C4H-Ref- Planning Board And LUDC - Parking Plan For Construction Workers Ord -Gl?'15.2015
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Commissioners
FROM: Commissioner Michael Grieco
DATE: February 11,2015
SUBJECT: Referral To The Planning Board And Land Use And Development
Gommittee On A Companion ltem to the Parking Plan For Construction Workers
Ordinance
Second Reading of the construction parking plan ordinance is scheduled for the
Commission meeting of February 11,2015, at agenda item RSC. A companion item is
being proposed, to ensure that the fines and penalties received under that ordinance
(RsC), would be designated to be deposited and tracked under the Fee ln Lieu of
Parking Program, so that any funds collected could be used towards traffic and parking
mitigation. Further, the Code is proposed to be amended to require the Parking Plan for
Construction Workers to ensure that the plan is submitted and reviewed as part of the
Building Permit process.
A copy of the draft ordinance is included for your reference. I ask that this item be
referred to both the Planning Board and the Land Use and Development Committee.
historic commLtnilv
Agenda ltem CV4--
oate 7y'k/f
We are commifled to providing excellent public service ond sofetV to oll who live, wcrk, ond plcy in our vibronf , t'ropicol
103
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION II4-4
ENTITLED *COMPLIANCE WITH REGULATIONS REQUIRED;"
CREATING SUBSECTION (I2) PROVIDING THAT NO BUILDING
PERMIT OR BOARD ORDER SHALL BE ISSUED FOR ANY LOT OR
SITE WITH A BUILDING PERMIT VALUED AT $250,000 OR MORE
WITHOUT A CONSTRUCTION PARKING AND TRAFFIC
MANAGEMENT PLAN (CPTMP) APPROVED BY THE PARIilNG
DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE II, DIVISION 3,
ENTITLED "CONSTRUCTION MANAGEMENT PLAN,,; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED *FEE IN LIEU
oF PARKING', BY AMENDING SECTTON 130-134, ENTITLED*DEPOSIT OF FUNDS/ACCOUNT,,; BY AUTIIORIZING THE
PLACEMENT OF THE FINES OR PENALTIES COLLECTED FROM
ENFORCEMENT OF CHAPTER 106 CPTMP,INTO THIS ACCOUNT TO
BE UTILIZED FOR THE PURPOSES PROVIDED THEREIN;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WIIEREAS, 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
WIIEREAS, that the conditions and impacts mentioned above reduces parking
availability and creates blighted or deteriorated residential areas; and
WHEREAS, the City has established under Chapter 106 of the Code, at Article II,
Division 3, 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 ofchildren and other pedestrians; and
WHEREAS, to ensure that no building permit issues or development order proceeds
without the required Construction Management Plan, for those premises seeking a permit valued
104
over $250,000, Chapter ll4, of the Land Development Regulations is being amended to reflect
the requirement of having a Construction Management Plan, as a condition precedent to
obtaining the applicable permits; and
WHEREAS, the fines or penalties received pursuant to a violation of Chapter 106,
Article II, Division 3, shall be accounted for and placed in the fee in lieu of parking fund,
designated as funds derived from Chapter 106 enforcement, and used as provided under Chapter
130, Article V; and
WHEREAS, the proposed modification to Chapter ll4 and Chapter 130 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 114, "General Provisions," at Section lt4-4, entitled "Compliance with
Regulations Required;" and Chapter 130, "Off Street Parking" at Article V, entitled "Fee in Lieu
of Providing Parking" are hereby amended as follows:
***
CHAPTER tr4 -."rTrYL PRovrsroNs
Section ll4-4 Compliance with Regulations Required.
Except as provided in these land development regulations:
**r.
(11) No building permit shall be issued for any lot or site that does not meet the
requirements of the definition of lot as stated in this subpart.
(12) No building permit or board order shall be issued for any lot or site with a
buildine permit valued at $250.000 or more without a Construction Parking And
Traffic Manaeement Plan approved by the Parkine Director pursuant to Chapter
106. Article II. Div. 3 Construction Manaeement Plan.
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. Expenditures from these funds shall require city commission approval.
(b) Funds generated by the fee-in-lieu program pursuant to subsection 130-132(a) and (b)
above, collected after March 20, 2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking, transportation
105
and mobility related improvements and programs in the vicinity (within the north, middle and
south district, as applicable) of the subject property. Expenditures from these funds shall require
city commission approval.
(c) Such parking, transportation and mobility related improvements and programs may
include:
(1) Parking garages and related facilities.
(2) Transit capital funding:
a. Purchase ofbuses for circulator routes.
b. Bus shelters.
c. Transitinfrastructure.
(3) Traffi c improvements:
a. Traffic signals.
b. Signal timing operations.
c. Lane modifications.
(4) Bicycle facilities:
a. Bicycle lanes and paths.
b. Bicycle racks and storage.
(5) Intelligent transportation systems:
a. Electronic message boards.
(6) Pedestrian improvements:
a. Crosswalks.
b. Traffic signals.
(7) Pedestrian facilities:
a. Beachwalk.
b. Bayr,valk.
(8) Other parking, transportation and mobility related capital projects as may be
specifically approved by the city commission.
(9) In addition, transit operational funding for newly introduced transportation
enhancements and program expansions (limited to operational, nonadministrative
costs only, i.e., drivers, fuel, maintenance and insurance) maybe included if expressly
approved by the city commission.
(d) The planning department shall maintain a map which includes a listing of the north,
middle and south districts and accounts.
(e) Anlz fines or penalties collected pursuant to Chapter 106" Article II. Division 3. Entitled
"Construction Management Plan." after administrative expenses shall be placed in the Fee in
Lieu of Providine Parkins account. and credited to the proper party. and utilized as provided
under subsection (.c). above.
*{<{<
106
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.
A11 ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEYERABILITY.
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 ten days following adoption.
PASSED and ADOPTED thrs day of ,2015.
First Reading:
Second Reading:
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
Underscore denotes new language
Strikethrough denotes removed language
(Sponsored by Commissioner Michael Grieco)
107
THIS PAGE INTENTIONALLY LEFT BLANK
108