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HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 09-01051zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", LIMITING THE LOCATION OF SHORT-TERM EVENT PARKING, CREATING AN INTERIM TEMPORARY PARKING PILOT PROGRAM, PROVIDING FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOWING FOR TIME EXTENSIONS WITH REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on October 7, 2009, following an advertised public hearing, adopted Resolution No. PAB-09-0039 by a vote of nine to zero (9-0), item No. P.1, recommending approval as set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting on October 7, 2009, following an advertised public hearing, adopted Resolution No. PAB-09-0039(a) by a vote of eight to zero (8-0), item No. P.1, recommending that the City Commission direct the Planning Department to conduct a longterm parking study on the Biscayne Boulevard corridor as well so that the temporary measure would not be necessary; and WHEREAS, the City Commission finds that the current economic conditions have discouraged economic growth, and that the creation of an interim temporary parking pilot program would encourage the availability of public parking that can assist in the revitalization of critical economic hubs within the City; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; 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. Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, is amended in the following particulars:{1 } "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS City of Miami Page 1 of 5 Printed On: 10128/2009 City of Miami City Hall 3500 Pan American Drive *tYC4NN'N0.Aik6 * Legislation Miami, FL 33133 www.miamigov.com � 4CJ,i't uc Ordinance File Number: 09-01051zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", LIMITING THE LOCATION OF SHORT-TERM EVENT PARKING, CREATING AN INTERIM TEMPORARY PARKING PILOT PROGRAM, PROVIDING FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOWING FOR TIME EXTENSIONS WITH REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on October 7, 2009, following an advertised public hearing, adopted Resolution No. PAB-09-0039 by a vote of nine to zero (9-0), item No. P.1, recommending approval as set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting on October 7, 2009, following an advertised public hearing, adopted Resolution No. PAB-09-0039(a) by a vote of eight to zero (8-0), item No. P.1, recommending that the City Commission direct the Planning Department to conduct a longterm parking study on the Biscayne Boulevard corridor as well so that the temporary measure would not be necessary; and WHEREAS, the City Commission finds that the current economic conditions have discouraged economic growth, and that the creation of an interim temporary parking pilot program would encourage the availability of public parking that can assist in the revitalization of critical economic hubs within the City; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; 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. Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, is amended in the following particulars:{1 } "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS City of Miami Page 1 of 5 Printed On: 10128/2009 File Number; 09-01051 zt Section 916. Interim parking. 916.1. Intent. It is intended that this section allow for a mechanism which will enable conditionally, unimproved and partially improved lots in the city to be utilized, for accessory parking purposes in a temporary fashion or as a component of facilities which require parking on an event by event basis, without having to comply with permanent parking requirements on the proposed interim lots to accomplish this goal. As specified herein, proposals subject to this section shall also ensure that safety measures are implemented which will safeguard users of the subject facilities. 916.2. Special 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. There shall be theek, four 4 types of interim parking as follows: (a1) Temporary special event parking and (Q) Short-term event parking. And (s3) Interim special use parking, and Interim temporary parking pilot program 916.2.1. Temporary special event parking. Temporary special event parking on unimproved interim parking lots, as defined herein, shall mean parking permitted pursuant to Class I Special Permit and only in conjunction with an approved special event that requires the additional parking to be accommodated on said lot(s). 916.2.2. Short-term event parking. Short-term event parking means parking permitted as a conditional use on non -residentially zoned lots, within a one thousand (1 000)foot radius of the major public facility they are intended to serve, pursuant to a Class II Special Permit subject to the applicable criteria in Section 1305, 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 single family zoned property. Renewals may only be granted by the City Manager upon findings and recommendations by the Director of the Department of Planning 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 Miami Police Department that pertain to the particular parking facility in question. 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. City of Miami Page 2 of 5 Printed On: 10/28/2009 File Number.' 09-01051zt 916.2.3. Interim special use parking. Interim special use parking means parking permitted as a conditional use on non -residentially zoned lots, within a one thousand (1000) foot radius of the special uses they are intended to serve, pursuant to a Class II Special Permit subject to the applicable criteria in Section 1305, and only in conjunction with uses such as special entertainment districts, historic districts which consist predominantly of non -residentially zoned properties, 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 zoned property. Special use areas may also include other public or private attractions and uses that are over ten (10) 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 Department of Planning 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 Miami Police Department that pertain to the particular parking facility in question. 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. 916.2.4. Interim temporary parking pilot program Interim temporary parking pilot 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 interim temporary- parking pilot program permits parking as a conditional use on non -residentially zoned lots that are a minimum of 10,000 square feet in size, within a one thousand (1,000) foot radius of the uses they are intended to serve pursuant to a Class II Special Permit subject to the applicable criteria in Section 1305 and only in conjunction with uses such as medium-sized institutional uses and medium-sized business uses that serve as critical economic hubs. A medium-sized business or institution employs 100 or more individuals or serves over 100 people per day. However no such interim temporary parking pilot program may be applied to property adjacent to abutting or across the street from single-family zoned property. Renewal of the parking approved in the interim temporary parking pilot program may be issued for one additional five-year period at the expiration of the initial five-year approval period by the City Manager. Said approval shall be based on findings and recommendations by the Director of the Department- of Planning that such renewal is in the best interest of the City for reasons related to insufficient parking in conjunction with uses such as medium-sized institutional uses medium-sized business uses that serve as critical economic hubs within one thousand (1,000) feet of the property. Renewals may include conditions to mitigate safety concerns that arise as reported by the NET Administrator Code Enforcement or the Miami Police Department that pertain to the particular parking facility in question Parking spaces provided under this interim temporary parking pilot program shall not be counted toward meeting required parking for any such special use they serve unless such parking facility is in common ownership with the property it is intended to serve or united with the property it is intended to serve by a covenant in lieu of unity of title All parking approved through this interim temporary parking pilot program as required parking shall be provided free to the public. 916.3. Considerations and standards City of Manzi Page 3 of 5 Printed On: 10128/2009 File Number: 09-01051 zt In order to mitigate any potentially adverse effects that unimproved interim parking lots may have on adjacent areas, all such facilities intended to be utilized as described in sections 916.2.21 and 916.2.3, and 916.2.4.above, shall be required to maintain a park -like appearance to consist of fully sodded lots over an approved stabilized, below grade, pervious system or any other type of system which provides a honeycomb type stabilized base underneath the lot and therefore allows for parking on the sod while not impeding drainage. In lieu of providing a park -like appearance as described above, a parking facility may be paved or consist of any combination of paving, gravel and grass upon approval by the city of a sufficient alternate drainage system. This requirement may also be met through the installation of porous asphalt, porous concrete a plastic grid system or block pavers only as approved by the Zoning Administrator and Building Director. Except for temporary special event parking (as defined above) associated with a Class I Special Permit, all other interim parking shall comply with applicable ADA requirements as set forth in the Florida Building Code, as amended from time to time. Interim parking may also be used for the temporary staging of miscellaneous equipment and/or vehicles necessary for any of the functions associated with an approved special event or an activity taking place in a major public facility subject to all applicable regulations and special permits listed above. All interim parking and staging activities permissible under this section shall be limited in duration to time and locations specified in the special permit obtained. The duration shall run concurrently with the event or activity requiring said parking or staging, and may be expanded on a limited basis to allow for preparation, disassembly and activities related to that specific event or activity. In addition to the considerations and standards listed generally in section 1305 of this ordinance, Class I and Class II Special Permits for interim parking facilities shall also consider the following: (a) Use of traffic monitors to facilitate vehicular flow into and out of such facilities during major events; (b) Use of specialized lighting features to ensure safety when such facilities are proposed for evening use; and (c) Use of perimeter fencing to assist in the control of access points and security of proposed lots while not in use. (d) Surface interim parking lots, which are located within the SD -5, SD -6, SD -7, SD -20 or designated CRA areas of Southeast Overtown/Park West or Omni, may also be required to comply with the conditions and criteria set forth in Section 917.3.2. as conditions to the special permits required herein or as conditions of time extensions granted by the City Manager. (e) All such interim parking lots may also be required to comply with any design standards and guidelines that may be in place for the specified area in which the parking lot is located (i.e. uniform signage, fencing and attendant kiosk standards). 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 City of Miami Page 4 of 5 Printed On: 10/28/2009 File Number. 09-01051zt declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after approval its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY U 1 Footnotes: {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. {2} 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. City of Miami Page 5 of 5 Pritzted On: 10128/2009