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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading rd Date: 09/28/2021 Requesting Department: Office of Zoning Commission Meeting Date: 06/09/2022 Sponsored By: Type: Ordinance District Impacted: All Subject: Amend Code - Chapter 35 - Interim Parking Purpose of Item: This item will bring back the potential Citywide interim parking program. Presently, there are four (4) types of interim parking lots allowed, generally connected to certain uses (e.g., large assembly uses or special events). This item reintroduces a possible Citywide interim parking lot program that was previously repealed with certain parameters. Additionally, this item cleans up and clarifies certain language that related to the City's former zoning ordinance, Ord. No. 11000. Background Information: On January 9, 2014, the City Commission adopted Ord. No. 13427, requiring that the interim parking program for parking lots not tied to certain enumerated uses in the code was sunset and those lots were required to come into immediate compliance. On July 25, 2019 the City Commission adopted Ord. No. 13854 to address permits for those parking lots issued in error after the program lapsed. The City Commission issued a directive to bring back this program. Budget Impact Analysis Item has NO budget impact Reviewed By Department of Planning Cesar Garcia -Pons AICP Legislative Division Valentin J Alvarez Office of the City Attorney George K. Wysong III Office of Management and Budget Marie Gouin Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan City Commission Todd B. Hannon Legislative Division Valentin J Alvarez Office of the City Attorney George K. Wysong III Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 09/28/2021 3:50 PM Legislative Division Review Completed 11/09/2021 9:58 AM ACA Review Completed 11/23/2021 10:54 AM Budget Review Completed 11/23/2021 2:52 PM Deputy Attorney Review Completed 01/11/2022 9:05 AM Approved Form and Correctness Completed 05/30/2022 11:17 AM Meeting Completed 03/10/2022 9:00 AM Meeting Completed 05/12/2022 9:00 AM Legislative Division Review Completed 05/13/2022 9:16 AM ACA Review Completed 05/27/2022 11:58 AM Approved Form and Correctness Completed 05/30/2022 11:17 AM Meeting Completed 06/09/2022 9:00 AM Signed by the Mayor Completed 06/17/2022 3:46 PM Signed and Attested by the City Clerk Completed 06/17/2022 3:52 PM Rendered Completed 06/17/2022 3:52 PM City of Miami File ID: 10769 (Revision: A) Printed On: 6/30/2022 City of Miami Legislation Ordinance Enactment Number:14069 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; • Initial approval should include the submission of a master plan with some form of site plan; City of Miami File ID: 10769 (Revision: A) Printed On: 6/30/2022 • 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. 2ii'N"111719 MOW— ------------------- MINOR. �_Wffi 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: 10769 (Revision: A) Printed On: 6/30/2022 „Aden ci ihcon4inn 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 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 types of interim parking as follows: City of Miami File ID: 10769 (Revision: A) Printed On: 6/30/2022 Temporary special event parking; Short-term event parking; Interim special use parking; Interim temporary parking pilot pregrarn 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 Pe.p-resirleptiall„ zGRed 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 ciRgle family ZGRed 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 "„urrazv^,Rr'iRg 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; kimo 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. (3) Interim special use parking. Interim special use parking means parking permitted as a conditional use on RGR resideRtiall„ ",rem, 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 RGR resider,+iall„ ",red pFeper+iec 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 SiRgle family Z„r,ed a property zoned T3-R. T3-L. or T3-0. Special use areas may also include other public or private City of Miami File ID: 10769 (Revision: A) Printed On: 6/30/2022 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 andg 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) "end Limited -Term Citywide Parkinq 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 GeptFalcentral business district. Temporary commercial or non-commercial parking lots may be operated within the Urban central business 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 City of Miami File ID: 10769 (Revision: A) Printed On: 613012022 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 area's fronting a street or alley Shall 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 iss, ianne of a hi iciness tax receipt for a temporary parking let, ell the aoolinant ShSi ihmit a plan for a res61FFIRg crherli Ile that innli 1deS b Ht iS not limited to Gleaning the lot nliooino the hedge material reFnGVino and reola` iRg dead plat material fertilization and irrigation Said plan shall he appFeyed by the plan RORg rdiregtgr 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 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. , ; 09F to theissuanGe ef aR eeGupat+e,Ral Iieeese, the plat RORg rdepartrrme Rt shall appFeye the planemeRt quality and size of IarldSGapiRg 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 City of Miami File ID: 10769 (Revision: A) Printed On: 6/30/2022 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 ,n„ 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 aP4 fnr ci inh m;;intean;Area to the plaRROR r direan49r fnr hic nr hear reaview and approval *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. Section 5. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i "ndez, Cify Attor iey 5/30/2022 i ria i dez, Cify 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 File ID: 10769 (Revision: A) Printed On: 6/30/2022