R5I-Parking Plan For Construction Workers -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider 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 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to development is "about the riqht amount."
Item S ummary/Recommendation :
FIRST READING
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.
The Administration recommends that the City Commission 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and2) approve the Ordinance at First Reading
and set a Second Reading Public Hearing for June 10,2015.
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
Financial 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
ENDA\201s\May\Parking Plan Construction Workers - First Reading SUM.docx
AGENDA ITEiI
OATE
RSI
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MIAMIBEACH
City of fitiomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEAGH, FLORIDA, AMENDING SECTION 114-4 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTION (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 WTTHOUT A CONSTRUGTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING 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 SECTION 130.I34, ENTITLED "DEPOSIT OF
FUNDS/ACCOUNT"; BY AUTHORIZING THE PLACEMENT 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;
CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
June 10, 2015.
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
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 6, 2015
Parking Plan for Gonstruction
F!RST READ!NG
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Commission Memorandum
Parking Plan for Construction Workers
May 6, 2015 Pase 2 of 2
permit process.
The subject Ordinance is a companion to the Chapter 106 amendment, requiring a
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.
FISGAL 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.
CONCLUSION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
June 10,2015.
*ffi^*/MAB/*oM
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING SECTION 1144 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTTON (12) pROVtDtNG 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 GONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING 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 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;
CODIFICATION; 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!06, Article
ll, Division 3, shall be accounted for and placed in the fee in lieu of parking fund, designated as
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funds derived from Chapter 106 enforcement, and used as provided under Chapter 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 C!ry 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:
CHAPTER rr+ -LeNES, PRovtstoNs
Section 114-4 Compliance with Regulations Required.
Except as provided in these land development regulations:
(11) No building permit snaff Oe irr*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 Parkinq Director pursuant to Chapter
106, Article ll. Division 3. entitled "Construction Manaoement Plan.l
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
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. Transit infrastructure.
(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.€., 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) Anv fines or penalties collected pursuant to Chapter 106, Article ll. Division 3, Entitled
"Construction Manaqement Plan." after administrative expenses shall be placed in the Fee in
Lieu of Providinq Parkinq account:-€nC-€r€dite+te reflected as being o partv,
rcsBonsible for the fine or exoended bv the Cit ed under
subsection (c), above.
SECTION 2. COD!FICATION.
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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake 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
r5
First Reading:
Second Reading:
May 6, 2015
June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
$r*e$reugh denotes deleted lang uage
(Sponsored by Commissioner Michael Grieco)
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