Loading...
HomeMy WebLinkAboutLegislation (Version 1)City of Miami Legislation Ordinance City Hail 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 06-00261 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, OF THE CODE OF THE CITY OF MIAMI, ENTITLED "MOTOR VEHICLES AND TRAFFIC", BY AMENDING ARTICLE V, IN ORDER TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT AS SPECIFIED 1N ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 15, 2006 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 23-06 by a vote of six to zero (6-0) recommending APPROVAL of amending the Miami City Code as hereinafter set forth; 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 inhabitants to amend the City Code 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 35, Article V of the Miami City Code, as amended, is hereby amended by amending the text of said Ordinance as follows: {1} * * "ARTICLE V. COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS* Sec. 35-221. Coconut Grove Parking Improvement Trust Fund Established. (a) There is hereby established a trust fund to be entitled the Coconut Grove business district 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administered by the department of off-street parking into which funds shall be deposited and from which funds shall be withdrawn pursuant to sections 35-222 and 35-224 to facilitate public off-street parking, infrastructure improvements and maintenance and marketing to serve the area consisting of that portion of the SD-2 zoning district east of Margaret Street, that portion of the SD-17 zoning district west of S.W. 27th Avenue, and that zone designated Gil 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: City of Miami Page 1 of 8 Printed On: 3/7/2006 File Number: 06-00261 (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; (6) 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, contributing to maintenance of the public sidewalks within the business district defined herein, as well as destination marketing (only through providing matching funds.) (b) 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) through (6) herein above. At least ten percent of the funds must be maintained as reserves. (c) Any such shuttle, tram or trolley service, as mentioned in subsection (a) (6) herein above, shall be subject to yearly evaluation of the Coconut Grove Business Improvement Committee. Sec. 35-222. Coconut Grove Parking Improvement Trust Fund Funds made available; financial report. (a) Funds deposited in the trust fund shall be made available to the city commission or the purposes set forth in section 35-221 and for administrative expenses after review and recommendation by the Coconut Grove Business Improvement Committee. ("committee") to the city commission and approval by the city commission following receipt and consideration of the committee's recommendation. (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 Coconut Grove Business Improvement Committee for its review and approval prior to filing with the city clerk. Sec. 35-223. Reserved, Sec. 35-224. Coconut Grove Parking Improvement Trust Fund Schedule of fees and charges. (a) The schedule of fees and charges to be assessed and paid into the 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 of the city Code, 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 business City of Miami Page 2 of 8 Printed On: 3/7/2006 File Number: 06-00261 district improvement trust fund. (2) AU 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 shall commence 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 SD-2 zoning district pursuant to Article 6 of Ordinance No. 11000, as amended, the Zoning Ordinance No. 11000, as amended. the Zoning Ordinance of the City of Miami (the "Zoning Ordinance") 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 shall occur 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: i. 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 SD-2 District in accordance with Section 602.10.4 of the Zoning Ordinance. ii. 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 1st 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 may require that all future payments be made by cashier's check. In the event any payment is not received by the department 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, City of Miami Page 3 of 8 Printed On: 3/7/2006 File Number: 06-00261 as specified in section 602.10.1 of the zoning ordinance, 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 35-224(a)(3)(a)(i) or (ii) above, 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 lst, 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 subsection 35-224(a)(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 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 shall retain the entire amount of the security deposit or performance bond. (5) Fees in section 35-224(a)(1) through (3) above 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. (6) The city shall grant parking credit for buildings built prior to 1960 that have been demolished or may be demolished. (7) Upon enactment of a city ordinance pursuant to F.S. § 166.271, authorizing the collection and disbursement of parking surcharge fees for infrastructure and other purposes defined therein, the Coconut Grove business improvement trust fund would receive the same percentage as derived from parking surcharge revenues from Coconut Grove (defined as that portion of the city bounded by the Rickenbacker Causeway and US-1 to the north and west, and the city limits to the west, south and east). Said distributions would be retained in a separate account to be used exclusively for the purposes set forth in the ordinance governing the use of parking surcharge funds. (8) Fees generated by the use of Coconut Grove sidewalks for sidewalk cafes for the purpose of contributing to the maintenance of the public sidewalks and infrastructure within those sidewalks in the business district as defined herein. (9) Funds budgeted for the maintenance and repair of all capital improvements within the district as defined herein. (10) Such other fees as may from time to time be authorized by the city commission. 250. Resed-: City of Miami Page 4 of 8 Printed On: 3/7/2006 File Number: 06-00261 Section 35-225 Design District Parking Improvement Trust Fund Established (a) There is hereby established a trust fund to be entitled the Design District improvement trust fund, ("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 sections 35-226 and 35-227 to facilitate public off-street parking, infrastructure improvements and maintenance and marketing to serve the area consisting of the SD-8 zoning district 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; (6) 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, contributing to maintenance of the public sidewalks within the business district defined herein, as well as destination marketing (only through providing matching funds.), (b) 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) through (6) herein above. At least ten percent of the funds must be maintained as reserves. c) Any such shuttle, tram or trolley service, as mentioned in subsection (a) (6) herein above, shall be subject to yearly evaluation of the Design District Improvement Committee. Sec. 35-226 Design District Parking Improvement Trust Fund Funds made available; financial report. La) Funds deposited in the trust fund shall be made available to the city commission or the purposes set forth in section 35-225 and for administrative expenses after review and recommendation by the Design District Improvement Committee ("Committee") to the city commission and approval by the city commission following receipt and consideration of the committee's recommendation. (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 Design District Improvement Committee for its review and approval prior to filing with the city clerk. Sec. 35-227. Design District Parking Improvement Trust Fund Schedule of fees and charges. (a) The schedule of fees and charges to be assessed and paid into the trust fund is as follows: City of Miami Page 5 of 8 Printed On: 3/7/2006 File Number: 06-OO261 i1) 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 of the city code, 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 Design District Improvement Trust Fund. (2) 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 ("Annual Payment."). The annual payment shall be inflation adjusted once at the end of each five year period. The first inflation adjustment shall commence on January 1, 2011, 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 SD-8 zoning district pursuant to Article 6 of Ordinance No. 11000, as amended, the Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami (the "Zoning Ordinance") 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 shall occur on January 1, 2011, 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: i. 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 SD-8 District in accordance with Section 602.10.4 of the Zoning Ordinance. ii. 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 1st 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 may require that all future payments be made by cashier's check. In the event any payment is not received by the department 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. City of .M1liatni Page 6 of 8 Printed On: 3/7/2006 File Number; 06-00261 b. Reserved. c. The rental fee in lieu of providing the supplemental off-street parking required for restaurants, as specified in section 602.10.1 of the zoning ordinance, 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 35-227(a)(3)(a)(i) or (ii) above, 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 1, 2011, 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 subsection 35-227(a)(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 with a security deposit or with a performance bond in an amount sufficient to secure three months' payments under the waiver application. Ali 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 shall retain the entire amount of the security deposit or performance bond. (5) Fees in section 35-227(a)(1) through (3) above shall be due and payable on the lst 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. (6) The city shall grant parking credit for buildings built prior to 1960 that have been demolished or may be demolished. (7) Upon enactment of a city ordinance pursuant to F.S. § 166.271, authorizing the collection and disbursement of parking surcharge fees for infrastructure and other purposes defined therein, the Design District Improvement Trust Fund would receive the same percentage as derived from parking surcharge revenues from the Design District. Said distributions would be retained in a separate account to be used exclusively for the purposes set forth in the ordinance governing the use of parking surcharge funds. (8) Fees generated by the use of Design District sidewalks for sidewalk cafes for the purpose of contributing to the maintenance of the public sidewalks and infrastructure within those sidewalks in the business district as defined herein. (9) Funds budgeted for the maintenance and repair of all capital improvements within the district as defined herein. City of Miami ni Page 7 of S Printed On: 3/7/2006 Fite Number. 06-00261 (10) Such other fees as may from time to time be authorized by the city commission. Sections 35-228 - 35-250. Reserved. 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. {2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 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 8 of 8 Printed On: 3/7/2006