HomeMy WebLinkAboutLegislation SRSecond Reading Ordinance
File Number: 10-00694
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"),
ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS
DISTRICT AND.DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS,"
BY CREATING A NEW SECTION 35-220 ENTITLED "REQUIRED OFF-STREET
PARKING AND PAYMENT IN LIEU OF REQUIRED OFF STREET PARKING";
AMENDING SECTION 35-221 ENTITLED "COCONUT GROVE PARKING
IMPROVEMENT TRUST FUND ESTABLISHED"; CREATING SECTION 35"222
ENTITLED "REVOCATION OF CERTIFICATE OF USE FOR NON-PAYMENT OF
PARKING WAIVERS"; AMENDING SECTION 35-224 ENTITLED "SCHEDULE OF
FEES AND CHARGES FOR COCONUT GROVE PARKING TRUST FUND"; TO
CLARIFY THE OFF-STREET PARKING REQUIREMENTS AND PROVIDE FOR
ENFORCEMENT PROVISIONS FOR PAYMENT OBLIGATIONS CONTAINED
THEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is authorized by Section 166.271, Florida Statutes, to collect
a parking space waiver fee within the City of Miami, in the Coconut Grove Village Center as defined by
Section 35-221 of the code of the City of Miami, Florida, as amended (the "Code"); and
WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and
welfare of its citizens; and
WHEREAS, the City's current collection of the parking space waiver fee facilitates public
off-street parking, infrastructure improvements and maintenance and marketing within the Coconut
Grove Village Center; and
WHEREAS, the City wishes to ensure that its collection of the parking space waiver fee is
properly enforced, allowing the City to use the monies as described above;
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
and incorporated as if fully set forth in this Section.
Section 2. Chapter 35 of the Code of the City of Miami, Florida, as amended, is further amended in
the following particulars:{1}
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
City ofMiami Page I of 7 File Id. 10-00694 0f' rsion: 11 Printed On: 6/1/2010
City of Miami
City Hall
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Legislation
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Miami, FL 33133
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77 -
Ordinance
File Number: 10-00694
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"),
ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS
DISTRICT AND.DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS,"
BY CREATING A NEW SECTION 35-220 ENTITLED "REQUIRED OFF-STREET
PARKING AND PAYMENT IN LIEU OF REQUIRED OFF STREET PARKING";
AMENDING SECTION 35-221 ENTITLED "COCONUT GROVE PARKING
IMPROVEMENT TRUST FUND ESTABLISHED"; CREATING SECTION 35"222
ENTITLED "REVOCATION OF CERTIFICATE OF USE FOR NON-PAYMENT OF
PARKING WAIVERS"; AMENDING SECTION 35-224 ENTITLED "SCHEDULE OF
FEES AND CHARGES FOR COCONUT GROVE PARKING TRUST FUND"; TO
CLARIFY THE OFF-STREET PARKING REQUIREMENTS AND PROVIDE FOR
ENFORCEMENT PROVISIONS FOR PAYMENT OBLIGATIONS CONTAINED
THEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is authorized by Section 166.271, Florida Statutes, to collect
a parking space waiver fee within the City of Miami, in the Coconut Grove Village Center as defined by
Section 35-221 of the code of the City of Miami, Florida, as amended (the "Code"); and
WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and
welfare of its citizens; and
WHEREAS, the City's current collection of the parking space waiver fee facilitates public
off-street parking, infrastructure improvements and maintenance and marketing within the Coconut
Grove Village Center; and
WHEREAS, the City wishes to ensure that its collection of the parking space waiver fee is
properly enforced, allowing the City to use the monies as described above;
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
and incorporated as if fully set forth in this Section.
Section 2. Chapter 35 of the Code of the City of Miami, Florida, as amended, is further amended in
the following particulars:{1}
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
City ofMiami Page I of 7 File Id. 10-00694 0f' rsion: 11 Printed On: 6/1/2010
File Number: 10-00694
ARTICLE V. COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING
IMPROVEMENT TRUST FUNDS
Section 35-220 Required off-street parking and payment in lieu of required off street parking
The minimum off-street parking requirements shall be as depicted herein and/or in the zoning
ordinance of the City of Miami. Said minimum parking requirements may be satisfied by providing the
parking as stated in the zoning ordinance or by payment in lieu of required off-street parking, as
described herein.
1. Upon application to the planning director, the owner of a property may request a waiver of any or all
of the eligible parking spaces, as specified in the zoning ordinance by substituting the payment of a
fee per space in lieu of providing the required parking spaces.
2. If the application for the waiver of required off-street parking is approved by the planning director,
the property owner shall pay the required fee per space to the department of off-street parking for
deposit in a special fund, depending on the area for which the parking is located.
3._ Except as otherwise permitted for required supplemental parking for those uses specified in the
minimum required parking charts included the zoning ordinance, payment of the required fee per
space shall be made in the form of a payment of a fixed amount. The rental fee in lieu of required
supplemental parking shall be paid in accordance with chapter 35-224 below. as long as the
supplemental parking spaces for the specified use are required.
4. Fees for the parking waiver shall be as established by this chapter and the zoning ordinance.
5. If a property owner is entitled to pay a fee in lieu of providing required parking as provided for in this
section, the initial payment, shall be made in advance to the Coconut Grove parking improvement trust
fund, (the "Coconut Grove parking trust fund") as specified in the letter granting the waiver, and as a
condition precedent to the issuance of a parking waiver certificate, and of a certificate of use. Failure
to make any required payment shall cause the parking waiver and the certificate of use to be revoked.
6. Evidence of issuance of a waiver of required off-street parking shall be in the form of a certificate of
waiver, recorded in the Public Records of Miami -Dade County, at property owner's expense issued in
the name of the owner of the property for which the waiver is granted. The date on the certificate shall
be the effective date of the waiver thereby granted. Such certificate shall carry a statement allowing
the waiver to be transferred by the planning director to a new owner within ninety (90) days of a written
request to the director. Said transfer shall be granted, provided that all fees are current and other
requirements have been satisfied. A certificate of use shall not be issued for the use of any property
for which the parking requirements have not been satisfied as provided for herein.
7. The waiver of required off-street parking shall be applicable only to the structure and use for which
it is issued. New development or additions, or any construction generating additional square footage of
floor space or increasing the floor lot ratio, shall be required to comply with the parking requirements
for said additions or obtain proper parking approvals. Certificates of parking waiver may be modified
to include new square footage as long as the overall thresholds as specified in the zoning ordinance
are not exceeded.
8. A waiver of required supplemental off-street parking issued under the provisions of this section
shall be revoked if any required fees remained unpaid for more than ninety (90) days after the date
due.
Section 35-221 Coconut Grove Parking Improvement Trust Fund Established
(a)
There is hereby established a trust fund to be entitled the Coconut Grove busipess distri^+ arkin
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File Number: 10-00694
improvement trust fund, (the "Coconut Grove parking trust fund") to be maintained and administered
by the department of off-street parking into which funds shall be deposited and from which funds shall
be withdrawn pursuant to eGtinnc 35 222 and X35 this chapter to facilitate public off-street parking,
infrastructure improvements and maintenance and marketing to serve the area referred to herein as
"Coconut Grove Village Center" generally bound by Oak Avenue and Tiger Tail Avenue to the North,
S.W. 27th Avenue, South Bayshore Drive, both sides of McFarlane from Grand Avenue to South
Bayshore Drive, both sides of Grand Avenue from Margaret Street to Mary Street, both sides of Main
Highway from Grand Avenue to Commodore Plaza, both sides of Commodore Plaza, and the North
side of Main Highway from Commodore Plaza to Franklin Avenue consisting of that portion of the area
formerly known as the SD -2 zoning district east of Margaret Street, that portion of the area formerly
known as of the 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 2raas sl,211 be referred to here"-
"QeGG ,i t GFGV , Village QeRteF") through means which may include, but are not limited to the following
activities:
(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)
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
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
which may include the area from Bayshore Boulevard to the Coconut Grove Village Center;
(6)
Perform such other related activities as may be appropriate to carry out the intent of this article
including, but not limited to, reimbursement of administrative costs, infrastructure improvements in the
public right-of-way, contributing to maintenance of the public sidewalks within the business district
defined herein, as well as destination marketing.
��L7]
It is the intent of this article that at least 90 percent of the funds, as determined at the beginning of
each fiscal year, in the trust fund shall be utilized for subsections (a)(1)-(6). At least ten percent of the
funds must be maintained as reserves.
(-G) (8)
Any such shuttle, tram or trolley service, as mentioned in subsection (a)(65), shall be subject to yearly
evaluation of the Coconut Grove business improvement district board.
Sec 35-222 reserved. Revocation of certificate of use for non-payment of parking waivers
Failure to make any payment required by this article shall cause the zoning administrator to revoke the
parking waiver certificate and the certificate of use.. The zoning administrator shall revoke a parking
waiver certificate and a certificate of use if any required fees remain unpaid for more than sixty (60)
days after the date due. Said revocation of the parking waiver certificate and certificate of use shall be
effective immediately upon the department of off-street parking's notification to the zoning
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File Number: 10-00694
administrator that the required fees remain unpaid for more than sixty (60) days after the date due.
The department of off-street parking shall notify the parking waiver certificate holder and certificate of
use holder of the pending revocation by posting notice at the property, hand delivering a notice, or
mailing a notice. A parking waiver certificate holder or certificate of use holder may reinstate the
certificates by paying any unpaid fees. A parking waiver certificate holder or certificate of use holder
may challenge the revocation by requesting a hearing with the Zoning Administrator within ten days of
receiving notice. Upon presenting such evidence to the Zoning Administrator of proper payment, the
zoning administrator shall immediately reinstate any revoked certificates.
The city shall not issue a certificate of use for the use of any property for which the parking
requirements have not been satisfied as provided in this section.
Sec 35-223 Same - Funds made available; financial report.
(a)
Funds deposited in the Coconut Grove parking trust fund shall be made available to the Coconut
Grove business improvement district board ("BID board") for the purposes set forth in section 35-221
and for administrative expenses.
(b)
A financial report on trust fund receipts and expenditures shall be prepared annually at the close of the
fiscal year by the off-street parking department and presented to the BID board for its review and
approval prior to filing with the city clerk.
Sec 35-224. Same -Schedule of fees and charges for Coconut Grove parking trust fund
The schedule of fees and charges to be assessed and paid into the Coconut Grove parking trust fund
is as follows:
(1)
Fee in lieu of providing required off-street parking for sidewalk cafes: in addition to the $20.00 per
square foot permit fee required by the public works department, as specified in section 54-223, there
shall be paid an additional fee as set forth in subsections (3)c. and (3)e., in lieu of providing required
off-street parking, said funds shall be paid monthly into the Coconut Grove parking QgGeRut Gpeye
196IsiReSS diStFiGt imnr9VeR ne 1� trust fund.
(2) v
All property owners currently in possession of base parking space waivers as provided in Ordinance
11052, shall pay $540.00, per space per year, payable monthly (the "annual payment"). The annual
payment shall be inflation adjusted once at the end of each five year period. The first inflation
adjustment s4a4 commenced on January 1, 2007, reflecting the change from the prior year only, using
the consumer price index urban consumers (CPI -U). All property owners currently in possession of
base parking space waivers shall have the option of converting the existing waivers to conform to the
provisions set forth in subsection (3).
(3)
Fee in lieu of providing required off-street parking for the area formerly known as the SD -2 zoning
district herein described as the "Coconut Grove Central Commercial District" which consists of three
general areas. Area A generally consists of both sides of S.W. 37th Avenue from Oak Avenue to
Grand Avenue and both sides of Grand Avenue from Brooker Street to Hibiscus Street. Area B is
generally bound to the North by Oak Avenue from Allamanda Street to Mary Street, Mary Street to the
East, includes both sides of Grand Avenue from Margaret Street to Mary Street, both sides of
McFarlane Road from Grand Avenue to South Bayshore Drive, both sides of Main Highway from
Grand Avenue to Commodore Plaza including both sides of Commodore Plaza and Fuller Street.
City of Miami Page 4 of 7 File Id. 10-00694 (V�?rsion: 1) Printed On: 61112010
File Number: 10-00694
Area C includes the North Side of Main Highway from Charles Avenue to Franklin Avenue. p wAk"^* t^-
aFtinle 6 of QFGIinanne We 14 nnn as amended the 7nninn QFGIiRaRGe N9 11009, ed
as ameneet ti--�
reniRg GFdinaRGe of -the Stye Gf-Miami (th�Ze^inn GFdinan^e"`, shall be a follows:
a.
A purchase price of $5,400.00 per parking space waiver (the "purchase price.") The purchase price
shall be inflation adjusted once at the end of each five-year period. The first such adjustment s4a4
occurred on January 1st, 2007, reflecting the change from the prior year only, using the consumer
price index urban consumers (CPI-U). The purchase price shall be paid in either of the following two
ways, at the option of the property owner:
1.
Permanent certificate of waiver. Payment of the purchase price may be made at the time of application
for a permanent certificate of waiver. Upon receipt of the purchase price, the city shall issue a
"permanent certificate of waiver," recorded at the property owner's expense in the public records of
Miami-Dade County, Florida, to the property owner. The permanent certificate of waiver shall run with
the land, and may be leased to another owner of real property within the area formerly known as SD-2
district, now known as the Coconut Grove Central Commercial District with boundaries as described
above in onrnrrlanre With Se Gtinn Fns 1n n of the Znninn eFdinaRG9
2.
Installment payment program. The purchase price may be paid in installments over a self-amortizing
period of 15 years, but with a balloon payment after ten years from date of execution of an installment
payment agreement for permanent certificate of waiver (the "agreement"), with interest at one percent
below the bank prime rate. Each installment shall be referred to as a "payment." Bank prime rate shall
refer to the rate set by the banking institution used by the department of off-street parking (the
"department"). Payments shall be due and payable on the 1 st of each month (the "due date"). The
property owner shall pay a late fee of five percent of each payment which is not received within 15
days of the due date. Payments not made within 30 days after 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. If any payment is returned because of insufficient or uncollected funds in addition to any
other fee or charge due, the property owner shall be liable for a returned check charge in the amount
of five percent of the amount of the check; in such event, the department of off-street parking may
require that all future payments be made by cashier's check. In the event any payment is not received
by the department of off-street parking within 90 days of the due date, the applicable certificate(s) of
waiver shall be revoked by the zoning administrator, and the property owner shall forfeit any and all
rights thereunder, and any amounts paid pursuant to the agreement, and shall not be entitled to
participate further in the installment payment program, unless its to avail themselves of an alternate
installment payment program that becomes available. Notwithstanding the foregoing, the property
owner shall remain responsible for providing parking, or apply and pay for the necessary monthly
parking space waivers or make full payment.
b.
Reserved.
C.
The rental fee in lieu of providing the supplemental off-street parking required for restaurants, -a-,
GP8mied inSeGtio 692.19 4 Gf th8 ZG inn nrrlinnnnn shall be $600.00 per parking space, per year, to
be paid on a monthly basis, until a reduction of waiver certificate is obtained.
d.
Supplemental off-street parking spaces may be purchased for a fee, as set forth in subsection (3)a.1.
or 2., as may be applicable.
e.
All payments set forth in this subsection (3) shall be inflation-adjusted once at the end of each
City of Mia n:i Page 5 of 7 File Id. 10-00694 (version: 1) Printed On: 611/2010
File Number: 10-00694
five-year period, the first such adjustment &hal1 commenced on January 1 st, 2007, reflecting the
change from the prior year only, through the consumer price index -urban consumers (CPI -U).
f.
Payment of the fees set forth in subsections (3)a., b., and d., hereinabove shall permanently exempt
the respective property from the corresponding parking requirement for such use as specified in the
certificate of waiver.
(4)
Security deposit; fees. At time of execution of the waiver application, except for those property owners
participating in the installment payment agreement for permanent certificate of waiver, the property
owner shall provide the department of off-street parking with a security deposit or with a performance
bond in an amount sufficient to secure three months' payments under the waiver application. All
documentation, including the form of the security deposit and the performance bond shall be subject to
the approval of the city attorney as to form and correctness, and the performance bond shall be
subject to the review and approval of the city's risk manager. In the event the property owner fails to
make payments for a total of three consecutive months, the property owner shall forfeit any right and
interest to the security deposit or performance bond, whichever may be applicable. Upon such default,
the department of off-street parking shall retain the entire amount of the security deposit or
performance bond.
(5)
Fees in subsections (1) through (3) shall be due and payable on the 1st of each month (i.e. due date).
Fees not received within 15 days of the due date shall be charged a late fee of five percent of the
amount due. Fees not 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.
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY y\�
Footnotes:
City of Miaxi Page 6 of 7 File Id. 10-00694 (Version: 1) Printed Orr: 61112010
File Number: 10-00694
{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 Mianzi Page 7 of 7 File Id. 10-00694 (version: 1) Printed On: 61112010