1. A CMP permit shall be issued upon approval of the CMP and payment of fees.
2. A CMP permit fee in the amount of $144 shall be assessed for each CMP and
related building permit.
3. Thereafter a building or a grading and shoring permit may issue. Failure to obtain
Parking Department authorization of a CMP permit shall preclude the issuance of
building permit.
Parking in designated areas:
1. Pursuant to the requirements of this section, contractors, subcontractors and
construction employees shall register and provide vehicle make, model,year, color,
and license plate to the Parking Department.
•
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code— Second Reading
Page 5 of 7
2. CEVs shall prominently display a parking permit for the corresponding parking
facility(ies) related to the building permit/construction project identified in the
underlying CMP. Such parking permit shall be displayed so as to be clearly visible to
the City's enforcement personnel.
3. CEVs found at any location other than those stipulated in the CMP shall be in
violation of this section
Enforcement:
(1) A City code inspector may issue a citation for a violation of this Chapter.
Enforcement shall be through Chapter 30 of the City's Code. A City Code Inspectors
means the code compliance officers, parking department employees, or any
authorized agent or employee of the City whose duty it is to assure code compliance.
(2) All violations of this chapter are civil infractions. Each violation of this chapter shall
constitute a separate offense.Violations of this chapter,will be punished as follows:
(a) For a first offense, a $5,000.00 fine issued to both contractor and property
owner/tenants.
(b) For a second offense a $10,000.00 fine issued to both contractor and
property owner/tenant.
(c) For a third offense, a$15,000.00 fine issued to both contractor and property
owner/tenant.
(d) For each additional/subsequent offense a one-day stop work order issued by
the City's Building Official.
(e) For purposes of this section, an offense shall be deemed to have occurred
on the date that the violation occurred.
(f) The failure of any person to pay the appropriate fine within the time allowed
or to appeal the violation shall constitute a waiver of the right to an
administrative hearing before the special master and fines may be accessed
accordingly.
(g) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall.constitute a lien upon any real or personal
property owned by the violator and it may be enforced in the same manner
as a court judgment by the sheriffs of this state, including levy against the
violator's personal property, but shall not be deemed to be a court judgment
except for enforcement purposes.After two months from the recording of any
such lien that which remains unpaid, the city may foreclose or otherwise
execute upon the lien.
Revocation of permits and other penalties:
Any Contractor, subcontractor, property owner or tenant who has obtained a valid citation
under section 106-123, and who has failed to pay the fine, and failed to cure the violation,
shall have the Building Permit revoked. Failure to comply shall subject such participant to
enforcement procedures by the City and may result in fines of up to an additional $500.00,
per day, and liens as provided by law.
Use of Funds:
All fines collected and all CMP fees collected shall be first utilized to fund administrative
expenditures of the City in administering the program, including Parking Department review,
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code— Second Reading
Page 6 of 7
Code Compliance Enforcement and Building Department Review. Any additional funds shall
be placed in the Fee in Lieu of Parking fund to assist the City in providing enhanced parking
facilities.
Appeals:
Appeals of a citation shall be pursuant to Chapter 30, before the City's Special Master. The
procedures relating to code compliance citations shall control the appeal period, notice
requirements, and rules relating to same.
Construction Value Thresholds:
The chart below illustrates the volume of building permits at varying construction value
thresholds issued in FY 2013/14. There were a total of 1,766 building permits which would
be applicable to the proposed ordinance, commencing with a $100,000 construction value
threshold (CVT). The $100,000 CVT includes residential projects which have sufficient
construction activities that adversely impact residential neighborhood parking. Please note
as the thresholds below increase in value,the quantities of residential projects transitions to
commercial projects.
BUILDING PERMIT CONSTRUCTION VALUES
(cumulative from $1M to$100K)
10/1/2013 to 09/30/2014
Month $100,000 $250,000 $500,000 $750,000 $1,000,000
Oct-13 80 32 22 19 14
Nov-13 63 30 15 11 11
Dec-13 44 17 10 8 5
Jan-14 63 33 26 21 14
Feb-14 46 22 10 8 7
Mar-14 66 32 17 10 5
Apr-14 80 45 33 27 16
May-14 86 51 30 23 17
Jun-14 58 29 20 11 7
Jul-14 113 41 28 22 14
Aug-14 70 39 13 6 5
Sep-14 66 21 12 12 10
Total 835 392 236 178 125
FISCAL IMPACT
The two (2) alternatives below are based on threshold levels for requiring a CMP and their
related fiscal impacts:
1. Alternative One -Threshold Value of$100,000+:
This analysis is based on permitting, including: processing, review, inspection, and
enforcement of 835 annual building permits with related CMPs.
Revenues generated by this program are estimated to be $120,000 in permit fees and
$205,000 in fine revenues, for total annual revenues of$325,000 and $1,625,000 over five
years. However, if the program is successful, fine revenues should decline over time.
Expenses for the permitting, review, and analysis (Engineering Assistant III - (2) FTE) is
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code—Second Reading
Page 7 of 7
estimated at $172,000 (includes capital expense for vehicles in year one), annually and
$692,000 over five years. The expense for Code Enforcement(Code Compliance Officer—
(2) FTE) is estimated at $160,000 (includes capital expense for vehicles in year one),
annually and$632,000 over five years. This equates to a total annual expense(Year One)of
$332,000 and $1,324,000 over five years.
2. Alternative Two -Threshold Value of$250,000+:
This analysis is based on permitting, including: processing, review, inspection, and
enforcement of 392 annual building permits with related CMPs.
Revenues generated by this program are estimated to be $56,500 in permit' fees and
$102,500 in fine revenues, for total annual revenues of$159,000 and $795,000 over five
years. However, if the program is successful, fine revenues should decline over time.
Expenses for the permitting, review, and analysis (Engineering Assistant III - (1) FTE) is
estimated at $86,000 (includes capital expense for vehicles in year one), annually and
$346,000 over five years. The expense for Code Enforcement(Code Compliance Officer—
(1) FTE) is estimated at$80,000(includes capital expense for vehicles in year one), annually
and $316,000 over five years. This equates to a total annual expense (Year One) of
$166,000 and $662,000 over five years.
CONCLUSION
In conclusion, the Administration recommends that the City Commission approve the
attached Ordinance at Second Reading, approve an amendment to Chapter 106, "Traffic
and Vehicles" at Article II, entitled "Metered Parking"; creating Division 3, entitled,
"Construction Parking and Traffic Management Plan"; providing for codification, repealer,
severability, and an effective date; and further recommend scheduling of a second and final
public hearing.
JLM/KGB/SF
T:\AGENDA\2015\January142015\ConstructionParkingPlanFirstReadingJan142015.cme.doc
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