161-1998 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
L.T.C. No. l6l-l998
LETTER TO COMMISSION
November 24, 1998
TO: Mayor Neisen o. Kasdin and
Members of the City Co mission
FROM: Sergio Rodriguez
City Manager
SUBJECT: PERMIT AND ENFORCEMENT PROCESS
FOR PROVISIONAL, TEMPORARY, AND
PERMANENT PARKING LOTS
Attached for your information is a memorandum from Assistant City Manager Mayra Diaz
Buttacavoli, regarding the permit and enforcement process for provisional, temporary, and
permanent parking lots for the City.
If you require further information, please do not hesitate to either contact me or Mayra Diaz
Buttacavoli.
SR:MDB:lcd
Attachment
c: Christina M. Cuervo
Janet Gavarrete
Richard Bender
Ronnie Singer
F:\CMGR\$ALL\L TC.98\PERMIT.PRO
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER
Interoffice Memorandum
m
To:
Sergio Rodriguez
City Manager
Date: October 7, 1998
From:
Mayra Diaz Buttacavoli~1LfJ. ~. __"'A_.J~.
Assistant City Manager ,,-- () ~
Subject: (REVISED) PERMIT AND ENFORCEMENT PROCESS
This memorandum reflects the revised Permit and Enforcement Process (originally submitted on
April 14, 1998) in accordance with the outcome from a meeting held on June 8, 1998 with, Dean
Grandin, AI Childress, Phil Azan, Leo Francis from Julio Grave de Peralta's office, James Scarberry,
Patricia Walker, Jackie Gonzalez, and myself. Please refer to attachments sent out with the first
memorandum. The revisions to this memo aret~~Qp~~. The following summarizes the process and
recommendations discussed at the aforementionedHmeeting and revisions thereafter:
A. Permit Process:
The City issues a building permit for the construction of:
. Provisional parking lot.
. Temporary parking lot.
. Permanent parking lot.
The applicant submits the design to the Planning Department for design review and zoning
approval. Once obtained, the applicant applies to the Building Department for a building
permit. The plans are reviewed and signed-off by the following, if applicable:
. Building Department-electrical and plumbing inspectors.
. ~gpl,qMl9t~~
. Florida Department of Transportation-if it affects a State road.
. Miami-Dade County-if it affects a County road.
1. Asphalt Paving - Building Permit Fee is $40.00 for the first 1,000 square feet and each
additional 1,000 square feet is $19.50.
2, Concrete Slab - $65.00 for the first 1,000 square feet and each additional 1,000 square
feet is $13.00.
All surrounding neighbors within 375 ft. of property will be notified by mail. Commercial
lots which are adjacent to a residential use or property and operate past midnight will require
a public hearing before the Planning Board for Conditional Use approval. This
recommendation is being considered by the Planning Board on April 24, 1998. The
1
requirements and time period for each of the above type lots is reflected in the Zoning Code,
Section 7. (See Attachment 1).
FLOW CHART ON PERMITTING PROCESS
I. Application for Building Permit
Building
Planning
Building
.
.
Application process begins
Applicant is notified to pay outstanding debts with the City at time of
Building Permit application
.
.
Approval of design
If necessary, Planning Board, Design Review, and Board of
Adjustment reviews design
.
.
.
Reviews internally together with Fire Dept./Fire Analyst
Issues permit
Certificate of Completion is issued
II. New Construction, Use or Certificate of Use (CU)
Finance
Parking, Code, Police, Building (if necessary) for review simultaneously
Finance
CU and Occupational License
Collect past due amounts.
III. Existing construction, New Certificate of Use
Finance
Planning
Conditional Use (Planning Board)
Zoning Approval (will do inspection)
Parking, Code, Police, Fire, Public Works
Finance
CU and Occupational License
Collect past due amounts.
2
IV. Existing construction and Certificate of Use, Renewal of Occupational License
Finance
Parking, Police, Code - review for previous violation and complaints.
Finance
Occupational License
Collect past due amounts.
Planning Board approval is required if the new Certificate of Use represents a change in the nature
of the parking lot, e.g. converting valet to self-park, accessory to commercial, or vice versa.
However, Conditional Use approval by Planning Board may not be required for a change of
operator, which is left to the discretion of the Planning and Zoning Director. The Director is to base
his/her decision on the operational record of the previous lot operator, per Commission adoption of
the Ordinance amendment on first reading in May 1998.
B. The City issues a Certificate of Use (CU).
The CU is issued one time per applicant. Change of applicant or use triggers a CU to be
applied for again. The applicant submits an application to the Licensing Division of the
Finance Department on the first floor. (See Attachment 2). The application currently is
submitted to the Planning Department for its review and a determination that the proposed
use is a permitted use within the zoning. Upon their approval and recommendation, the
Licensing Division issues the CU to the applicant. The CU is not transferable and it is
considered the first step in the process of obtaining an Occupational License. The cost of the
CU is $52.50 and currently takes three to ten working days from the time the applicant
submits the application to the time the Licensing Division issues the CD.
1. The following recommendations should be mandatory for all parking lots:
a. CU review be expanded to other departments who may have input as to
whether the use should be permitted or not. The departments recommended
to be included in this review are: Building, Fire, Parking and Code
Compliance.
b. Hours of operations for business should be stated in the CD. This will allow
for the departments to determine if the hours of operation are going to be in
conflict with adjacent property owners and use. (Finance) Include a specific
type of business, i.e., valet, self, or mix.
c. It is recommended that commercial lots which are adjacent to a residential
use or property and operate past midnight will require a public hearing before
the Planning Board for Conditional Use approval.
d. Code and Police will inspect on a regular basis and if violations occur, the
occupational license can be suspended. Assistance from off-duty.
e. Compliance with valet code of conduct.
3
2. The following recommendations should be considered for all parking lots at time of
review, but may not be mandatory in all cases:
a. Commercial lots adjacent to a residential use or property should not be
allowed to enter or exit the commercial property through the alley.
b. Commercial lots adjacent to a residential use or property should be paved to
minimize the noise and dust to the neighboring residents.
c. Operators of commercial lots adjacent to a residential use or property
operating after past midnight should hire off-duty police officers from 11 :00
p.m. to 5:30 a.m., to assure compliance with applicable laws and code of
conduct for valets.
3. The Zoning Code allows for a lot to operate as a temporary lot for three (3) years
with a two (2) year extension. The attached City map and schedule reflects the
provisional and temporary lots in the South Beach area and the expiration period.
(See Attachment 3). It is my recommendation that you consider proposing an
amendment to Section 7 of the Zoning Code, further extending the life of a
temporary lot to five (5) years with one (1) year extensions for up to ten (10) years.
C. Occupational License:
Upon approval of the CU, the applicant submits an application for a Occupational License
at the Licensing Division of the Finance Department. (See Attachment 4). The Licensing
Division will issue the Occupational License and will ensure that any amounts due to the
City by the applicant are paid prior to issuance of the license.
A fee for Occupational License per year from 10/1 /19XX - 9/3 0/19XX of:
$190.00 for mixed use parking lot Occupation Code 95014507; or,
$190.00 for provisional parking lot Occupation Code 95014502; and/or,
$190.00 for self-parking lot Occupational Code 95014506; and/or,
$190.00 for valet only Occupational Code 95014505.
D. Enforcement Process:
If a noise complaint is received on the property that is operating as a commercial use
adjacent to a residential use or property, the recommended process for addressing the
complaint is as follows:
1. A complaint is registered by the complainant with Police dispatch.
A Code Compliance officer is dispatched and if a violation exists a
notice of violation will be issued noting a compliance period. Upon
receipt of the complaint, and an issuance of the third notice of
violation within a given year, the Code Compliance Director will
determine if the seriousness of the violation constitutes a basis for
suspension of the Occupational License and CD by the City Manager.
4
2. Code Compliance will forward the case to the City Manager for his
consideration. If the City Manager approves the suspension, a notice
of suspension of the CD and Occupational License to the violator will
be issued.
3. The violator can request an appeal hearing before the Special Master.
The Special Master will determine if the suspension of the license
and CD is warranted.
4. When a CD is suspended or revoked for a specific property that
specific use will no longer be permitted on that property, even if
application is made by a different operator.
I hope that this clarifies the process that is currently followed and request that you consider the
recommended changes.
MDBlcd
Attachment
Janet Gavarette
Harry Mavrogenes
Ronnie Singer
Dean Grandin
Julio Grave de Peralta
A! Childress
Phil Azan
Patricia Walker
Jackie Gonzalez
Richard Barreto
James Scarbeny
Luis Garcia
F:ICMGRILCDlIMDBlMEMOSIPKGLOTI,PER
5