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2016-3988 Ordinance Electric Vehicle Parking ORDINANCE NO. 2016-3988 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," BY CREATING SECTION 130-39, ENTITLED "ELECTRIC VEHICLE PARKING REQUIREMENTS," TO PROVIDE MINIMUM REQUIREMENTS FOR ELECTRIC VEHICLE PARKING SPACES AND CHARGING STATIONS; AMENDING ARTICLE III, "DESIGN STANDARDS," BY CREATING SECTION 130-72, ENTITLED "ELECTRIC VEHICLE PARKING SPACE STANDARDS," TO ESTABLISH DESIGN STANDARDS FOR ELECTRIC VEHICLE PARKING SPACES; AND AMENDING ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," SECTION 130-132, ENTITLED "FEE CALCULATION," TO ESTABLISH AN ADDITIONAL FEE IN LIEU OF PARKING FOR ELECTRIC VEHICLE PARKING SPACES, AND AMENDING SECTION 130-134, "DEPOSIT OF FUNDS; ACCOUNT," TO PROVIDE THAT FUNDS GENERATED BY THE ADDITIONAL FEE IN LIEU OF PARKING FOR ELECTRIC VEHICLE PARKING SPACES SHALL BE DEPOSITED IN THE CITY'S SUSTAINABILITY AND RESILIENCY FUND; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce pollutants in the air, on the lands, and in the waters of the City; and WHEREAS, greenhouse gas ("GHG") emissions from gasoline and diesel powered vehicles trap heat in the atmosphere and contribute to the warming of the Earth; and WHEREAS, greenhouse gas emissions also contribute to sea level rise, which is a growing and imminent threat to the health, safety, and welfare of residents, visitors, and businesses in Miami Beach; and WHEREAS, the City has endorsed the pledge in the Compact of Mayors to reduce GHG emissions at the City-level, track progress, and enhance resilience to climate change, in a manner that is consistent with and complimentary to national level climate protection efforts; and WHEREAS, to meet the requirements of the pledge in the Compact of Mayors, the City shall build and complete a community-wide GHG inventory with a breakdown of emissions for buildings and transport sectors, set a target to reduce its GHG emissions, and conduct a climate change vulnerability assessment; and WHEREAS, electric vehicles generate reduced greenhouse gas emissions as compared to gasoline and diesel powered vehicles; and WHEREAS, Chapter 130, entitled "Off-Street Parking," at Article II, "Districts; Requirements," sets forth the minimum requirements for off-street parking spaces; and WHEREAS, Chapter 130, entitled "Off-Street Parking," at Article V, "Fee in Lieu of Parking Program," requires developers, property owners, and/or operators to pay a fee when new developments or uses are not able to provide required off-street parking; and WHEREAS, the Mayor and City Commission desire to encourage electric vehicle use, in order to reduce greenhouse gas emissions, by requiring off-street parking facilities to provide electric vehicle parking spaces and charging stations; and WHEREAS, where it is not feasible to provide electric vehicle parking spaces, the Mayor and City Commission desire to require a fee in lieu of electric vehicle parking of$8,000 per space, in addition to the existing fee in lieu of parking, which is currently set at $40,000 per space; and WHEREAS, funds generated from the fee in lieu of electric vehicle parking shall be deposited in the City's Sustainability and Resiliency Fund, which funds shall be used to provide public improvements that increase the sustainability and resiliency of the City; and WHEREAS, the amendment set forth below is necessary to accomplish the objectives identified above. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SECTION 1. The City of Miami Beach Land Development Regulations, at Chapter 130, "Off- Street Parking,"Article II, "Districts; Requirements," are hereby amended as follows: CHAPTER 130 OFF-STREET PARKING ARTICLE II. — DISTRICTS; REQUIREMENTS * * * Sec. 130-39. — Electric vehicle parking. Laj Definitions. (1) Electric vehicle means any motor vehicle registered to operate on public roadways that operates either partially or exclusively on electric energy. Electric vehicles include (1) battery-powered electric vehicles; (2) plug-in hybrid electric vehicles; (3) electric motorcycles; and (4) a fuel cell vehicle. (2) Electric vehicle charging level means the standardized indicator of electrical force, or voltage, at which the battery of an electric vehicle is recharged. a. Level 1 transfers 120 volts (1.4-1.9 kW) of electricity to an electric vehicle battery. b. Level 2 transfers 240 volts (up to 19.2 kW) of electricity to an electric vehicle battery. c. DC fast charging transfers a high voltage (typically 400-500 volts or 32-100 kW, depending on the electrical current) of direct current to vehicle batteries. (3) Electric vehicle parking space means an off-street parking space that is equipped with an electric vehicle charging station. (4) Electric vehicle charging station means battery charging equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. (b) Except in single-family residential districts, wherever off-street parking is required pursuant to the land development regulations, a minimum of two percent (2%) of the required off- street parking spaces, with a minimum of one (1) parking space, shall contain electric vehicle parking spaces, in accordance with the following standards: (1) In commercial zoning districts, where 20 or more off-street parking spaces are required by the land development regulations, all electric vehicle parking spaces shall be reserved for the exclusive use of electric vehicles. (2) In commercial and residential multifamily zoning districts, electric vehicle parking paces shall, at a minimum, be equipped with an electric vehicle charging station rated at electric vehicle charging level 2. (3) For residential uses, electric vehicle charging stations shall be limited to the use of building residents and their invited guests. Any residential multifamily or hotel development with 20 or more units shall install and provide access to electrical power supply rated at 240 volts or greater, in all off-street parking facilities, to allow for the installation of additional electric vehicle parking spaces in the future for the exclusive use of residents,_guests, invitees, and employees. SECTION 2. The City of Miami Beach Land Development Regulations, at Chapter 130, "Off- Street Parking,"Article III, entitled "Design Standards," are hereby amended as follows: ARTICLE III. - DESIGN STANDARDS Sec. 130-72. - Electric vehicle parking space standards. Electric vehicle parking spaces and charging stations required pursuant to section 130- 39 shall meet the following design standards, in addition to all other design standards set forth in this article: Electric vehicle parking spaces shall be painted green, or shall be marked by green painted lines or curbs. j Each electric vehicle parking space shall be marked by a sign designating the parking space as an electric vehicle parking space, in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration. (3) Each electric vehicle charging station shall be equipped with a sign that includes the following information: (i) voltage and amperage levels, (ii) any applicable usage fees, (iii) safety information, and (iv) contact information for the owner of the charging station, to allow a consumer to report issues relating to the charging station. Electric vehicle charging stations shall contain a retraction device, coiled cord, or a fixture to hang cords and connectors above the ground surface. Electric vehicle charging stations shall be screened from view from the right of way, with the exception of alleys. 01 Electric vehicle charging stations shall be maintained in good condition, appearance, and repair. SECTION 3. The City of Miami Beach Land Development Regulations, at Chapter 130, "Off- Street Parking," Article V, "Fee in Lieu of Parking Program," are 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$40,000.00 per parking space. In addition to the fee in lieu of parking, a fee in lieu of electric vehicle parking of $8,000 shall apply to each required electric vehicle parking space not provided. The amount of such fee may be changed in accordance with subsection (d) of this section. * * * (b) Annual evaluation. The amount determined to be the city's total average cost for land acquisition and construction of one parking space, and the purchase and installation of an electric vehicle parking station, shall be evaluated yearly each May by the planning director based upon the Consumer Price Index (CPI). If determined appropriate, the city commission may amend the fee structure in this section by resolution. * * * Sec. 130-134. - Deposit of funds; account. (a) Funds generated by the fee-in-lieu program pursuant to subsections 130-132(a) and (b) above, collected prior to March 20, 2010, 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. Funds generated by the fee in lieu of electric vehicle parking shall be deposited into the Sustainability and Resiliency Fund established in chapter 133 of the land development regulations. Expenditures from these funds shall require city commission approval. SECTION 4. 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 5. REPEALER. All ordinances or part of ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on April 1, 2016 following adoption. PASSED and ADOPTED this /3 day of 7 , 2016. . y �Grt`t4 r. r� / / J � '���„w��, Philip Levin- �?y�or 0 ATTEST: g ,.� / t” �P.� APPROVED AS TO Rafael E. Grana o, City Jerk ' FORM & LANGUAGE '1'' &FO XECUTION First Reading: December 9, 2015 ; w ' :INCORP ORATED: lib Z Vt C5 Second Reading: nuary 13, 201• , ,i- - �i .7.r' City Attorney Dote Verified by: ,A kph 26 )\ ■ Thomas R. Moon , AICP Planning Director Underscore denotes new language denotes deleted language (Sponsored by Commissioner Micky Steinberg) T:\AGENDA\2016\January\Planning\EV Parking-Second Reading ORD.docx COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 130 of the Land Development Regulations of the City Code to provide minimum standards and requirements for electric vehicle charging stations. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Supporting Data (Surveys, Environmental Scan,etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summa /Recommendation: SECOND READING-PUBLIC HEARING The subject Ordinance would add standards, procedures and requirements for electric vehicle charging stations. On July 29, 2015, the Land Use and Development Committee recommended in favor of the ordinance and that the City Commission refer the attached Ordinance Amendment to the Planning Board. On September 2, 2015, the City Commission referred the item to the Planning Board (Item C4D). On December 9, 2015, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; 2) approved the attached Ordinance at First Reading; and 3) scheduled a Second Reading Public Hearing for January 13, 2016. The Administration recommends that the City Commission adopt the attached Ordinance. Advisory Board Recommendation: On November 24, 2015, the Planning Board reviewed the proposed Ordinance and transmitted it to the City Commission with a favorable recommendation (Vote of 6-0). Financial Information: Source of Amount Account Funds: 1 2 3 ()BPI Total Financial Impact Summary: 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 will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: partment irec As-s . City Manager ly Manager .4r � T:\AGENDA\2016\January\Planning\EV Parking-Second Reading SUM.docx MIAMI B AGENDA'ITEM DATE ., ►-1;'Ira MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COM ISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co mission FROM: Jimmy L. Morales, City Manager DATE: January 13, 2016 ECOND READING — PUBLIC HEARING SUBJECT: Ordinance Amendment— Electric ehicle Parking AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," BY CREATING SECTION 130-39, ENTITLED "ELECTRIC VEHICLE PARKING REQUIREMENTS," TO PROVIDE MINIMUM REQUIREMENTS FOR ELECTRIC VEHICLE PARKING SPACES AND CHARGING STATIONS; AMENDING ARTICLE III, "DESIGN STANDARDS," BY CREATING SECTION 130-72, ENTITLED "ELECTRIC VEHICLE PARKING SPACE STANDARDS," TO ESTABLISH DESIGN STANDARDS FOR ELECTRIC VEHICLE PARKING SPACES; AND AMENDING ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," SECTION 130-132, ENTITLED "FEE CALCULATION," TO ESTABLISH AN ADDITIONAL FEE IN LIEU OF PARKING FOR ELECTRIC VEHICLE PARKING SPACES, AND SECTION 130-134, ENTITLED "DEPOSIT OF FUNDS; ACCOUNT," TO PROVIDE THAT FUNDS GENERATED BY THE ADDITIONAL FEE IN LIEU OF PARKING FOR ELECTRIC VEHICLE PARKING SPACES SHALL BE DEPOSITED IN THE CITY'S SUSTAINABILITY AND RESILIENCY FUND; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached Ordinance. BACKGROUND On January 14, 2015, at the request of Commissioner Micky Steinberg, the City Commission referred the item for discussion to the Land Use and Development Committee (Item C4I). On March 3, 2015 the Land Use and Development Committee recommended that the City Commission refer an Ordinance to the Planning Board to amend the City Code to establish electric vehicle parking requirements for new development. Commission Memorandum Ordinance Amendments—Electric Vehicle Parking January 13, 2016 Page 2 of 3 On July 8, 2015, while discussing an item to approve a Request for Proposals extending the City's Electric Vehicle Charging Station Network (Item C2B), at the request of Commissioner Micky Steinberg, the City Commission referred the attached Ordinance to the Sustainability and Resiliency Committee and the Land Use and Development Committee. On July 22, 2015, the Sustainability and Resiliency Committee discussed the item. On July 29, 2015, the Land Use and Development Committee discussed the item and recommended that the City Commission refer the attached Ordinance Amendment to the Planning Board, with a modification to establish a minimum applicability requirement. On September 2, 2015, the City Commission referred the item to the Planning Board (Item C4D). ANALYSIS The availability of strategically placed charging stations throughout the City promotes the use of electric vehicles by making them convenient and readily available. Benefits to the City from increased electric vehicle (EV) use include improved air quality, quieter and more livable streets, and decreased dependency on fossil fuels. However, one of the inherent challenges for this technology to gain mainstream acceptance is analogous to the "chicken or the egg" conundrum. If EV charging stations are not readily available, the driving public is hesitant to invest in an EV due to "range anxiety" resulting in trips that are in close proximity to only known EV charging stations points. The expansion of EV charging stations is necessary in order to establish a network of stations that will allow this technology to flourish. The City Commission asked staff to provide research for the discussion regarding EV stations in future development projects for residential and commercial properties. The analysis below describes programs that include incentivizing existing commercial and residential properties to add EV stations, and requiring new developments to provide EV stations. Electric Vehicle Program New Developments Per the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system, projects are eligible to earn a LEED credit for incorporating EV charging stations into their design. This credit is awarded when projects install EV supply equipment in 2% of all parking spaces used by the project. These parking spots would be clearly identified and reserved for the sole use of plug-in electric vehicles. It is suggested that the City use the LEED credit requisites as a baseline for requiring new development to provide EV parking spaces. To implement this requirement, the City must amend the off-street parking section of the Land Development Regulations to include these provisions. The proposed Ordinance requires new non-single family development to provide 2% of the required parking, with a minimum of one space for EV parking. However, since small business and residential buildings may have difficulties in providing sufficient parking for customers and residents, the proposed Ordinance only requires that those spaces be set aside in commercial districts for the exclusive use of electric vehicles when 20 or more parking spaces are required pursuant to the Land Development Regulations. When a development is not providing parking as a result of participation in the "fee in lieu of providing required parking program", an additional $8,000 will be charged for those spaces that were required to provide EV charging stations. This fee is based on the average cost of an EV Commission Memorandum Ordinance Amendments—Electric Vehicle Parking January 13, 2016 Page 3 of 3 charging station. The revenue is proposed to be deposited into the "Sustainability and Resiliency 9 9 Fund" that is being established in a separate Ordinance amendment. In 2014, the Town of Surfside passed an ordinance that requires all new multifamily or hotel development with 20 or more units shall provide access to 240 volt capability throughout the garage to offer charging opportunities to residents and guests. Their ordinance does not require the installation of stations only the installation of the required electrical infrastructure throughout the entire garage, which will allow properties to connect EV charging in the future. The proposed ordinance includes similar requirements. This will allow for electric vehicle charging stations to be installed throughout the parking area as the demand increases. The Commission awarded an RFP on October 14, 2015 to place EV charging stations in City lots and garages. Currently the City is on a month to month contract with the same service provider (only one proposal was submitted). Existing Commercial and Residential Properties There are a number of existing properties in Miami Beach that provide EV stations for their customers such as the Fontainebleau Hotel, Miami Beach Marina, and Whole Foods Market. These properties benefit from attracting individuals with EVs and generating a small amount of revenue associated with EV station use. The City could further incentivize existing commercial and residential properties to add EV parking by reducing their off-street parking requirements. To move forward, the City must amend the off-street parking section of the Land Development Regulations to reflect this change. Should the City Commission wish to consider such incentives, a separate referral would be required. PLANNING BOARD REVIEW On November 24, 2015, the Planning Board transmitted the proposed ordinance amendment to the City Commission with a favorable recommendation. 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 City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. UPDATE On December 9, 2015, the City Commission approved the subject ordinance at First Reading. In order to further incentive providing electric vehicle spaces, the City Commission modified the ordinance by increasing the fee in lieu of electric vehicle parking from $2,000 to $8,000 for each parking space not provided. This modification has been included in the revised text of the attached ordinance. CONCLUSION The Administration recommends that the City Commission adopt the attached Ordinance. 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