HomeMy WebLinkAboutO-14036City of Miami
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Legislation
Ordinance: 14036
File Number: 10663
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/18/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES
AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT
AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS"; MORE
PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE,
TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF
REQUIRED OFF-STREET PARKING', BY CLARIFYING THE PARKING
WAIVER PROCESS AND BY ESTABLISHING SECTION 35-237, TITLED
"DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT
PROGRAM AND TRUST FUND — ESTABLISHED", SECTION 35-238, TITLED
"FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-239, TITLED
"SCHEDULE OF FEES AND CHARGES FOR DOWNTOWN FLAGLER
DISTRICT PARKING AND LOADING IMPROVEMENT TRUST FUND", AND
SECTION 35-240, TITLED "PARKING AND LOADING WAIVER
CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE
DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT
PROGRAM AND TRUST FUND; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner Ken Russell
WHEREAS, the City of Miami ("City") regulates parking and loading through land
development regulations and parking requirements for uses established in Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"),
and through Chapter 35 of the Code of the City of Miami, Florida, as amended ("City
Code"); and
WHEREAS, there is a need to address traffic flow and loading issues in Downtown
Miami; and
WHEREAS, on October 20, 2021, the Planning, Zoning and Appeals Board (TZAB"), at
a duly noticed public hearing, considered PZAB Item No. 8 and adopted PZAB Resolution No.
R-21-10672 by a vote of eight to zero (8-0), recommending approval to the City Commission of
the proposed amendment as stated herein; and
WHEREAS, the City Commission desires to amend Chapter 35 of the City Code to
establish the Downtown Flagler District Parking and Loading Improvement Program and
Trust Fund in order to facilitate publicly accessible on -street and off-street parking and
loading and enable a centralized valet system within the Downtown Flagler District as
depicted in Exhibit "A", attached and incorporated;
City of Miami Page 1 of 7 File ID: 10663 (Revision: 8) Printed On: 1211012021
File ID: 10663
Enactment Number: 14036
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance
are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 35/Article V of the City Code is amended in the following
particulars:'
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE V. - COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT, WYNWOOD,
A4D--WYNWOOD NORTE,.AND DOWNTOWN FLAGLER DISTRICT PARKING
IMPROVEMENT TRUST FUNDS
Sec. 35-220. - Required off-street parking and payment in lieu of required off-street parking.
The minimum off-street parking requirements shall be as depicted herein and/or in the
zoning ordinance of the city. Parking requirements may be satisfied by providing the parking as
stated in the zoning ordinance or by payment in lieu of required off-street parking, as described
herein. Parking reductions, off -site parking, or any other relaxation of parking requirements
allowed pursuant to the Miami 21 Code shall not be made available within areas unless
otherwise provided for within this Chapter, established Special Area Plans (SAPs), or
Neighborhood Revitalization Districts of the city for which a parking trust fund has been
established and is in effect pursuant to this chapter.
(5) If a property owner is entitled to pay a fee in lieu of providing required parking or
loading as provided for in this section, the initial payment, shall be made in advance
to the Coconut Grove parking improvement trust fund, the design district parking
improvement trust fund, the Wynwood parking improvement trust fund, e-r-the
Wynwood Norte Parking Improvement Trust Fund, or the Downtown Flagler District
Parking Improvement Trust Fund, as applicable, as specified in the letter granting the
waiver, and as a condition precedent to the issuance of a parking waiver certificate,
and of a certificate of use. Failure to make any required payment shall cause the
parking waiver and the certificate of use to be revoked.
Sec. 35-237 — Downtown Flagler District Parking and Loading Improvement Program and Trust
Fund — Established.
There is hereby established a program known as the Downtown Flagler District Parking and
Loading Improvement Program ("Program"). The Department of Off -Street Parking
("DOSP"), also known as the Miami Parking Authority, or any successor agency designated
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 7 File ID: 10663 (Revision: 8) Printed on: 1211012021
File ID: 10663
Enactment Number: 14036
the Citv Commission shall administer and oversee the Proaram and Drovide an Annual
Report to the City Commission.
The Program shall include a trust fund known as the Downtown Flagler District Parking and
Loading Improvement Trust Fund ("Trust Fund") to be maintained and administered by
DOSP into which funds shall be deposited and from which funds shall be withdrawn
pursuant to Sections 35-237 through 35-240 to facilitate the creation of publicly accessible
on -street and off-street parking and loading and enable a centralized valet system
consistent with the City Code including, without limitation, Chapter 9 within the boundaries
consistent with the Downtown Flagler District as provided for in Exhibit "A", attached and
incoraorated. throuah means which may include but are not limited to the followina activities:
Acquire fee simple or other possessory interest in land and other real property for
parking and loading purposes;
Construct, maintain, operate, lease, manage, enforce (non-exclusive), fund, or
otherwise provide off-street and on -street parking facilities for public use;
Construct, maintain, operate, lease, manage, enforce (non-exclusive), fund, or
otherwise Drovide off-street and on -street loadina facilities for Dublic use:
Construct, maintain, operate, lease, manage, enforce (non-exclusive), fund, or
otherwise provide a uniform on -street valet system for public use;
Construct, maintain, operate, lease, manage, enforce (non-exclusive), fund, or
otherwise provide for supplemental and/or alternative public mobility options within
the Downtown Flagler District area, provided public mobility options shall be subject
to yearly evaluation of the Downtown Flagler District Improvement Committee as
established and constituted by this Section.
Provide public information to enhance parking, loading, valet, and mobility utilization
including personnel, graphics and signage, and other informational devices;
Coordinate plans for parking and loading facility improvements or expansion in
conjunction with public transportation plans and operations in the vicinity;
Provide accessibility to off-street parking facilities or alternative transportation
facilities by suitable means such as public shuttle, tram or trolley service, or related
physical improvements such as bus shelters and right-of-way modifications;
Perform such other related activities as may be appropriate to carry out the intent of
this Article including, but not limited to, infrastructure improvements in the public
right-of-way, contributing to maintenance of the public sidewalks within the
Downtown Flagler District as defined herein, supporting alternative transportation
facilities, operations, and marketing related to promoting any of the aforementioned
activities.
Purchase necessary technology to manage loading and valet zones, including but
not limited to closed circuit television ("CCTV"), software, and sensors.
(c) It is the intent of this Section that at least ninety percent (90%) of the funds as determined at
the beginning of each fiscal year shall be allocated for purposes consistent with this Section.
At least ten percent (10%) of the funds must be maintained as reserves, inclusive of any
administrative expenses.
DOSP shall create, manage, and enforce (non-exclusive) a centralized loading program
within the Downtown Flagler District subject to the following:
(1) DOSP shall have the authority to limit the size and weight of trucks, timing of
deliveries, stopping, standing, and location of loading within the Downtown Flaqler
District.
City of Miami Page 3 of 7 File ID: 10663 (Revision: 8) Printed on: 1211012021
File ID: 10663
Enactment Number: 14036
(2) Each block face along Northeast / Northwest 1 Street and Southeast / Southwest 1
Street within the Downtown Flagler District may have at least one (1) DOSP
managed on -street commercial loading area. DOSP managed on -street loading
areas shall be no more than 300 feet apart based on a DOSP Commercial Loading
Zone Plan approved by the City Commission.
(3) DOSP managed loading, valet, and ride -share areas shall be designated by signage
and for limited intervals durina saecified hours.
(e) DOSP may charge fees in its proprietary capacity in addition to the fees stated in Sections
237 through 35-240 or any other regulatory fees for the use of DOSP-managed loading
facilities.
Notwithstanding Article 7, Section 7.2.8.b of the Miami 21 Code, it is the intent of this
Section that the Downtown Flagler District, as defined herein, may be granted the general
parking reductions and other relaxations of parking requirements allowed pursuant to the
Miami 21 Code.
Lgj There is hereby created a Downtown Flagler District Improvement Committee ("DFD
Committee") that shall consist of five (5) voting members and as many non -voting members
as may be necessary from time to time at the sole discretion of the Chief Executive Officer
("CEO") of DOSP appointed as follows:
(1) The CEO or designee shall be a non -voting member.
(2) The Executive Director of the Miami Downtown Development Authority ("Miami
DDA") or designee shall be a voting member who shall not require DOSP Board
confirmation.
(3) The District 2 Commissioner shall appoint one (1) voting member who resides within
the boundaries of the Downtown Flagler District who shall be subject to DOSP
Board confirmation and shall serve a two-vear term.
(4) The City's Planning Director or designee shall be a voting member who shall not
require DOSP Board confirmation.
(5) One (1) voting member who shall be a property owner of any assessed property
within the boundaries of the Downtown Flagler District who shall be subject to
DOSP Board confirmation and shall serve a two-year term.
(6) One (1) voting member who shall represent retail and/or restaurant/bar
establishments within the boundaries of the Downtown Flagler District who shall be
subject to DOSP Board confirmation and shall serve a two-year term.
(7) At the sole discretion of the CEO, the CEO may appoint non -voting members as
may be necessary from time to time who shall not require DOSP Board
confirmation.
(8) Nomination of initial members. The CEO shall appoint a committee nominating
commission to solicit and screen applications, interview candidates, and submit
nominations to the CEO for appointment to the initial committee.
(9) Subsequent nominations and vacancies. A selection committee chosen by the
remainina committee members shall be formed and shall make nominations for
filling seats upon expiration of a term or in the event of any vacancy and the DOSP
Board shall confirm the nominees, as applicable.
(10) Quorum. Quorum shall consist of the physical presence of three (3) voting
members.
(11) The DFD Committee shall be subject to all applicable ethics, public records, and
Sunshine laws and all apDlicable Federal. State. and local laws and reaulations.
City of Miami Page 4 of 7 File ID: 10663 (Revision: 8) Printed on: 1211012021
File ID: 10663
Enactment Number: 14036
Sec. 35-238. - Funds Made Available: Financial Reaort.
(a) Funds deposited into the Trust Fund shall be made available to DOSP for the purposes
set forth in Section 35-237 and for administrative and regulatory expenses after review
and recommendation by the DFD Committee to DOSP and approval by the DOSP Board
following receipt and consideration of the DFD Committee's recommendation. DOSP
shall submit annual financial reaorts to the Citv Commission on an annual basis.
(b) A financial report on Trust Fund receipts and expenditures shall be prepared annually at
the close of the fiscal year by DOSP and presented to the DFD Committee for its review
and approval prior to filing with the City Clerk.
Sec. 35-239. — Schedule of Fees and Charges for Downtown Flaaler Parking and Loading
Improvement Trust Fund.
(a) Fees in lieu of providing required off-street parking and loading for the area described
as the Downtown Flaaler District shall be a purchase price of $8,500.00 per half -space
and $17,000.00 per full space per parking space waiver ("Parking Purchase Price").
The DFD Committee will evaluate every two (2) years whether the Parking Purchase
Price is meeting the needs of and appropriate for the Downtown Flaaler District and
will provide a report and recommendation regarding the Parking Purchase Price to the
DOSP. The DOSP shall present the DFD Committee report and recommendation to
the City Commission. Every five (5) years, the DFD Committee shall also evaluate
and make a recommendation whether the Parking Purchase Price shall be inflation
adjusted to be presented to the City Commission by DOSP.
(a) Fees in lieu of providing required off-street loading for the area described as the
Downtown Flaaler District shall be as follows:
(1) A purchase price of $20,000.00 per 200 square feet of loading area, $40,000.00 per
420 square feet of loading area, and $60,000.00 per 660 square feet of loading
space per loading space waiver ("Loading Purchase Price"). Only properties
described in Article 4, Table 4 of the Miami 21 Code are eligible to participate in this
fee -in -lieu of loadina Droaram. The Loadina Purchase Price shall be inflation
adjusted once at the end of each five-year period.
(2) Notwithstanding the fee in lieu of off-street loading, the required number of loading
spaces pursuant to Article 4, Table 5 of the Miami 21 Code must be provided off -site
as described in Article 4, Table 4 of the Miami 21 Code.
(b) Permanent Certificate of Waiver. Upon receipt of the full Parking Purchase Price or full
Loading Purchase Price, as applicable, and any applicable fees for administrative
expenses set by DOSP from time to time in accordance with the provisions of this
Article, the City shall issue a Permanent Certificate of Waiver in lieu of providing physical
parking or loading, as applicable ("Certificate of Waiver"), which shall be recorded at the
Property owner's sole expense in the public records of Miami -Dade County, Florida. The
Certificate of Waiver shall run with the land.
(c) Payment as set forth in Subsections 35-239(a) and (b) shall be due and payable prior to
issuance of a building permit or revisions to an existing building permit for any new
construction or addition that generates additional required parking spaces or loading, as
applicable; issuance of a Certificate of Use or Temporary Certificate of Use for any new
construction or addition that generates additional required parking spaces or loading, as
City of Miami Page 5 of 7 File ID: 10663 (Revision: 8) Printed on: 1211012021
File ID: 10663
Enactment Number: 14036
applicable; or substitution for parking or loading, as applicable, previously to be provided
on -site or off -site. whichever is earlier.
(d) Payment of the fees and issuance of the Certificate of Waiver set forth in the
Subsections hereinabove shall permanently exempt the respective property from the
corresponding parking or loading requirements, as applicable, for such use as specified
in the Certificate of Waiver unless and until such Certificate of Waiver is revoked as set
forth in Section 35-240.
Sec. 35-240. - Parking and Loading Waiver Certificates; Revocation; Refunds.
(a) Certificates of Waiver shall not be issued without full payment and after verification by
DOSP, the Planning Department, and with any other applicable City departments that
such Certificate of Waiver complies with the Miami 21 Code and all parking and loading
conditions.
(b) Failure to maintain a building permit as required in this Article shall cause the Zoning
Administrator to revoke the Certificate of Waiver. Any building permit procured as
specified in this Article must remain active at all times. If a building permit becomes
inactive or is otherwise abandoned, a revocation of the Certificate of Waiver may be
initiated. Any appeal of a building permit or similar development permit shall toll the time
period specified in this Section until a final decision is rendered on the appeal.
(c) In the event that a Certificate of Waiver is revoked by the Zoning Administrator or
released in writing by the property owner prior to issuance of a Certificate of
Occupancy, Temporary Certificate of Occupancy, Certificate of Completion, Certificate
of Use, or Temporary Certificate of Use for the improvements that generated the
parking or loading requirements, as applicable, for which the Certificate of Waiver was
issued, DOSP shall apply a credit to run with the property and the credit will be
available to apply towards a future Certificate of Waiver for a period not exceeding five
(5) years. After five (5) years, the unused credit is deemed abandoned and is forfeited
unless the applicant applies in writing for a credit with the Planning Director anytime
during the five (5) year period in which case the City will approve the timely credit
request within ninety (90) days of when the request is made and will credit the entire
sum.
Secs. 35-241-35-250. - Reserved."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of the
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 6 of 7 File ID: 10663 (Revision: 8) Printed on: 1211012021
File ID: 10663
Enactment Number: 14036
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i dez, C oty Attor iey 12/812021
City of Miami Page 7 of 7 File ID: 10663 (Revision: 8) Printed on: 1211012021