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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hafl 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fi.us File Number: 06-00261a Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 608.10, IN ORDER TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT; 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. 5, following an advertised public hearing, adopted Resolution No. PAB 24-06 by a vote of six to zero (6-0), recommending APPROVAL of amending Zoning Ordinance 11000, as amended, 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 Ordinance No. 11000, as amended, 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. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows: {1} ARTICLE 6. Special Districts. Sec. 6-8. SD-8 Miami Design District. Sec. 608.10. Minimum off-street parking. Except as otherwise provided herein, Minimum minimum off-street parking requirements shall be as follows: 1. Notwithstanding the limitations of section 918, offsite parking shall be permitted by Class II Special Permit without limitation on percentage of the required number of spaces or maximum distance from the principal use when located within the SD-8 zoning district. Furthermore, there shall be no required demonstration or findings of practical difficulty or unnecessary hardship in providing required parking on site, provided that the location of the offsite parking is within the SD-8 District or otherwise within one thousand (1,000) feet radius of the principal use if the parking is to be provided outside of the District, or there are permanent provisions made to transport the City of Miami Page 1 of 4 Printed On: 3/7/2006 File Number: 06-00261 a offsite parking patrons to and from the principal site at the property owners expense. 32. For individual restaurants area, there shall be a minimum of one (1) parking space per two hundred (200) square feet of gross floor area, 43. For residential uses, a minimum of one (1) parking space per dwelling unit shall be provided. For residential uses that are adaptive re -uses of existing structures only, built prior to 1985, required parking may be eliminated in its entirety by Class 11 Special Permit. 54. For the specified uses listed below, off-street parking requirements shall be modified as follows: a. For retail sales of furniture, home furnishings, lighting, art, kitchen equipment and furnishings, office furnishings, and similar design trade merchandise: one (1) space for every six hundred (600) square feet of gross floor area for the first 2,000 square feet of gross floor area, and thereafter, (1) space for every eight hundred (800) square feet of gross floor area. b. For office use: two (2) spaces for every one thousand (1,000) square feet of gross floor area. c. For photographic studios, film and video production, sound recording and post production studios: one (1) space for every five hundred (500) square feet of gross floor area. d. For wholesale trade (no point of sale to the general public): one (1) space for every (800) square feet. e. For storage (no point of sale to the general public): one (1) space for every three -thousand (3,000) square feet. f. For art gallery or museum use: three (3) spaces for the first 2,000 square feet and one (1) space for every two -thousand 2,000 square feet, thereafter. 608.10.1. The minimum parking requirements may be satisfied by providing the parking pursuant to Sec. 608.10.2, entitled "Shared parking" and 602.10.3, entitled "Payment in lieu of required off-street parking" providing the parking on site or as otherwise provided herein. City of Miami Page 2 of 4 Printed On: 317/2006 Fite Number: 06-00261a 608.10.2. Shared parking. 1. Shared parking for developments whose parking demands occur at different times may be permitted by Special Exception, in accordance with the following: a. All of the uses involved shall be located within the SD-8 district, except that application may be made via Class 11 to provide the necessary parking outside of the SD-8 district so long as the parking is provided within 1000 feet of the subject property; and b. The peak hours of operation for said uses shall not be concurrent. 2. Applications for shared parking shall be signed by the owners) of the property(ies) involved. Any shared parking agreement shall be accepted in the form of a recorded covenant running with the land, in favor of the city, and signed by the owner(s) of the property(ies) involved. The covenant shall also establish the limitations of the operating hours for all of the uses involved, the total number of parking spaces available and committed, and the beneficiary(ies) of the commitment(s). The planning director shall be notified by certified mail prior to any termination of the covenant. Such covenant shall be recorded, upon approval by the city attorneys office, subsequent to the issuance of the special exception but prior to the issuance of the certificate of use. Sec. 608.10.3. Payment in lieu of required offstreet parking. 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 chart included in section 602.10 of this Code, 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 offstreet parking is approved by the planning director, the property owner shall pay the required fee per space to the department of offstreet parking for deposit in a special fund entitled "Design District Parking Improvement Trust Fund" pursuant to the provisions of chapter 35, Sections 35-225 - 35-227 of the City Code. Payment may be made either as a flat lifetime fee or annually as a rental fee. 3. Both the lifetime flat fee and the annual fees for the parking waiver shall be as established by chapter 35. Sections 35-225 - 35-227 of the City Code. 4. If a property owner is entitled to pay a fee in lieu of providing required parking as provided for in this subsection, the payment, whether a flat lifetime fee or initial annual rental fee, shall be made in advance to the Design District Parking Improvement 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. 5. 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 City of Miami Page 3 of 4 Printed On: 3/7/2006 File Number: 06-00261a granted and the certificate shall run with the land. 6. 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 area ratio, shall be required to comply with the parking requirements for said additions or obtain waivers; certificates of waiver may be modified to include new square footage. 7. A waiver of required supplemental off-street parking issued under the provisions of this section shall be revoked: (1) if any required fees remain unpaid for more than one hundred twenty (120) days after the date due. The property owner shall be notified via certified mail to this effect forty-five (45) days prior to revocation; (2) if the structure for which it was issued is subsequently demolished whether by governmental action or voluntarily by the owner; any replacement structure will be eligible for a new waiver, pursuant to the provisions of this section. Sec. 608.10.4. Existing Structures. Notwithstanding the foregoing, no parking requirements will be applied against those properties that contain existing structures as of the date of the adoption of this ordinance, whether or not the property undergoes an adaptive reuse. Structural alterations and additions to existing buildings with nonconforming off-street parking characteristics shall be permitted." 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 4 of 4 Printed On: 3/7/2006