HomeMy WebLinkAboutO-12163J-01-702
10/25/01
ORDINANCE NO. 1 1. `' 11
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
AMENDING CHAPTER 35, ARTICLE V, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "COCONUT GROVE PARKING IMPROVEMENT
TRUST FUND", BY AMENDING, REPEALING OR ADDING
LANGUAGE TO SECTIONS 35-221, 35-222 AND
35-224 OF THE CODE TO: (1) CLARIFY AND
PROVIDE FOR PAYMENT OF ADMINISTRATIVE COSTS
AND (2) MODIFY THE PAYMENT PROVISIONS BY
REDUCING THE LUMP SUM PAYMENT AMOUNT AND
PROVIDE FOR INSTALLMENT PAYMENTS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami (the "City") administration has
conducted a thorough review of the existing Coconut Grove Parking
Improvement Trust Fund and implementing legislation; and
WHEREAS, based on the review, the City Manager recommends,
and the City Commission finds, that certain amendments should be
made to the Coconut Grove Parking Improvement Trust Fund and the
Coconut Grove Central Commercial District to: (1) clarify the
permitted exceptions to the minimum number of parking spaces
required, (2) clarify the provisions of shared parking for mixed
use developments, (3) clarify and provide for payment of
administrative costs and (4) modify the payment provisions by
reducing the lump sum payment amount and provide for installment
payments; and
WHEREAS, Items (1) and (2) contained hereinabove will be
addressed in a companion Ordinance which will amend the Zoning
Ordinance No. 11000, as appropriate;
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 V, Sections 35-222 and
35-224 of the Code of the City of Miami, Florida, as amended, are
amended in the following particulars:l/
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE V. COCONUT GROVE PARKING IMPROVEMENT TRUST FUND
Section 35-221. Established.
(a) There is hereby established a trust fund to be entitled
the Coconut Grove parking improvement trust fund, (the "trust
fund") to be maintained and administered by the department of
off-street parking into which funds shall be deposited and from
1� 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.
Page 2 of 1212 163"
which funds shall be withdrawn pursuant to sections 35-222 and
35-224 to facilitate public off-street parking to serve the area
consisting of that portion of the SD -2 zoning district east of
Margaret Street, that portion of SD -17 zoning district west of
S.W. 27th Avenue, and that zone designated G/I in the city's
official zoning atlas and bounded by Charles Avenue on the south
and Main Highway on the east and presently occupied by the
Coconut Grove Playhouse (these areas shall be referred to herein
as "Coconut Grove Village Center") through means which may
include, but are not limited to the following activities by the
department of off-street parking:
(1) Acquire fee simple or other interest in land, and
other real property for parking purposes;
(2) Construct, maintain, operate, lease, manage, or
otherwise provide off-street parking facilities
for public use;
(3) Provide public information to enhance parking
utilization including publicity campaigns,
graphics and signage, and other informational
devices;
-(4)—Develep implement—and -fund -a landeaingpreg
fethese publie rights e f way in the
residential areas within a i -n -nn feet dius of the
Geeenut Greve Village Center adversely affeeted by
spill ever parking, te-the —emtnt neeessary te
Page 3 of 12 � 14
euro sueh aetiyiG
publi^ rights
e f
, exelus Or'e•—e'f fflaintena'ne•ej 9ZL'eh
way shall be as deted by
departffient
revitalizatien,
the reeeffimendatien
of
eeTm unit planning and
with due iisi-dcz-atrorr--given -ze
ef the Geeenut Greve parking
shall be preeessed
publie werks.
i
threugh the department e -r
Enhanees safety
ia; th 1,909
within
feet
and seems-ef residentialareas-
eas-
--radius ef the Geeenut --Greve
Village Center;
(6) i mp l effient— and
fund—a
traffie--aaanag eFaent assistLnee
(-74) Coordinate plans for parking facility improvements
and expansion with public transportation plans and
operations in the vicinity, particularly the joint
facilities that might be operated in connection
Page 4 of 12
with Metrorail and any feeder services existing or
future;
($5) Provide accessibility to off-street parking
facilities by suitable means such as public
shuttle, tram or trolley service and related
physical improvements such as bus shelters and
right-of-way modifications;
(46) 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.
(b) It is the intent of this article that at prciert—e
expenditiires p rsi3ant to it ( r) trieigT(3) in subs ceti'6n (a)T
abevei
items -(4) thre gh (6) c+ f f • eien+c r'cnds for --the implettentat ien
ems- tuts (4) threugh(6-)-- shall bedetermined by the department e -f
err -street parking --beard - after due—eensideratien is g±vee -t-e
eem«tee. At least -74 50 percent of the funds, as determined at
the beginning of each fiscal year, in the Trust Fund shall be
utilized for subsections (a)(1) through 4-3+ (5) hereinabove.
Section 35-222. Funds made available; financial report.
Page 5 of 12
(a) Funds deposited in the Trust Fund shall be made
available to the department of off-street parking for the
purposes set forth in Section 35-221 and for administrative
expenses after review and recommendation by the Coconut Grove
Parking Advisory Committee ("Committee") to the off-street
parking board and approval by the off-street parking board
following receipt and consideration of the Committee's
recommendation and the; all disbursals esti Fund fRonies h I
be made -ear -the recommendation of the director of the off-street
parking department_ en1 leaf}ede-eensider }; en is_gi�o=en to the
Sec. 35-224. Schedule of fees and charges.
(a) The Schedule of fees and charges to be assessed and
paid into the trust fund is as follows:
(2) All property owners currently in possession of
Base parking space waivers as provided in
Ordinance 11052, shall, ugen the-effeetive dam=
this erdinanee, pay $600.00, per space per year,
payable monthly. ===�1•. Said annual payment
shall be inflation adjusted once at the end of
each five year period, the first such adjustment
shall commence on January 1, 2007, reflecting the
change from the f euh -to- he fifth prior year
only, through the consumer price index urban
Page 6 of 12
consumers (CPI-U). All property owners currently
in possession of Base parking space waivers shall
have the option, at any time, of converting the
existing waivers to conform to the provisions set
forth in subsection (3) herein below.
(3) Fee in lieu of providing required off-street
parking for SD-2 zoning district pursuant to
article 6 of Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami (the "Zoning
Ordinance") shall be as follows:
(a) A Payment of $6,000.00 per parking space
waiver €er all F.A.R.-(ne e r area rime)- net
. Said
annual Payment shall be inflation adjusted
once at the end of each five year period, the
first such adjustment shall commence on
January 1St, 2007, reflecting the change from
the prior year only, through the consumer
price index urban consumers (CPI-U) die
fee shall be inereased annually eemmeneing in
the year 1997, by $1-,900.09 dntil it reaehe-d
$8,099-99 in1999. Said Payment shall be made
in one of the following ways:
i. Total Payment made at the time of
application. The property owner will be
Page 7 of 12
provided a "Permanent Certificate of Waiver"
which shall be recorded in the Public Records
of Miami -Dade County, Florida. Said Permanent
Certificate of Waiver may be transferred
along with the sale of the property or it may
be leased to another owner of real property
within the SD -2 District in accordance with
Section 602.10.4 of the Zoning Ordinance; or
ii. Total Payment payable over a self
amortizing period of six years, with interest
at 1% below the Bank Prime Rate. Payments
shall be due and payable on the 1st of each
month (i.e. Due Date). Payment not received
within 15 days after the Due Date shall be
charged a late fee of 5% of the amount due
Payments not made within 30 days after the
Due Date shall be charged interest at the
rate of 10% per annum calculated monthly on
the unpaid balance, including applicable late
fees. Provided, further that if Payment is
delinquent greater than 90 days the property
owner shall have their Permanent Certificate
of Waiver revoked by the Zoning
Administrator, and shall forfeit any and all
rights thereunder, and shall not be entitled
Page 8 of 12
to reapply for an installment Payment in the
future. Notwithstanding the foregoing, the
property owner shall remain responsible for
providing parkina, or apply and pay for the
necessary monthly parking space waivers or
make full Payment.
(b) Limited 6 month period following the
effective date of this Ordinance to convert
existing Base and Supplemental monthly
parking space waivers to Payment at a reduced
fee of $5,400.00 per parking space waiver in
accordance with section 35-224(a) (3) (i) or
ii) above.
(c) The rental fee in lieu of providing the
Supplemental off-street parking
required for restaurants, as specified in
arctiele-6 section 602.10.1 of the Zoning
Ordinance, shall be $600.00 per parking
space, per year, to be paid on a monthly
e basis, for so long as the
restaurant use remains in operation and - the
Page 9 of 12
o f required ef f sticeet p a r cing�te
or a Reduction of Waiver Certificate
Page 10 of 12 12163
is obtained.
(d)
Supplemental off-street
parking spaces may be purchased for a fee, as
set forth in section 35-224 (a) (3) (i) or (ii)
above a. er b. fie, as may be applicable.
(e)
All payments set forth in this subsection (3)
shall be inflation-adjusted once at the end
of each five year period, the first such
adjustment shall commence on January 1St,
2007, reflecting the change from the prior
year only, refleeting-- he—ehange frem th
fe rtka to the fifth rear, ems; through the
consumer price index -urban consumers (CPI -U).
(f)
Payment of the fees set forth in subsc; ions
section 35-224 (a) (3) a. , b., and d.,
hereinabove shall be permanently exempt the
respective property from the corresponding
parking requirement for such use as specified
in the certificate of waiver.
(4) Fees in subseetiens
section 35-224(a) (1) through (3)
above shall be due and payable on the 1st of each month
(i.e. Due
Date) nveieed and.pay ble—Tither atoms–as
applieableat
efuarte'l—mter-o-als . Fees not received
Page 10 of 12 12163
Paid within 15 days of the due date shall be charged a
late fee of five percent of the amount due. Fees not
pe -i -d received within 30 days of the due date shall be
charged interest at the rate of ten percent per annum
calculated monthly on the unpaid balance, including
applicable late fees.
(5) Such other fees as may from time to time be authorized
by the city commission- e- �p net limitedte,
parkin - mii=moi-ear-- fees fer new —deyelepm tthe
Geenidt Greve Village Genter.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 4. If any section, part of 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 thirty
(30) days after final reading and adoption thereof.21
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
October , 2001.
This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten 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.
Page 11 of 12
12163
PASSED AND ADOPTED ON SECOND AND FINAL READING this 15th
day of November , 2001.
JOE CAROLLO, MAYOR
Lbt;% ti
jgardiny sarne, Wlwoui L.1
ATTEST:
WALTER J. FOEMAN
CITY CLERK
W1122:YM*h:dd
CORRECTNESS:
Page 12 of 12
12 16 3)
PZ -1 6
Second Reading
PLANNING FACT SHEET
APPLICANT City of Miami Planning and Zoning Department.
HEARING DATE September 12, 2001
REQUEST/LOCATION Consideration of amending Chapter 35 of the City Code.
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending Chapter 35 of the Code of
the City of Miami, as amended, by amending Article V
entitled "Coconut Grove Parking Improvement Trust
Fund" in order to amend sections 35-221, 35-222 and
35-224 to: (1) Clarify and provide for payment of
administrative costs, and (2) modify the payment
provisions by reducing the lump sum payment amount
and provide for installment payments.
PLANNING
RECOMMENDATION Approval.
BACKGROUND AND
ANALYSIS The proposed amendment is in order to modify
provisions related to parking in Coconut Grove. The
amendment proposes specifically to: (1) Clarify and
provide for payment of administrative costs, and (2)
modify the payment provisions by reducing the lump
sum payment amount and provide for installment
payments. The Planning and Zoning Department
recommends approval based on findings that these
amendments will facilitate parking and the
administration of the Trust Fund in the Center Grove.
PLANNING ADVISORY BOARD Approval with conditions VOTE: 7-0
CITY COMMISSION Passed First Reading October 25, 2001.
APPLICATION NUMBER 01-049
Item #9
CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
9/5/2001
Page 1
12163
RESOLUTION PAB -78-01
A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION
OF AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, AS
AMENDED, BY AMENDING ARTICLE V ENTITLED "COCONUT GROVE
PARKING IMPROVEMENT TRUST FUND", IN ORDER TO AMEND
SECTIONS 35-221, 35-222 AND 35-224 TO: 1) CLARIFY AND PROVIDE
FOR PAYMENT OF ADMINISTRATIVE COSTS; AND 2) MODIFY THE
PAYMENT PROVISIONS BY REDUCING THE LUMP SUM PAYMENT
AMOUNT AND PROVIDE FOR INSTALLMENT PAYMENTS, SUBJECT TO
THE CONDITION THAT A FULL FINANCIAL DISCLOSURE OF EXISTING
AND PROPOSED BUDGET BE ADDED TO PACKAGE.
HEARING DATE: September 12, 2001
ITEM NO.: 9
VOTE: 7-0
ATTEST:
Aria)Wche4 Director
Planning add Zoning Department
12163
Coconut Grove Chamber of Commerce "Walk About Wednesdays" DD e
Media
RAy�V - wtyv.n .y •.... Wr •�.___ --- -
Seek sMnSo s* from one of tire two WP radio stations
with funding for the ase of spots if neoessary
lase ��4'eeler-
Creatvlces rendered for concept
development and design of masthead and look for
4-cctor, 4 -page losert, including aopYwdt1119, scans,
color cornp for approval, "ass for approval,
alterations, graphics and fines
fIm separations and color proofs for Mlantl Herald
Radio spot concepts, plus final production, and cds
for radio stations
Agency Fee'
Administrative Fee
•Chamber ill p1qce As In-house
Original Budget
Time FrAMS Expanse Budget Reductions TOTAL
D
$1
$18,5001
$6,5001
$10,000
31,500
$1,500
$0
$2,500
$2,500
as
$10,525
$10,5.25
$0
$7,500
31
$7,500
$101,075
$54,573J-45MO