HomeMy WebLinkAboutO-14069City of Miami
Ordinance 14069
�a�l111 II li.RR �I +
Legislation
File Number: 10769
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/9/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
35/ARTICLE VIII/SECTION 35-290 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND
TRAFFIC/PRIVATE PARKING LOTS/COMPLIANCE WITH THE INTERIM
PARKING IN CHAPTER 62, ARTICLE XIII, DIVISION 4," AND CHAPTER
62/ARTICLE XIII/DIVISION 4/SECTION 62-543, TITLED "PLANNING AND
ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES/INTERIM PARKING/TEMPORARY PERMIT REQUIRED FOR
APPROVAL," TO REESTABLISH THE FORMER TEMPORARY INTERIM
PARKING PROGRAM TO ALLOW FOR CONDITIONALLY UNIMPROVED AND
PARTIALLY IMPROVED PARKING LOTS ON PRIVATE PROPERTY;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami's "(City") former interim parking program ("Program")
permitted unimproved or partially improved surface parking to operate for accessory parking
purposes; and
WHERAS, on January 9, 2014, the City Commission adopted Ordinance No. 13427
requiring that parking lots permitted under the Program come into immediate compliance with all
applicable Florida Building Code and Miami -Dade County regulations including but not limited to
required lighting and fencing; and
WHEREAS, the adoption of Ordinance No. 13427 essentially eliminated the Program;
and
WHEREAS, on July 25, 2019, the City Commission adopted Ordinance No. 13854 to
address the problem posed by permits processed for temporary interim parking in error after the
adoption of Ordinance No. 13427; and
WHEREAS, the City Commission wishes to reestablish the Program; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
November 17, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-
21-049 by a vote of eight to one (8 - 1), Item No. PZAB.2, recommending approval with
conditions of the proposed amendment; and
WHEREAS, the PZAB recommended the following conditions:
• The City should create a schedule for bringing the parking lots into full
compliance and that failure to meet annual requirements should require the
temporary interim parking permit ("Permit") to not be renewed;
City of Miami Page 1 of 8 File ID: 10769 (Revision: A) Printed On: 612712022
File ID: 10769
Enactment Number: 14069
• Initial approval should include the submission of a master plan with some form of
site plan;
• The first renewal of the Permit should be contingent upon hardscaping;
• The second renewal of the Permit should be contingent upon lighting;
• The third renewal of the Permit should be contingent upon landscaping;
• The fifth renewal of the Permit should be contingent upon drainage and paving;
• The City should create a webpage with a publicly -facing log/inventory that tracks
interim parking lots and the City should track the compliance of the renewal
requirements;
• Storage of vehicles should be prohibited on interim parking lots;
• Selling of vehicles should be prohibited on interim parking lots; and
WHEREAS, the City Commission has determined that the Program is in the best interest
of the City, its businesses, and residents;
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 by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 35/Article VIII/Section 35-290 of the Code of the City of Miami,
Florida, as amended ("City Code"), is amended in the following particulars:I
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE VIII
PRIVATE PARKING LOTS
Sec. 35-290. Compliance with the interim parking in chapter 62, article XIII, division 4.
(a) All parking lots in the interim temporary parking pilot program authorized pursuant to
subsection 62-543(4) prior to January 9, 2014 must immediately come into full
compliance with the Florida Building Code, the Florida Building Code -Accessibility and
the Miami -Dade County Code, Chapter 8C, including, but not limited to, the
requirements for landscaping, lighting, asphalt, fencing, etc., based on the date set for
compliance in the original application or as set forth in subsection (b) below, whichever
is shorter.
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.
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File ID: 10769
Enactment Number: 14069
(b) A ,i g'At ev.gpenr r el: of le-tithat-iss Pet-listed0ArExhrribi "A," attaGhed,
\
Ke9�elneRt6 estate, nni Rty and lay.gs and nrrlin.annoc as it peFtainc +n the
PeRnittiRg
ear ihc pdo`++inA 62-5-434`. Any parking lot owner or operator of a lot who has received
an approval after January 9, 2014; but prior to July 25, 2019 and that meets all permit
and City Code requirements shall be allowed to operate pursuant to its permit provided
that the all interim parking lots must come into full compliance with all state, county, and
local laws, rules, and regulations regarding the permitting, operation, and maintenance
of parking lots within one year from obtaining a temporary certificate of occupancy or
within one year from 120 days from passage of the ordinance from which this section
derives, whichever is shorter. Nothing herein shall be deemed to preclude the continued
use and permitting of conditionally improved, unimproved, and partially improved
temporary parking lots as authorized pursuant to any other subsection of section 62-543.
No parking lot that has previously received approval pursuant to Section 62-543 of the
City Code may receive a subsequent new approval for the same property so as to
prevent temporary parking lots from remaining in such a state on a permanent basis.
Notwithstanding the above, any parking lot currently operating pursuant to a valid permit
may receive further renewals subject to compliance with the requirements set forth in
Section 62-543 of the City Code."
Section 3. Chapter 62/Article XIII/Division 4/Section 62-543, of the City Code is
amended in the following particulars:'
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XIII
PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
PERMIT REQUIRED
DIVISION 4. INTERIM PARKING
Section 62-543. Temporary permit required for approval.
An interim parking facility or interim parking shall be defined as a surface parking lot for
which paving, drainage and marking of parking spaces as well as other improvements incidental
to permanent parking lots shall not be required on a temporary basis. Notwithstanding the
temporary nature of the parking, all interim parking must fully comply with the waterfront
standards of the City Charter and the Miami 21 Code. Compliance timeframes as set forth
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File ID: 10769
Enactment Number: 14069
herein or for any permit issued pursuant to this Section shall begin to run from the date of
issuance of the Certificate of Use or Temporary Certificate of Use for the parking permit.
Notwithstanding the temporary nature of any parking permit issued pursuant to this Section, all
properties wishing to avail themselves of this Section shall be unified by a unity of title or
covenant in lieu of unity of title, as applicable and as more specifically set forth in the Miami 21
zoning code. All temporary parking lots approved pursuant to this Section shall require noticing
in the same manner as a Warrant. as the same is defined in the Miami 21 zonina code.
There shall be five (5Ztypes of interim parking as follows:
Temporary special event parking;
Short-term event parking;
Interim special use parking;
Interim temperar„ parking nil„+ pregrem Limited -term citywide parking program; and
Temporary parking —Urban Central -business district.
(1) Temporary special event parking. Temporary special event parking on unimproved
interim parking lots, as defined herein, shall mean parking permitted pursuant to a
temporary permit and only in conjunction with an approved special event that requires
the additional parking to be accommodated on said lot(s).
(2) Short-term event parking. Short-term event parking means parking permitted as a
conditional use on nen-recirlentiall„ Zoned lots not zoned T3-R, T3-L, T3-0, T4-R, T5-R,
or T6-R pursuant to the Miami 21 zoning code, within a 1,500-foot radius of the major
public facility they are intended to serve, pursuant to a temporary permit subject to the
applicable criteria in division 2, and only in conjunction with major public facilities such
as major sports facilities, arenas, exhibition centers, performing arts centers and any
other such major public facility whose scale and operation warrant the use of interim
parking facilities on an event -by -event basis versus daily year-round use. However, no
such short term event parking shall be located adjacent to, abutting or across the street
from GiRgle family ",rem, property zoned T3-R, T3-L, or T3-0.
Renewals may only be granted by the city manager or designee upon findings and
recommendations by the director of the department of planning and that such
renewals are in the best interest of the city for reasons related to insufficient parking
within proximity of a major public facility. At such time that renewals are granted, the city
manager may include conditions to mitigate safety concerns that arise as reported by the
NET administrator, code enforcement or the city police department that pertain to the
particular parking facility in question. Such mitigation requests of the applicant shall be
limited to the following: (i) improvements to or addition of pavement and striping; (ii)
erection of lighting to the site in compliance with applicable governing requirements; 40
and (iviii) the addition of aluminum or galvanized steel fencing around the parking lot's
perimeter. Parking spaces provided as interim parking shall not be counted toward
meeting required parking for any such major public facility, unless parking spaces are
either owned, controlled, or under agreement for use by the major public facility it
serves.
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Enactment Number: 14069
(3) Interim special use parking. Interim special use parking means parking permitted as
a conditional use on ZGRed i a lot not zoned T3-R, T3-L, T3-0, T4-R,
T5-R, or T6-R pursuant to the Miami 21 zoning code, within a 1,500-foot radius of the
special uses they are intended to serve, pursuant to a temporary permit subject to the
applicable criteria in division 2 above, and only in conjunction with uses such as special
entertainment districts, historic districts which consist predominantly of properties with a
zoning designation allowing for commercial uses as defined in the Miami 21 zoning code
nnn_rocir-lon+i���„ 7:GRed PFGPeFtieS government facilities or institutional uses whose
scale and operation warrant the daily year round use of interim parking facilities rather
than temporary special event uses. However, no such interim special use parking shall
be located adjacent to, abutting or across the street from Single family ZGRed a property
zoned T3-R, T3-L, or T3-0. Special use areas may also include other public or private
attractions and uses that are over ten acres in size that could benefit from interim
parking such as a dog track, amusement park or flea market.
Yearly renewals for short-term event parking and interim special use parking may be
issued annually by the city manager upon findings and recommendations by the director
of the departments of planning ^ndg that such renewals are in the best interest of
the city for reasons related to insufficient parking within proximity of the special uses.
Renewals may include conditions to mitigate safety concerns that arise as reported by
the NET administrator, code enforcement or the city police department that pertain to the
particular parking facility in question. Such mitigation requests of the applicant shall be
limited to the following: (i) improvements to or addition of pavement and striping; (ii)
erection of lighting to the site in compliance with applicable governing requirements; 4+ )
and (+viii) the addition of aluminum or galvanized steel fencing around the parking lot's
perimeter. Parking spaces provided under this type of interim parking facility shall not be
counted toward meeting required parking for any such special use they serve, unless
such parking facility is in full code compliance.
(4) "^mod Limited -Term Citywide Parking Program. The Limited -Term Citywide
Parking Program is a five-year temporary parking program that encourages the use of
properties on a temporary basis to support parking needs of specific areas within the
City. The Limited -Term Citywide Parking Program permits parking as a conditional use
on a lot not zoned T3-R, T3-L, T3-0, T4-R, T5-R, or T6-R pursuant to the Miami 21
zoning code and that has a minimum of 10,000 square feet in size pursuant to a
temporary permit and subject to the applicable criteria in Division 2. However, no such
Limited -Term Citywide Parking Program may be applied to property adjacent to,
abutting, or across the street from property zoned T3-R, T3-L, or T3-0.
Parking spaces provided under this Limited -Term Citywide Parking Program shall not be
counted toward meeting required parking for any use they serve, unless such parking
facility is in common ownership with the property it is intended to serve or unified with
the property it is intended to serve by a covenant in lieu of unity of title or a unity of title.
Any parking lot participating in the Limited -Term Citywide Parking Program shall be
required to meet the requirements of Section 3 (mm) of the City Charter and of Section
3.11 of the Miami 21 Code.
(5) Temporary parking —Urban GeptFai central business district. Temporary commercial
or non-commercial parking lots may be operated within the Urban central business
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File ID: 10769
Enactment Number: 14069
district, as depicted in Appendix LU-1 of the Miami Comprehensive Neighborhood Plan.
Such lots may be operated independent of a primary use.
a. Design requirements. All temporary lots within the Urban central business
district shall adhere to the following minimum design requirements:
1. Parking lots shall be brought to grade with no less than one inch of
asphalt over four -inch lime rock base; however, the resilience and public
works director may require a six-inch lime rock base or thicker asphalt
based upon the conditions at the site, the intensity at the site or, if trucks
are intended to be parked on the site, that would require the additional
support base.
2. Surface storm water shall not drain onto adjacent property or a public
right-of-way. If the resilience and public works director determines that
there is insufficient area to accommodate drainage, additional measures
may be required to adequately drain stormwater runoff.
3. A landscape plan that specifies and quantifies the existing and/or
proposed plant material inclusive of mature shade trees, hedge material,
ground cover and in -ground irrigation shall be submitted for review and
approval by the planning director, according to the following criteria:
A. At minimum, the plan shall indicate a three-foot wide,
landscaped area bordering the surface area along a property line,
street, alley or sidewalk. The areas frentiRg a street er alley shall
he IaRGIS +aperd with a gFG PORg of three palms eveF y 15 linear feet
of #GRtage er ene nanepY tFee every 20 feetGf #GRtage
laR dsnaperd areas shall utilize `crass er planted material
anneptahle to the plaRRORg anrd Zenipry departments
B. A hedge that is at least 36 inches in height at the time of
planting shall be installed on the entire perimeter of the lot;
hedges on street or alley frontages shall not exceed 42 inches in
height at maturity.
C. Landscaped areas shall require protection from vehicular
encroachment. Car stops shall be placed at least two and one-half
feet from the edge of the paved area.
D. All landscaping that is placed on the lot shall be maintained in
good condition so as to present a healthy, neat and orderly
appearance. Drier to the issi iapne of a hi 1siRess tax reneipt fer a
temporary paFkiRg let the applinaRt shall submit a pier, fer a
reGUFFiiRg-maiiR-teRai-ne GGhedle t OiRGl des�,b ct 'is Ret lmimritea to
,
Glea RiRg the let nlippiRg the hedge material rem GViR y aR d
repla/ iRg dead plat material fertllizatieFl aR d IrrlgatiGF1 Said r11aN
shall he appreyerd by the pla RRORg rdirenter
4. Signs. One sign per street frontage is permitted. The maximum size of
each sign shall be five square feet or 50 feet of street frontage. Such
signs shall also include copy that indicates the name of the operator, the
City of Miami Page 6 of 8 File ID: 10769 (Revision: A) Printed on: 6/27/2022
File ID: 10769
Enactment Number: 14069
phone number of the operator to report complaints, and who can use the
facility (i.e. whether it is open to the general public, private, valet or self -
parking). Signage shall also comply with section 35-283 of the City Code.
5. All temporary parking lots shall comply with the lighting standards set
forth in section 35-288 of the City Code.
Prior to the issuance of a building permit, the planning director shall approve the
site and landscaping plans. or,G—F te t#c-iss1-IAn^o ^f aR ^^^61patie„al Iicense
plaRROR r depaFtMeRt shall appFeye the planomon4 9 iality and ciZe of
IaRGISGapiRg material
b. Duration of temporary parking use; extensions. Temporary parking lots shall not be
permitted to exist for a period of greater than ten years from the date of certificate of
occupancy or business tax receipt, whichever occurs first, regardless of ownership and
approved in accordance with standards set forth herein, below, and in section 62-
544 and the procedures utilized for the processing of a warrant in the Miami 21 Code. At
the end of this period, or such extensions that may be granted as contemplated herein, if
the lot continues to be used for the purposes of parking, a permanent lot shall be
constructed in conformity with the governing regulations set forth in the City Code and
land development regulations. However, prior to the expiration, or not later than 90
calendar days after the expiration of such approval, an applicant may request one initial
extension of time for a period not to exceed three years by filing an application for a
temporary parking use. In granting the initial extension of time, or considering an appeal
from the planning director's decision regarding an extension of time, the planning
director or planning, zoning and appeals board, as the case may be, shall consider,
among other things, whether the applicant has complied with all of the applicable
requirements of these land development regulations, and any conditions imposed by the
planning, zoning and appeals board, if any, during its period of operation, as well as any
awe.
After the first extension of time, and prior to expiration, or not later than 90 calendar days
after the expiration of such approval, an applicant may request from the planning director
not more than two extensions of time for periods not to exceed three years each. In
considering such a request, the planning director shall consider the same criteria applied
in his or her review of the initial request for approval of a temporary parking use.
At the end of all applicable extensions of time for a temporary parking lot, the lot shall
cease to be used for parking and the asphalt and rock base shall be removed apd
fGF S Gh rna.Rte RaRGe to the plaRRORg diFe GtGF feF his 9r her Feview and appfeva4.
*11
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 7 of 8 File ID: 10769 (Revision: A) Printed on: 6/27/2022
File ID: 10769
Enactment Number: 14069
Section 5. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
I " - V41 r� -,L�' --I " - V4f P-� , L�
ria i dez, 'City ttor ey 613012022 ria i " dez, ity Attor iey 5/30/2022
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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 8 of 8 File ID: 10769 (Revision: A) Printed on: 612712022