R5O-Single Family Parking Space Removal -Steinberg-lntended Outcome Su
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the Citv to reoulate development is "about the riqht amount."
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment for the removal of the required fee when
removing an on-street parking space for a single family use.
AGENDA rrem R5O
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance would eliminate the $35,000 fee required for the removal of a parking space,
in order to accommodate driveway and parking access for single family uses.
On April 23, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for May 21,2014.
The Administration recommends that the City Commission adopt the Ordinance.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Clerk's Office islative Tracki
Thomas Mooney
T:\AGENDA\2014\May\Single Family Paking Fee - SUM 2nd Read.
E MIAMIBEACH DATE
483
g MIAMI BEACH
City of Miomi Beoch, I 700 Convention Center Drive, Mioml Beoch, F orido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: May 21 ,2014
SUBJECT: Single Family Parking Fee Rem
D READING PUBLIC HEARING
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE C]TY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND
VEHICLES," ARTICLE II, "METERED PARKING," DIVISION 1,.,GENERALLY," SECTION 106.55, "PARKING RATES, FEES AND
PENALTIES," TO MODIFY ON-STREET PARKING SPACE REMOVAL
REQUIREMENTS FOR SINGLE FAMILY USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On March 5, 2014, at the request of Commissioner Micky Steinberg, the City
Commission referred a potential change to Section 106-55 (h) of the City Code to the
Land Use and Development Committee. Specifically, the Commission is seeking input
from the Committee on whether single family uses should be exempt from the fee
required to remove existing, on-street parking spaces, in order to provide parking on the
property.
ANALYSIS
Pursuant to Section 106-55(h)(2) of the City Code, requests by property owners to
remove an adjacent, on-street parking space are permitted, provided such request is for
the purpose of creating access to an off-slreet parking space on the property.
Additionally a fee of $35,000 per removed on-street space is set forth in this subsection.
Recently, the owner of a single family home within the Espanola Way Local Historic
District was seeking approval to have an existing, on-street space removed, in order to
access an original drive-way on the property. However, because the code, as currently
written, does not provide any exemptions for single family home owners, the Parking
Department had no legal avenue to waive the required $35,000 fee.
The subject fee, while typically not problematic for commercial and multi-family
development projects, does present a hardship for single family property owners,
particularly those home owners restoring smaller homes, on smaller lots. The
Administration believes that creating an exemption to the current fee for single family
uses would make sense, as there would be no net decrease in the number of available
City
484
Commission Memorandum
Single Family Parking Fee Removal
May 21, 2014 Page 2 of 2
parking spaces for the larger area. Additionally, it would eliminate an excessive and
onerous cost for providing 1 or more dedicated parking spaces on an existing single
family property.
FISCAL IMPACT
ln accordance with Cha(er 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. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
On April 9, 2014, the Land Use Committee endorsed the proposed Ordinance and
referred it to the City Commission. On April 23, 2014 the subject Ordinance was
approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
raJLV9(J/rRM
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485
Single Family Parking Space Removal
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 106, "TRAFFIC AND VEHICLES," ARTICLE II,
"METERED PARKING," DIVISION 1, "GENERALLY," SECTION 106-
55, "PARKING RATES, FEES AND PENALTIES," TO MODIFY ON-
STREET PARKING SPACE REMOVAL REQUIREMENTS FOR SINGLE
FAMILY USES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for the removal of on-street
parking spaces; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to the fees paid by single family uses for the removal of existing on-street
parking spaces; and
WHEREAS, the amendment set forth below is 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:
SECTION 1. That Chapter 106, entitled "Traffic
"Metered Parking," Division 1 entitled "Generally",
Beach, Florida is hereby amended as follows:
Sec. 105-55. Parking rates, fees, and penalties.
and Vehicles," Artlcle ll entitled
of the Code of the City of Miami
(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 only be
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
parklng 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 $35,000.00 per space, whichever
is greater, except that sinqle familv uses seekino to provide access to off-street oarkino
shall be exemot from oavinq this fee for the removal of one soace.
486
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.
SECTION4. SEVERABILITY.
lf 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.
Thls Ordinance shall take effect ten days followlng adoption.
PASSED and ADOPTED this day of 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
CUTION
First Reading:
Second Reading:
April23,2014
May 21,2014
fi Ao1\|oFoREXE._)L_ \-;.t-"-- b \+
Citv Attornev ft
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
Strikethreugh = deleted language
T:!AGENDA\2014\May\Slngle Family Parking Fee - ORD 2nd Read.docx
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