Loading...
HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #10663 Ordinance Second Reading Sponsored by: Manolo Reyes, Commissioner, Ken Russell, Commissioner 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. City of Miami File ID: 10663 (Revision: 8) Printed On: 1211012021 ��4�RCiltt�. Op i, * incaar oxaiPo City of Miami Q, K �Legislation Ordinance Enactment Number: 14036 File Number: 10663 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. 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 10663 (Revision: 8) Printed On: 1211012021 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, AN-D-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. (a) 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 by the City Commission shall administer and oversee the Program and provide 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 ' 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 unchanaed material. City of Miami File ID: 10663 (Revision: 8) Printed On: 1211012021 ursuant to Sections 35-237 throuah 35-240 to facilitate the creation of Dubliclv 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 incorporated, through means which may include but are not limited to the following 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 provide off-street and on -street loading facilities for public 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 Flagler District. (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 during specified hours. City of Miami File ID: 10663 (Revision: 8) Printed On: 1211012021 (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 Flaaler District. as defined herein. may be aranted the aeneral Darkina reductions and other relaxations of Darkina reauirements allowed Dursuant to the Miami 21 Code. LgI There is hereby created a Downtown Flaaler 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 aaaointed as follows: (1) The CEO or designee shall be a non -voting member. (2) The Executive Director of the Miami Downtown Development Authority ("Miami DDAI 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 Flaaler District who shall be subject to DOSP Board confirmation and shall serve a two-year 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 Flaaler 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 Flaaler 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 remaining 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 applicable Federal, State, and local laws and regulations. Sec. 35-238. - Funds Made Available; Financial Report. (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 reports to the City 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. City of Miami File ID: 10663 (Revision: 8) Printed On: 1211012021 Sec. 35-239. — Schedule of Fees and Charges for Downtown Flagler Parking and Loadin Improvement Trust Fund. (a) Fees in lieu of providing required off-street parking and loading for the area described as the Downtown Flagler 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 Flagler 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 Flagler 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 loading program. The Loading 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 apDlicable: or substitution for Darkina or loadina. as aaDlicable. Dreviouslv to be Drovided 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. City of Miami File ID: 10663 (Revision: 8) Printed On: 1211012021 (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 APPROVED AS TO FORM AND CORRECTNESS: . --\�1 i ria i ndez, City Attor iey 11/812021 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 File ID: 10663 (Revision: 8) Printed On: 1211012021