HomeMy WebLinkAboutOrdinance 2021-4451 Chapter 106—Space Removal Fees for Affordable Housing
ORDINANCE NO: 2021-4451
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED
"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED
"METERED PARKING," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY' BY AMENDING SECTION 106-55, ENTITLED
"PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS," TO
AMEND THE FEE FOR THE PERMANENT REMOVAL OF ON-
STREET PARKING SPACES WHEN SUCH REMOVAL IS
ASSOCIATED WITH AFFORDABLE HOUSING DEVELOPMENT;
AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, incentivizing the construction of new affordable housing projects is in the best
interest of the City; and
WHEREAS, the Mayor and City Commission now desire to reduce the fees associated
with the removal of on-street parking spaces associated with affordable housing projects; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," Division 1,
"Generally," Section 106-55, "Parking rates, fees, and penalties; exceptions" of the Code o the
City of Miami Beach, Florida, is hereby amended as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE 11. —METERED PARKING
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DIVISION 1. — GENERALLY
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Sec. 106-55. Parking rates, fees, and penalties; exceptions.
* * w
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(h) Parking space removal.
(1) Temporary parking meter removal: The city may provide for the temporary removal of
parking meters to accommodate construction and other limited needs. The fee for the
removal of any post shall be $50.00 per space. The cost for reinstallation of the post
shall be $50.00 per space. Space removal and replacement shall be paid to the parking
department in advance at a rate of $100.00 per space. Additionally, the applicable
bagged space rental rate shall be assessed on a per space, per day basis, payable in
advance, until such time as the parking post is reinstalled.
(2) Private requests for permanent parking space or loading zone removal prohibited:
Private requests for permanent parking space or loading zone removal shall onlylbe
allowed for the purpose of creating access to an off-street parking facility or other
vehicular access to the property. Private requests for the permanent removal of a
parking space or loading zone for any other reason shall be prohibited. When permitted,
the fee for the private permanent removal of a parking space or loading zone shall be
the same rate as the fee in lieu of required parking, or$40,000.00 per space, whichever
is greater, except for the following:
a. that sSingle family uses seeking to provide access to off-street parking shall be
exempt from paying this fee for the removal of one parking space.
b. Housingfor or low and/or moderate income non-elderly and elderly persons pursuant
to the requirements of chapter 58 of the City Code, and certified by the Housing and
Community Services Department, shall be exempt from paving this fee for the removal
of up to two (2) parking spaces. If more than two (2) parking spaces are proposed to
be removed for the types of development identified in this paragraph, the City
Commission may, by resolution,waive the one-time removal fee for up to five(5) parking
spaces.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word 'ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid., the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect this day of , 2021.
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PASSED and ADOPTED this a1 day of 0'4 ev , 2021.
ATTEST: XC2_z'��� I
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Gongora)
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 27, 2021
5:03 p.m. Second Reading Public Hearing
SUBJECT: CHAPTER 106 - SPACE REMOVAL FEES FOR AFFORDABLE HOUSING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BYAMENDING CHAPTER 106, ENTITLED "TRAFFIC AND
VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SECTION 106-55, ENTITLED "PARKING RATES, FEES, AND
PENALTIES; EXCEPTIONS," TO AMEND THE FEE FOR THE PERMANENT
REMOVAL OF ON-STREET PARKING SPACES WHEN SUCH REMOVAL IS
ASSOCIATED WITH AFFORDABLE HOUSING DEVELOPMENT; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND/HISTORY
HISTORY
On June 23, 2021, at the request of Commissioner Michael Gongora, the City Commission
referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to
an amendment to Chapter 106 of the City Code to provide for a limited waiver of the permanent
removal fee for on-street parking spaces for affordable housing development (C4F). On
September 14, 2021 the LUSC endorsed the recommendation of the Administration and
recommended that the City Commission approve an amendment to Chapter 106 of the City
Code to allow for the limited removal of on street parking spaces without paying a one-time fee,
for affordable housing projects.
BACKGROUND
The Parking Department operates as an enterprise fund and the revenue collected is necessary
to build and maintain parking facilities, as well as to sustain operations. Furthermore, parking
revenues are critical to the Department's credit ratings and are pledged as collateral for parking
bonds.
Whenever an on-street parking space is proposed to be removed, for example in order to
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provide driveway access (curb cut) to private property, the payment of a one-time fee of
$40,000 per removed space, is required. The parking revenue loss due to the removal of these
on-street spaces is offset by this one-time fee.
ANALYSIS
ANALYSIS
The proposed amendment would provide for a limited waiver of the permanent space removal
fee for on-street parking spaces when such removal is requested in connection with affordable
housing development. These projects are most often located in residential areas, which are not
metered. Additionally, the number of requests for the removal of on-street parking spaces to
accommodate driveway access to an affordable housing project is not expected to be
significant, both now and in the foreseeable future.
Typically, only 1 to 2 on street spaces are required to be removed for a development project,
and over the last few years we have only seen a few affordable housing projects. The $40,000
per removed space fee is a fairly large sum for a small affordable housing project, such as the
ones that were recently approved on Normandy Isle. Further, the loss of the limited number of
on street spaces is mitigated 10 times over by the inclusion of parking spaces on the property.
As part of the Ordinance amendment to Chapter 106, the Administration recommended the
following, which was endorsed by the LUSC:
- Housing for low and/or moderate income non-elderly and elderly persons pursuant to the
requirements of chapter 58 of the City Code and certified by the Housing and Community
Services Department, shall be exempt from paying the one-time fee for the removal of up to two
parking spaces.
- If more than 2 parking spaces are proposed to be removed, the City Commission by
Resolution, may waive the one-time removal fee for up to 5 parking spaces.
The attached draft Ordinance incorporates both of these provisions.
UPDATE
The subject Ordinance was approved at First Reading on October 13, 2021, with no changes.
SUPPORTING SURVEY DATA
Increase Affordable Housing Citywide
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
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Legislative Tracking
Planning
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
o Ordinance
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