R5D-Parking Plan For Construction Workers -Grieco-lntended Outcome Su
COMMISSION ITEM SUMMARY
AGEtrtDAtrEu RSD
Condensed Title:
Second Reading to adopt an Ordinance Amendment to require 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 Parking Director
pursuant to Chapter 106 and to authorize the placement of the fines or penalties collected from
enforcement of Chapter 106 CPTMP's, into the Fee in Lieu of Providing Parking account.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the Citv to requlate is "about the rioht amount."
ltem Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance is a companion to an amendment adopted by the City Commission on
February 11,2015, that requires a construction parking plan as part of the building permit process.
The proposed Ordinance incorporates this requirement into the Land Development Regulations. lt
also provides that any fines collected under the parking plan for construction workers/staging are
properly accounted for under the Fee in Lieu of Parking Program account.
On May 6, 2015 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
set a Second Reading Public Hearing for June 10,2015.
The Administration recommends that the City Commission adopt the Ordinance.
Board Recommendation:
Financial lnformation :
On March 24, 2015 the Planning Board recommended approval of the subject Ordinance by a vote
of 5 to 0 (Planning Board File No.2243).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2015\June\Parking Plan Construction Workers - Second Reading SUM.
MIAMIBEACH sqlg 6-to -l 5-265
MIAM!BEACH
City of Miomi Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members + the City
Jimmy L. Morales, City Manager i
June 10,2015
Parking Plan for Construction Wolkers
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 1144 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTTON (12) PROVTDTNG THAT NO BUTLDTNG pERMtT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $25O,OOO OR MORE WITHOUT A GONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIREGTOR PURSUANT TO CHAPTER fO6, ARTICLE II,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED "FEE IN LIEU OF
PARKING'' BY AMENDING SECTION 130.134, ENTITLED "DEPOSIT OF
FUNDS/ACCOUNT"; BY AUTHORIZING 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;
GODIFICATION; AND AN EFFEGTIVE DATE.
ADM! NISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 11,2015, at the request of Commissioner Michael Grieco, the City
Commission referred an Ordinance Amendment to the Planning Board and to the Land
Use and Development Committee (ltem C4H), regarding required parking plans for
construction projects.
ANALYSIS
On February 11,2015, the City Commission adopted an amendment to Chapter 106 of
the City Code, in order to require a construction parking plan as part of the building
permit process.
The subject Ordinance is a companion to the Chapter 106 amendment, requiring a
TO:
FROM:
DATE:
SUB.JECT:
SECOND READING
266
Commission Memorandum
Parking Plan for Construction Workers
June 10,2015 Page 2 of 2
parking plan for construction projects. ln this regard, sections 114-4 and 130-34 are
proposed to be amended, as more specifically noted in the attached Ordinance. The
ordinance modifications ensure that any fines collected under the parking plan for
construction workers/staging are properly accounted for under the Fee in Lieu of Parking
Program account.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln 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.
SUMMARY
On May 6,2015, the City approved the Ordinance at First Reading and set a Second
Reading Public Hearing for June 10,2015.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\20'l5Uune\Parking Plan Construction Workers - Second Reading MEM.docx
267
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, CHAPTER
106 ,'TRAFF|C AND VEHICLES", AT ARTTCLE t, DtVtSION 1 ENTTTLED.,GENERALLY", TO CLARIFY THAT A PARKING ENFORCEMENT SPECIALIST MAY
ISSUE CODE COMPLIANCE VIOLATIONS UNDER SECTION 106.116 THROUGH
106-'126, WITH ENFORCEMENT THROUGH THE SPECIAL MASTER; AND AT
ARTICLE ll ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN";AND CREATTNG
SECTIONS 106-116 THROUGH 106-130; PROVIDING FOR LEGISLATIVE INTENT;
DEFINITIONS; CREATING A REQUIREMENT THAT ALL CONTRACTORS PROVIDE
TRAFFIC PLAN TO THE BUILDTNG AND PARKING DEPARTMENT(S) pRtOR TO
OBTA]NING A BUILDING OR GRADING AND SHORING PERMIT FOR ALL
PROJECTS OVER A CERTAIN CONSTRUCTION THRESHOLD; TO ENSURE THAT
ALL EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS ARE PART OF A
TRAFFIC MANAGEMENT A,ND PARKING PLAN FOR PARKING OF VEHICLES;
PROVIDING FOR PENALTIES, ENFORCEMENT PROCEDURES AND APPEALS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE D,ATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and Vehicles,' regulates all mafters
relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, There exists in areas of the City, heavy cona-entration of constructlon activig and
related construction employee vehicles that park for extended peribds usurping parking avallability all
day; congregating at various poinis; and committing offenses agalnst the peace and dlgnity 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 unduty restrict access to patrons and vlsitors 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
WHEREAS, that the conditions and impacts rnentioned above reduces parking availability and
creates blighted or deteriorated residential areas; and
WHEREAS, the establishment of 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 of children and other pedestrians; and
WHEREAS, to ensure that the definitions are clear, concise, and for facility of use to the
community and,
WHEREAS, the proposed modification to the Chapter 106 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:
268
SECTION 1. Chapier 106, "Traffic and Vehicles," Article l, at Division 1 entitled "Generally," is herebyamended; and Afticle ll entitled, "Metered Parking,' is amended to create Division 3, entitled
"Construction Parking And Traffic Management Plan" as follows:
CHAPTER 106 TRAFFIC AND VEHICLES
o*ril.. r
DIVISION I. GENERALLY
Sec. 106-53. - Duties of Parking Enforcement Specialist in case of overtime parking.
(a) lt shalt be the duty of the Parking Enforcement Specialist of the City, acting in accordance with
instructions issued by the Parking Directol to issue a citation to the violators of Section 106-46 or 106-49,
containing the following information:
(1) The number of the parking meter that indicated that the vehicle occupying the parking space
adjacent to such parking meter is or had been parked in violation of any of the proviiions of
section 10546 or 106-48.
(2) The state and license number of such vehicle.
(3) The date and time at which such vehicle was seen or found parked in violation of any of the
provisions of section 106-46 or 106-48.
(a) Any other facts a knowledge of which is necessary to a thorough understanding of the. circumstances attending such violation, and facilitate the determining of ownership of such
vehicle.
(b) When the operator of the vehicle is not available each such Parking Enforcement Specialist shall
attach to such vehicle the citation to the owner thereof that such vehicle has been parked in violation of
sec'tion 106-46 or 106-48, and instructing such owner to either pay the parking fine or contest the citation
as provided on the citation within 30 days in regard to such violation.
(c) The Parkino Enforcement Specialist shall enforce the orovisions of Article ll. Divisjgn 3. sections
106-116 throuqh 116-126. throuoh the Code Comoliance Procedures of Chaoter 30. An apoeal of a
ciiation under Article ll. Division 3. shail be to the Soecial Master.
ARTICLE II METERED PARKING
DIVISION 3. GONSTRUCTION PARKING AN; TR;FFI; MANAGEMENT PLAN
Sec. 106-116. Declaration of necesslfu and purpose.
It is hereby found and dgclared that:
(a) Thgle exists in areas of the Citv, heavv concentration of construction actiJlty and related
construction emolovee vehicles that oark for extended oeriods usuroino oarkino availabilltv all
dav: congreggrtinq at various oointsj and committing offenses aoainst the oeace and dionllv of
the Citv and the residents thereof.
269
(b) The oresence of these vehicles cause vehicular traffic conqestion on commercial and.
residential streets. imoede the movement of tratfic. and undulv restrict access to patrons and
visitors to commercial.areas and residents and their visitors to thelr homes.
(c) Such vehicular conoestion creates oolluted air, excessive noise. trash and refuse.
(d) That the conditions and evils mentioned in subsections (1). (2). and_(Q) of.lhis section
redu.ces parkinq availability and creates bliohted or deteriorated rgsidential and commercial
areas.
(e) The establishment of a reouirement that a contractor orovide a Construction Manaqement
Plan (CMP) due to the traffic and parkinq impacts caused bv the construction product would
assist the Cit.v in oreservino the residents' guality of life: ensure the hiqh qualitv of our
residential and commercial neiqhborhoods: would oreserve orooertv values: and preserve the
safet.v of children and of all oedestrians in the Citv.
Sec. 106-117. Definitions.
The followinq words, terms and phrases. when used in this division, shall have the meanings ascribed to
them in this section. except where the context clearlv indicates a different meaninq:
Commercrbl area means a contiouous or nearl)r contiquous area containing oublic streets or parts thereof
primarilv abuttg.d bv commercial. orlgtail oropertv. Commercial area shall contain at least hatf a city blocl!
bordered bv three public streets, and. if there is an alleywav. also bv the allewav.
Consfrucfbn Emoloyee Vehicle (CEV) means a motor vehicle ooerated in or oarked bv an emolovee. or
subcontractor of a con_struction contractor for extended oerio4g.gf the dav. which result in an imoact on
the communitv aS identified below as a CEVPI.
Construction Emolovee Vehicle Parkinq lmoact (CEVPlt means:
(1) A condition wherebv:
a. Municioal (on and off-street) parkinq soaces are limited in ouantities and for extended
oeriods of the dav factuallv occuoied Mondav throuoh SaturdaV, of any month bv
construction emolovee, contractor or subcontractor vehicles: and
b. CEVs oark on municipal on and off-street oarking spaces. intended for commercial or
residential useg: or
(2) A condition wherebv anv number of construction related vehicles are being driven into or left
reoularlv in a commercial or residential area and the CEV drivers are parking at those locations
for purposes unrelated tq commercial. retail or residential uses.
(1) ln order to ollduff maintain a.Building and/or Gradinq and Sborino Permit for all proiects with a
value in excess of $250JXQ0,.!I!. the Contractgr of record shall be required to provide to the City a CMP.
The Parkino Direcior shall review the CMP. Failure to provide the CMP. or ob-tain Parkino Director
approval of the CMP shall oreclude the issuance of a Buildinq or Gradino and Sh.grino Permit. The GMP
shall minimize CEV.PI to the sunoundinq commercial or residential areas. The CMP musl
f3l The CEVPI aermit a
R-esrdenf&/ areas means a_.contiguous or nearly contiouous ?rea containinq oup-lic streets or oarts thereof
orimarilv abutted by residential orooerty or residential and nonbusiness orooertv such as schools. oarks.
church.es, hospitals. and nursino homes. A residential area shall contain at least half a citv block bordered
bv three-(3) public streets. and. if there is an allewvav. also bv the allevwav.
Sec. 106-118. Creation of Construction Manaqement Plan (GMP).
270
g- Beduce CEVPI related to the prooosed construction:b. contain conqtructign relat+ parkino wi.thln tfre prd&t site, whenever possiblg9. Document where lhe oarKinq areas will b ontractoEand contractors, if not on site: andd. T[e-gontractor.,owler,of the p.rooertu. and tenant are required to sion. under oath. theprooo=sed CMP. confirmino iheir understan
comoliance.
(3) The Citu's munic e located at 42 Skeplsav nqlbe used for CEVPI or Cry
.ri* Cit wt""r""r
Parkino qirector authorization and final aut
Sec. 106-119. Requirements of CMP.
(1) The CMP shall contain the followino reouired elements to address the CEVPI:
a. A goov of the.bltildino oermit aoolication/orocessino number. that is not exolred. with the
Buildinq Deoartmen-t.
b. A sYstem to minimize the effect of QEV oarkino in commercial and residential neighborhoods.c. Do"gurnent ihe lrumber of workers: identifu bv descriotion and vehiCie license plat,e;umber ajl
vehicles thq! yill be oresent on the site durino various phases offi
whether sufficient privatelv owned/operated off-street oarkino will be provided. provide]Eii
qf such off-street private parkinq aranoements.d. The construction contractor. owner/develooer shall schedule a ore-construction meetino with.
. Citv statf after oermit issuance, but orior tq start of work. to review CMP@
(2) The Cgnstruction Site Parking and Staging Plan shall provide the followino specific information:
a. All constructign . related oarking (whether for emplovees, contractors, subcontractors.
suppliers, etg.), sh?ll be located on-site wher-e the construction is to take place. or at an
aooroved off-site locations, as aporoved by Cit!: Staff. Swale. rioht-of-wav. pr parkinq
netered locgtions mav he permitted. upon aoproval of the Parkino Director. to be used for
loadino, deliveries, and -suoplies. However, ihis tempgrarv authorizaiion sh;ill;t bE
considered a orooer parkino area for emoloyees. subcontractors or contractors trnder tire
CMP.b. Delineate the 9etail$ as to the numbef of orooosed vehicles:. tvoe of vehicles. accessino the
construction Site; identifu the vehicles bv vear. make. model, and Florida license ola,te
number,
c. tdentifu wherg al! on-site parkino will be logated (minimum 8.5'x18' oer stall) and how vehicles.
)ryill enter and exit the construct site from or the street.d. lf offisitg partinq is required to accommodate emolovee, subqontraclor or contractor parkino
needs. ide4tify the off-site location to be used and how the e@
contractors wifl,qet tg and from the construction site. Provide proof of lease. exclusive use.
etc. to the Parkino Director as oark of the CMp.f. ldenli& anv fencino around the construction site and all access points. A site plan lnav be
requiredg. Identify material staginq area(s).h. Prgvlde anv other notes necessary to clarifu the CMP. as mav be applicable.
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Sec. 106-120. Review and approval.
The CMP shall_be reviewed an.dJ".equirg_the aooroval of the_Pqrkino Director.
Sec. 1 06-121 . lssuance of permit.
'1. A CMP permit shall be issued upon approval of the CMP and pavment of fees.
2. - A CMP permit fee in the amount of $144.00. shall be assessed for each CMP and related buildino
oermit.3. Thereafter a building or a gradinq and shoring permit mav issue. Failure to obtain Parkinq
Department authorization of.a CMP permit shall oJgclude the issuance of buildinq permit.
Sec. {06-122. Parkinq in desiqnated areas.
(1) Pursuant to the requirements of section 106-119, _qontractors. subcontractors and construction
emplovees shall register and provide vehicle make, model. vear. color...and license plate to the Parkino
Department.
(2) CEVs shall prominently disolav a oarkinq permit for the corresponding. parkinq facilitv(ies) related.
to the buildino oermiUconstruction proiect identifled in the underlying CMP. Such parking oermii shall be
disolayed so ag. to be clearlv visjblg.Io_ tllg City's enforcement personnel.
(3) CEVs found at anv location other than those stjpulated in the CMP shall be in violation of this
section
Sec. 106-123. Enforcement.
(1) A City Code Inspector may issue a citation for a violation of this Chaoter. Enforcement shall be
ihrouoh Chapter 30 of the City's Code. A Citv 9ode lnsoectors means the Code Compliance Officers.
parking department emolovees, a Parkino Enforcement Specialist, or anv authorized aqent or emolovee
gf.the Citv whose dutv it is to assure code compliance.
(2) All violations of this chapter are civil infraciions. Each violation of this chapter shall constitute a
separate offense. Violations of this chapter. will be ounished as follou/s:
(a) For a first offense. a $5.000.00 fine.-issued to both contractor and orooertv olvner/ten-ant.
(b) For a second offense a $10,000.00 fine issued to both contractor and prooertv owner/tenanJ.
(c) For a third offense, a $15.000.00 fine issued to both contractor and property owner/tenant.
(d) For each additional/subseouent offense -a one dav stop work order issu.e{ bv the Citv's
Building_.Official.
(e) For ourooses of this section. an offense shall be deemed to have occurre_d -on the date that
the violation ocpu rrqd.
master and fines mav be accessed accordinoJy.
(g) A cgftified copv of an order imoosino a fine mav be Lecorded in the oublic regqrds and
thereafter shall cQnstiluie a lien uoon any real or oersonal orooertv owned bv the vlolAtor and
it mav be enforced in the same manngl as a court iudqment bv the sheriffs of this state.
including levy aqainst the violato/s personal propertv, but shall not be deemed to be a court
iudgment except for enforcement purposes. After two m-onths from the recordlng of anv such
lien that which remains unoaid, the Citv may foreclose or othenrrise execute upon the lien.
Sec. 1 06-1 24. Rgvoc.a$io n ojlpef$lts an d. olher penalties.
Anv Contractor, subcontractor. orooertv owner or tenani who has obtained a valid cjtation under section
106-123. and who has failed to oav the fine. anglfail_eSl to cure the violaiiory..ShaU have the Building
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and mav result in flnes of up to an additional $500.00, per gl_av. and ligns ii orovided hrrr law.
Sec. '106-125. Use of Funds.
Sec. {06-126. Appeals.
S EGTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be renumbered or r+.lettered to accomplish such
intention, and, the word "ordinance" may be changed to "section", 'rarticle", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity,
SECTION 5, EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this _ day of
First Reading:_
2015.
Second Reading:
ATTEST:
Philip Levine, Mayor
=*- t3-$
relatino to a code compli?nce citatiojrs under chaoter 30 shali_conlro@
reouirements, and rules !e_!gUno to same.
APPROVED AS TO
Rafael E. Granado, City Clerk
Date
273
Underscore denotes new language
denotes removed language
OoulteuOeling denotes additions after First Reading
(Sponsored by Commissioner Michael Grieco)
F:\ATTO\BOUE\Ordinances\Parking PIan ordinance second reading draft [2-11-2015].docx
274
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SEGTION 1144 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTTON (12) PROVIDING THAT NO BUILDING pERMtT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $25O,OOO OR MORE WITHOUT A CONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE I!,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING GHAPTER 130, ARTICLE IV ENTITLED "FEE IN LIEU OF
PARKING" BY AMENDING SECTION 130-134, ENTITLED "DEPOSIT OF
FUNDS/ACGOUNT,,; BY AUTHORIZING THE PLAGEMENT OF THE FINES
OR PENALTIES COLLEGTED FROM ENFORCEMENT OF CHAPTER 106
CPTMP, INTO THIS ACCOUNT TO BE UTILIZED FOR THE PURPOSES
PROVIDED THEREIN; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFIGATION; AND AN EFFECTIVE DATE.
WHEREAS, 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
WHEREAS, 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 ll,
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 of children 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 over $250,000, Chapter 114, 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
ll, Division 3, shall be accounted for and placed in the fee in lieu of parking fund, designated as
275
funds derived from Chapter 106 enforcement, and used as provided underChapter 130, Article
V; and
WHEREAS, the proposed modification to Chapter 114 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 CIry OF MIAMI BEACH, FLORIDA:
SECTION l. Chapter 114, "General Provisions," at Section 114-4, entitled "Compliance with
Regulations Required;" and Chapter 130, "Off Street Parking" atArticleV, entitled "Fee in Lieu
of Providing Parking" are hereby amended as follows:
GHAPTER 114 - cENrYa PROVTSTONS
Section 114-4 Gompliance with Regulations Required.
Except as provided in these land development regulations:
(11) No building permit snaff ne i..*O ", "n, lot or site that does not meet the
requirements of the definition of lot as stated in this subpart.
(12) No buildinq permit or board order shall be issued for anv lot or site with a
buildinq permit valued at $250.000 or more without a Construction Parkino And
Traffic Manaoement Plan approved bv the Parkino Director pursuant to Chapter
106, Article II, Division Lentitled_Gonstruction Manaqement Plan.l
Sec. {30-134. - Deposit of funds; account.
(a) Funds generated by the fee-in-lieu program pursuant to subsections 130-132(a) and (b)
above, collected priorto 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
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 of buses for circulator routes.
b. Bus shelters.
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c. Transitinfrastructure.
(3) Traffic improvements:
a. Traffic signals.
b. Signaltiming operations.c. Lane modifications.
(4) Bicycle facilities:
a. Bicycle lanes and paths.
b. Bicycle racks and storage.
(5) lntelligent transportation systems:
a. Electronic message boards.
(6) Pedestrian improvements:
a. Crosswalks.
b. Traffic signals.
(7) Pedestrian facilities:
a. Beachwalk.
b. Baywalk.
(8) Other parking, transportation and mobility related capital projects as may be
specifically approved by the city commission.
(9) ln addition, transit operational funding for newly introduced transportation
enhancements and program expansions (limited to operational, non-administrative
costs only, i.e., drivers, fuel, maintenance and insurance) may be 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) AnLfines or penalties collected pursuant to Chaoter 106. Article ll. Division 3. Entitled
"Construction Manaqement Plan," after administrative expenses shall be placed in the Fee in
Lieu of Providinq Parkinq accounL-€nd-€r€dited-+e reflected as being o prepe+ partv,
resoonsible for the nd utilized exoended by the Cit provided under
subsection (c), above.
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.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
277
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM AND LANGUAGE
First Reading:
Second Reading:
May 6, 2015
June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rifet+reugh denotes deleted lang uage
(Sponsored by Commissioner Michael Grieco)
T:\AGENDA\20'1S\frlay\Parking Plan Construction Workers - First Reading ORD.docx
278
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