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Home My WebLink AboutO-11415J-96-665 10/15/96 ORDINANCE NO. 11415 AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "MOTOR VEHICLES AND TRAFFIC," BY AMENDING ARTICLE VIII, if COCONUT GROVE PARKING IMPROVEMENT TRUST FUND," TO DELETE THE DIRECTOR OF THE OFF-STREET PARKING DEPARTMENT AS AN EX-OFFICIO NON -VOTING MEMBER OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE; TO REDEFINE THE SCOPE OF EXPENDITURES OF THE COCONUT GROVE PARKING TRUST FUND AND TO RESTRUCTURE THE SCHEDULE OF FEES AND CHARGES; MORE SPECIFICALLY BY AMENDING SECTIONS 35-191, 35-192, 35-193 AND 35-194 OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 11052, adopted by the City Commission. on March 25, 1993, established a trust fund to be maintained and administered by the Department of Off -Street Parking ("DOSP") for the purpose of receiving and providing funds to facilitate public off-street parking to serve the Coconut Grove Village Center; (as hereinafter defined); and WHEREAS, it is necessary to amend Article VIII, Chapter 35, Sections 35-191 and 35-192 of the Code of the City of Miami, Florida, as amended, to allow the Department of Off -Street Parking ("DOSP") to spend trust funds from the Coconut Grove Parking Improvement Trust Fund (the "Trust Fund") to acquire an interest in real property, to develop parking facilities within 11415 the Coconut Grove Village Center (as hereinafter defined), to implement mitigation devices in order to curb spill -over parking into the residential area to the north of the Coconut Grove Village Center and to implement traffic management assistance to facilitate pedestrian flow within the Coconut Grove Village Center; and WHEREAS, it is necessary to amend Section 35-193 of the Code of the City of Miami, Florida, as amended, to delete the requirement that the director of Department of Off -Street Parking serve as an ex-officio non -voting member; and WHEREAS, it is necessary to amend Section 35-194 of the Code of the City of Miami, Florida, as amended, to restructure the schedule of fees in order to make it consistent with the new parking regulations proposed to be set forth in Article 6 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article VIII, Chapter 35, entitled "Coconut Grove Parking Improvement Trust Fund," Sections 35-191, 35-192, 2 - 11415 35-193 and 35-194 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars--" "Sec. 35-191. 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 =ems -- the —purge a e—e €re eeivraga into which funds shall he deposited and from which funds shall be withdrawn pursuant to S cs 35-192 and 35-1_94 to facilitate public off-street parking to serve the A rp-A nonsisting of that portion of he Sn-2 zoning district east of Margaret Gtreet,--that-_pnrtinn of the Sn-17 zoning district west of S.W_ 27th Avenue, and that zone designated G/I in thc=. i_y of Miami's Offs --i a Z.Qni ng Atlas and bounded by r-harl es Avenue on the snuth and Main Highway on the east and presentlT oGGupi_ecd by the Coconut Grove Playhouse (these art -as shall be referr d to herein as "Coconut Grove Village Center-LL through means which may include, but are not limited to the following activities by the nepartment 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 ___ __ Jet'__ __ _itlq s-� the Geeenut Greve Gf f szrreet n .;k: __g �„regl- ..,, . � (3) Provide public information to enhance parking utilization including publicity campaigns, graphics and signage, and other informational devices; (4) BnteE late —agreements --with -ewneEEs of private eff—s_t1=eet pa-Aeing faellities when net needed by the ewneEs; 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. - 3 - I IL 415 (5) Enhance safety and security of residential areas within a one=thousand (1,000) feet-fnnt radius of tha Coconut Grove Vi_llag- n r; U• -IT • •• MI a a If• ��_. •_..-��- • lei • - V139MOY16- (62) 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 with metro -rail and any feeder services existing or future; (�$) 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; and (42) Perform such other related activities as may be appropriate to carry out the intent of this article. 4 - CC 111415 that - the intent of - ._- .• _.• - -• •._ 31160 Parking Advisory Committe- - aAt least seventy1 utilizedpercent of the fiinds in the this t-Trust f-Eund shall be for (1) through- - •• - and that Zi- -- (c) Any such shuttle, tram or trolley service, as mentioned in {7} 181 hereinabove, shall be subject to yearly evaluation of the off-street parking department, Cocoanut Grove Village Council and the Coconut Grove Chamber of Commerce. Sec. 35-192. Funds made available; financial report. (a) Funds deposited in the t-Trust -fEund shall be made available to the Department of Off-street Parking for any of the foregoing purposes after approval by the Off-gt-rpet Parking Board; all d;abLrGals of TrLst FLnd monies shall be made on the recommendation of an reeemmendatlen by the Geeenut GFeve— Parking Ad� Gemmittee and- the Director of the Off-street Parking Department only after di- o s;d.ra-ion is given to he written recommendation of the Coconut Grove Parking Advisory Committee-; street - parking ,.e r-a (b) A financial report on t-Trust -fEund receipts and expenditures shall be prepared annually at the close of the fiscal year by the off-street parking department and presented to the Coconut Grove Parking Advisory Committee. Sec. 35-193. Coconut Grove Parking Advisory Committee established; membership terms. (a) A Coconut Grove Parking Advisory Committee of nine (9) members shall be established by the City Commission to advise and recommend appropriate expenditures from the t-Trust f-Fund to the director of the off-street 5 - 11415 parking department. Tha nepartment of Off-s r__t Paring shall provide staff services as required_ Appointments shall be made as follows: (1) Three (3) members selected by the mayor from a list of at least seven (7) candidates proposed by the Coconut Grove Chamber of Commerce; (2) Four (4) members recommended by the Cocoanut Grove Village Council; (3) One (1) member recommended by the off-street parking authority; and (4) One (1) member appointed by the City Commission. The diFeeter of the—eff -street r..rki-' department —shall serveasan e3E ef f=ele—men veting—newer and the of f street r,' department shall previde staff s--. requirerequired- (b) Members shall be appointed for one-year terms, or until the nominating commissioner leaves office whichever occurs first. Sec. 35-194. Schedule of fees and charges. (a) The schedule of fees and charges to be assessed and paid into the t-Trust f-Eund is as follows: (1) Fee in lieu of providing new reQ i red off- street parking for sidewalk cafes: in addition to the twenty dollar ($20.00) per square foot permit fee required by the public works department, as specified in section 54- 111 of the City Code, an additional four dollars and eighty cents ($4.80) per square foot fee, in lieu of providing recall red off- street parking, shall be paid annually into the Coconut Grove Parking Improvement Trust Fund for that area of the public right-of-way occupied by the a sidewalk cafe. 11415 _u-•.-. the Zo4Lin-cL • . ._. - of thp CitY of u _u .- .. •. • ._• - ._ .- - 7 - 11415 W I11' / • / • / - AM- IMMIRMIKE4 / • - / - • - • • • • / • / / - • / 11 - • - / • • .. III ' / • / - " • / • • - • • • - 11 - / ' / oil • / ' - • - • • • - (4) Fees in (1) through (3) above shall be invoiced and payable either enee, er at ment hly Quarter]: intervals, as appreiri ate ap I i nahl P . Fees not paid within fifteen (15) days of the due date shall be charged a late fee of f ive percent ( 5°s ) of the amount due. Fees not paid within thirty (30) days of the due date shall be charged interest at the rate of ten percent (10%) per anum calculated monthly on the unpaid balance, including applicable late fee(s). (5) Such other fees as may from time to time be authorized by the city commission, including but not limited to, parking mitigation fees for new developments in the Coconut Grove Village Center. - 8 - 11415 Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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. PASSED ON FIRST READING BY TITLE ONLY this 30th day of October , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 21st day of November 1996. ?11-E—CAROLLO, MAYOR ATTEST 10e4-et4 WALTER J. EMAN CITY CLERK SUBMITTED BY: CK L PT. OFrFT,/FIRECTOR O ITY PLANNING D EVILI TION - 9 - 11415 PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. Q , III CITY ATTO17 W172:GMM:BSS - 10 - PZ- 14 SECOND READING PLANNING FACT SHEET APPLICANT Department of Community Planning and Revitalization APPLICATION DATE July 17, 1996 REQUESTILOCATION Amendment to Chapter 35, Article Vill of the City Code. LEGAL DESCRIPTION N/A. PETITION Consideration of amending Chapter 35, of the Miami City Code, as amended, by amending Sections 35-191, 35-19Z 35-193 and 35-194, in order to revise existing provisions regulating the operation of the Coconut Grove Parking Trust Fund, subject to pertinent regulations set forth in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami. PLANNING Approval. RECOMMENDATION BACKGROUND AND Please, see attached analysis. ANALYSIS PLANNING ADVISORY BOARD: Approval. VOTE: 8-0. CITY COMMISSION: Passed on First Reading on CC 10/30/96. APPLICATION NUMBER 96-261 July 17,1996 Item #7 Page 1 11415 PLANNING ADVISORY BOARD ANALYSIS ITEM 6. COCONUT GROVE PARKING IMPROVEMENT TRUST FUND The parking waiver system put in place with the implementation of the Coconut Grove Parking Improvement Trust Fund ( the "Trust Fund" ) has proven inefficient. (1) It has failed to satisfy the need of businesses to obtain waivers due to a cap designed to assuage concerns while unresponsive to the reality of shared parking in Coconut Grove. (2) It has been difficult to administer effectively and has proven to be extremely labor intensive. (3) Most importantly, it has failed to generate sufficient funds for the implementation of definitive parking solutions in terms of parking structures and mitigation devices. The amendment proposed seeks (1) to eliminate the cap, thus allowing new businesses to obtain the necessary- waivers to operate; (2) to curtail shared parking arrangements, thus reducing the administrative difficulties; and (3) to increase the fees in order to make them commensurate to real market values and to require that waivers for large development be paid up -front in order to increase the production of revenue to accelerate the pace of the desired results of the Trust Fund, namely to accommodate the parking needs of the Coconut Grove Village Center. APPLICATION NUMBER 96-261 July 17, 1996 RESOLUTION PAB - 38-96 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENT TO THE MIAMI CITY CODE, AS AMENDED, BY AMENDING ARTICLE VIII, CHAPTER 35, SECTIONS 35-191, 35-192, 35-193 AND 35-194, IN ORDER TO REVISE EXISTING PROVISIONS REGULATING THE OPERATION OF THE COCONUT GROVE PARKING TRUST FUND, SUBJECT TO PERTINENT REGULATIONS SET FORTH IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. HEARING DATE: July 17, 1996 VOTE: 8-0 ATTES C '� PR LFTD FR TOARTMENT CO TYj PLANNING & REVITALIZATION MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle VAIllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review Vila Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11415 In the .......... XXXXX ..................... Court, was published In said newspaper in the Issues of Dec 30, 1996 Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of onDOC xt preceding the first publication of the attached coertisement; and afflantfurthersaysthatshe hasnnor promisedanyrsofirmorcorpoation ant, rbate, commission or refundforthe puoseof thls advertisement for publication In the said ne 3 0 DecembeY' Sworn subscribed beforems th ...... day of ......................... A.D. 19...... (SEAL) Sookle tAllillams peroO g4nPbQ* to OFFICIAL NOTARY SEAL e}iERYL H MARMER Z l { ? (1 COMMISSION NUMDER d CC545384 COMMISSIONMY OF f�APR EXPIRES 2000