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HomeMy WebLinkAboutLegislation SR (Version 3)SECOND READING ORDINANCE City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00745 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VII, ENTITLED "MOTOR VEHICLES/ PRIVATE PARKING LOTS", MORE PARTICULARLY BYADDING NEW PARKING LOT REQUIREMENTS FOR LIGHTING, SIGNAGE AND USE AND FOR REVOCATIONS OF PERMITS AND ADDING NEW SECTIONS 35-288 THROUGH 35-291 TO CLARIFY ENFORCEMENT OF NON -COMPLIANT PARKING LOTS; AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 4, ENTITLED "PLANNING AND ZONING/ PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/ INTERIM PARKING" MORE PARTICULARLY BYADDING AN ADDITIONAL INTERIM PARKING PROGRAM TO SECTION 62-543 ENTITLED "TEMPORARY PARKING -CENTRAL BUSINESS DISTRICT" TO ALLOW ADDITIONAL COMMERCIAL PARKING ; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; enhanced parking lot lighting can attract customers, facilitate traffic and pedestrian safety, increase economic development, deter crime and vandalism, and create a sense of personal security; and WHEREAS, the City of Miami ("City") seeks to protect the citizens and visitors that park in these lots by adding certain requirements, while improving the visual aesthetics of the area; and WHEREAS, the City Commission feels this ordinance is in the best interest of the community; 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. Chapter 35/Article VII of the Code of the City of Miami, Florida, as amended entitled, "Motor Vehicles and Traffic/Private Parking Lots," is amended in the following particulars:{1} "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE VII. PRIVATE PARKING LOTS City of Mlaml Page 1 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013 File Number: 13-00745 Sec. 35-281. -Wise ce City Authorization required. Sal It shall be unlawful for any person or entity to engage in the operation or maintenance of a parking lot for a fee or charge, unless such person or entity is authorized by the City and has paid the_ appropriate a license fee in accordance with the provisions of this Code or other ordinances. (b) All private pay meters, pay stations or similar payment devices shall prominently display the name of the lot owner or operator and the lot owner or operator's phone number. The operator name and Togo, if applicable, shall not resemble the type or logo of the Miami Parking Authority. Sec, 35-282. Permit, certificate of use and a business tax receipt, records required. Laj_No person or entity shall engage in the operation or maintenance of a parking lot for a fee or charge unless such person holds a valid permit, certificate of use and a business tax receipt therefor. (b) Such permit shall serve as evidence of the operator's compliance with all building, zoning, finance, and lightinq requirements the Florida Building Code, the Florida Building Code- Accessibility and the Miami -Dade County Code, Chapter 8C. (c) Copies of the permit, certificate of use and business tax receipt must be displayed, or available, on the premises for ease of inspection by the City and at the office of the owner or operator. If no booth is available on -site, such documentation shall be displayed, or available for review, at the office of the owner or operator. Sec. 35-283. Signs indicating charges. (a) All persons properly licensed by the City to operate parking lots shall erect signs, one 1:11 at each entrance of the parking lot for which a certificate of use and a business tax receipt license is granted, or if only one entrance exists, then twe one al signs at such entrance_; -s Such signs are not to be smaller in size than two i_2j feet square feet, with letters not less than six n inches in size printed or painted thereon, indicating the price and fee charged for automobile parking and the period of time for which such fee or price is charged. The sign shall be displayed not less than five feet from the ground nor more than eight 0 feet above the ground. If lots are not being attended and are run electronically or by multi -space, pay and display equipment, rate information and company contact information shall be prominently displayed on the machine. (b) Signage for private owners and operators must also include: hours of operation, owner or operator name, and owner or operator address and phone number. It shall also include a statement disclosure: Operated by a private company. (c) All signage shall be in compliance with Miami 21, as amended. (d) Any parking lot advertisement must be accurate and not false or deceptive in any manner. (e) It shall be unlawful to place any temporary signs, such as "A" frame signs or any such similar signs outside the parking lot property, on the streets or sidewalks as prescribed by Chapter 54 of the City Code. Sec. 35-284. Alteration of charges; charges in excess of published rate. City of Miami Page 2 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013 File Number. 13-00745 price or fee for automobile parking to be charged during th shatl-berme-made-effective-only-as,-of-the following y, It shall be unlawful for any such licensee or his agent or employee to charge a rate or fee higher than the rate published on the signs erected on the parking lot or displayed on any pay & display equipment as provided for in section 35-283. Sec. 35-285. Revocation of license for violations. fal Conviction of the violation of any of the provisions of sections 35-281 through 35-28917— shall subject the violator to fines and/or the revocation of his certificate of use and business tax receipt by the city manager or his designee. The violator may request an appeal of the revocation of each to the Department of Hearing Boards, within 15 days of receipt of the revocation notice. (b) The City Manager, or his or her designee, may order the immediate cessation of the use of the parking lot for any violation of this Article where, in the opinion of the City Manager or his or her designee, the parking lot constitutes an immediate hazard to the health, safety, or welfare of the public, causing potential immediate harm to the users of said parking lot. (c) Any certificate of use revoked under subparagraph (a) above may be reinstated within 30 days following the completion of any and all required inspections. No such parking lot or part thereof shall be allowed to open if there is a violation outstanding. Sec. 35-286. Barriers at off-street parking areas adjacent to sidewalk or roadway; closures; entrance or exit. (a) All owners or operators of off-street parking areas adjacent to any sidewalk or roadway shall have a permanent -type barrier not less than four feet in height at all places where such parking area is bounded by sidewalks or roadways, except at permanently designated entrances and exits. (b) Barriers shall be made of aluminum or galvanized picket and shall be placed so as to prevent any vehicle from entering or leaving a parking area except at a permanently designated entrance or exit and so as to prevent any portion of a parked vehicle from extending beyond the boundary of the parking area. (c) The hours of operation of a parking lot shall be placed prominently displayed at each entrance or exit. When a parking lot is full, the employees of the owner or operator shall direct traffic to an adjacent parking lot with capacity or away from the parking lot entrance so as to prevent vehicles from obstructing travel on the adjacent right-of-way travel lanes. (d) Employees utilizing flags to facilitate ingress and egress from a parking lot are prohibited from standing in the public right-of-way, i.e. streets or sidewalks other than on the sidewalk immediately adjoining the parking lot within twenty (20) feet of the parkinq lot entrance or exit. At no time shall any such employee: (i) obstruct the flow of traffic within vehicular travel lanes; (ii) impede the full use and enjoyment of the adjoining sidewalk by public; or (iii) solicit business from the sidewalk for the parking lot of their owner operator by standing on the sidewalk adjoining a parking lot or business establishment by which they are not employed. Employees or licensees may receive traffic citations for obstructing traffic or further fines as allowed by this Article. Sec. 35-287. Temporary use of parking lots for special events. All private owners, operators, permit holders or affiliated entities operating one or more parking lots servicing special events at arenas, stadiums or other similar facilities within 500 feet of the property in City of Miami Page 3 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013 File Number: 13-00745 which the special event occurs must provide uniformed security for one hour prior to such events and for a minimum of 45 minutes after the event has concluded. A minimum of one sky off -duty or reserve police officer must be used as uniformed security by those private owners, operators, permit holders and their affiliated entities operating one or more parking Tots which, in the aggregate, have capacity for 125 or more vehicles during special events. Sec. 35-288. Continuous duty to maintain adequate lighting for parking lots; maintain parking lot in a clean condition. (a) All person(s) engaged in the operation or maintenance of a parking lot shall have a continuous, uninterrupted duty to maintain adequate lighting in said parking lot. The duty shall extend over all portions of the property being used for parking, including any ancillary landscaping features and all points of vehicular and pedestrian ingress and eqress. (1) Open parking lots and access thereto shall be provided with a maintained minimum of 1.0 foot-candle on the parking surface from dusk until dawn; provided, however, the lighting level may be reduced by fifty (50) percent on non -business days andi commencing thirty (30) minutes after the termination of business on each operating day. The uniformity ratio shall not exceed a twelve to one ratio (12:1) maximum to minimum foot-candles. (2) Alleys shall be provided with a maintained minimum of 1/3 foot-candle on the alley surface from dusk to dawn. The uniformity ratio shall not exceed a twelve to one (12:1) maximum to minimum foot-candles. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk -to -dawn hours such facilities are open. (3) Parking and non -enclosed areas under or within bui dings shall be maintained a minimum of 1 foot-candle of light on the walking and parking surfaces from dusk until dawn, and the ratio of maximum to minimum illumination in foot-candles shall not exceed twelve to one (12:1); provided, however, the lighting level may be reduced by fifty (50) percent on non -business days and commencing thirty (30) minutes after the termination of business on each operating day. It is provided that this provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk -to -dawn hours such facilities are open. (4) The area immediately outside of exterior doors shall have security illumination and shall be activated during the dark period of every day. (b) In addition to lighting, the parking lot must be free from hazardous conditions such as broken glass, debris, and pot holes. The lot must be kept in a safe and clean condition. fcl Each parking lot must have a dumpster or provide trash receptacles or be serviced by a commercial solid waste franchisee such that the property is free and clear of debris or litter. Sec. 35-289. Owner, Operator, and Employee requirements. (a) Employees must wear a uniform shirt with the parking lot owner or operator's company name and logo printed on it. (b) The name of all employees shall be listed by shift in the company records available for inspection at the parking lot location during its hours of operation or at the owner or operator's office during City of Miami Page 4 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013 File Number. 13-00745 regular business hours. (c) Employees must be paid wages pursuant to state and federal law. (d) No individual owner or operator, or shareholder or member of an ownership or operating entity, of any parking lot shall have a controlling financial interest in any booting or tow company servicing a parking lot for the same owner or operator. All parking lots must follow state and county towing and booting guidelines. Sec. 35-290. Compliance with the Interim Parking in Chapter 62, Article XIII, Division 4. ,(Al All parking lots in the interim temporary parking pilot program authorized pursuant to Sec. 62- 543(4) of the City Code must immediately come into full compliance with the Florida Building Code, the Florida Building Code- Accessibility and the Miami -Dade County Code, Chapter 8C, including, but not limited to, the requirements for landscaping, lighting, , asphalt, fencing, etc., based on the date set for compliance in the original application or achieve full compliance the aforementioned requirementswithin one (1) year of the effective date of this ordinance, whichever is later. ibl Any parking lot owner or operator of lots that has not previously availed themselves of the interim temporary parking pilot program authorized pursuant to Sec. 62-543(4) of the City Code by the effective date of this ordinance, must comply with and adhere to all regular requirements of state, county, and local laws and ordinances as it pertains to the permitting, operation, and maintenance of all parking lots. Nothing herein shall be deemed to preclude the continued use and permitting of conditionally improved, unimproved, and partially improved temporary parking lots as authorized pursuant to Sec. 62-543(1), (2), and (3) of the City Code. Sec. 35-291. Enforcement of this Article; Penalties. A violation of this section may be enforced pursuant to the provisions of prescribed in Chapter 2, Article X-Code Enforcement, Sec. 31-48 of the City Code, or under any other provisions allowed by law. The City of Miami Police may enforce the provisions of this Article pursuant to the above -cited provisions. Violations of this Article shall be cited in accordance with the schedule of civil penalties set forth in Sec. 2-289 of the City Code and as allowed by law. Secs. 35-2&S92-35-300. Reserved. Section 3. Chapter 62/Article XIII/Division 4 of the Code of the City of Miami, Florida, as amended, entitled, "Planning and Zoning/Planning and Zoning Approval for Temporary Uses and Occupancies; Permit Required/Interim Parking," is amended in the following particulars: {1} "CHAPTER 62 ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED City of Miami Page 5 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013 File Number. 13-00795 DIVISION 4. INTERIM PARKING Sec. 62-543. Temporary 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 on a temporary basis. There shall be five feuf types of interim parking as follows: Temporary special event parking; Short-term event parking; Interim special use parking; anel- Interim temporary parking pilot program; and Temporary parking - Central Business District (1) Temporary special event parking. Temporary special event parking on unimproved interim parking lots, as defined herein, shall mean parking permitted pursuant to a temporary permit and only in conjunction with an approved special event that requires the additional parking to be accommodated on said lot(s). (2) Short-term event parking. Short-term event parking means parking permitted as a conditional use on non -residentially zoned lots, within a 1,5000-foot radius of the major public facility they are intended to serve, pursuant to a temporary permit subject to the applicable __ criteria in division 2, 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 or designee upon findings and recommendations by the director of the department of planning and zoning 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 city police department that pertain to the particular parking facility in question. Such mitigation requests of the applicant shall be limited to the following: (i) improvements to or addition of pavement and striping; (ii) erection of lighting to the site in compliance with applicable governing requirements; (iii) the addition of a three (3) to five (5) foot landscaping buffer around the parking lot's perimeter; and (iv) the addition of aluminum or galvanized steel fencing around the parking lot's perimeter. 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. (3) Interim special use parking. Interim special use parking means parking permitted as a conditional use on non -residentially zoned lots, within a 1,5000-foot radius of the special uses they are intended to serve, pursuant to a temporary permit subject to the applicable criteria in division 2 above, and only in conjunction with uses such as special entertainment districts, City of Miami Page 6 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013 File Number: 13-00745 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 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 departments of planning and zoning 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 city police department that pertain to the particular parking facility in question. Such mitigation requests of the applicant shall be limited to the following: (i) improvements to or addition of pavement and striping; (ii) erection of lighting to the site in compliance with applicable governing requirements; (iii) the addition of a three (3) to five (5) foot landscaping buffer around the parking lot's perimeter; and (iv) the addition of aluminum or galvanized steel fencing around the parking lot's perimeter. 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. (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 1,000-foot radius of the uses they are intended to serve, pursuant to temporary permit subject to the applicable criteria in division 2 and only in conjunction with uses such as medium-sized institutional uses, medium-sized business uses that serve as critical economic hubs, and medium-sized business or institution that 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. 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. (5) Temporary parking- Central Business District. Temporary commercial or non-commercial parking Tots may be operated within the Central Business District. Such lots may be operated independent of a primary use. p Design requirements. All temporary Tots within the Central Business District shall adhere to the following minimum design requirements: 1. Parking lots shall be brought to grade with no less than one inch of asphalt over four -inch lime rock base; however, the public works director may require a six-inch lime rock base or thicker asphalt based upon the conditions at the site, the intensity at the site or, if trucks are intended to be parked on the site, that would require the additional support base. City of Miami Page 7 of 9 File Id: 13-00795 (Version: 3) Printed On: 12/23/2013 File Number: 13-00745 2. Surface storm water shall not drain onto adjacent property or a public right-of-way. If the public works director determines that there is insufficient area to accommodate drainage, additional measures may be required to adequately drain stormwater runoff. 3. A landscape plan that specifies and quantifies the existing and/or proposed plant material inclusive of mature shade trees, hedge material, ground cover and in -ground irrigation shall be submitted for review and approval by the planning director, according to the following criteria: a. At minimum, the plan shall indicate a three-foot wide, landscaped area bordering the surface area along a property line, street, alley or sidewalk. The areas fronting a street or alley shall be landscaped with a grouping of three palms every 15 linear feet of frontage or one canopy tree every 20 feet of frontage. All landscaped areas shall utilize grass or planted material acceptable to the planning and zoning departments. b. A hedge that is at least 36 inches in height at the time of planting shall be installed on the entire perimeter of the lot; hedges on street or alley frontages shall not exceed 42 inches in height at maturity. c. Landscaped areas shall require protection from vehicular encroachment. Car stops shall be placed at least 2'% feet from the edge of the paved area. d. All landscaping that is placed on the lot shall be maintained in good condition so as to present a healthy, neat and orderly appearance. Prior to the issuance of a business tax receipt for a temporary parking lot, the applicant shall submit a plan for a recurring maintenance schedule that includes, but is not limited to, cleaning the lot, clipping the hedge material, removing and replacing dead plat material, fertilization and irrigation. Said plan shall be approved by the planning director. 4. Signs. One sign per street frontage is permitted. The maximum size of each sign shall be five (5) square feet or 50 feet of street frontage. Such signs shall aslo include copy that indicates the name of the operator, the phone number of the operator to report complaints, and who can use the facility (i.e. whether it is open to the general public, private, valet or self -parking). Signage shall also comply with Sec. 35-283 of the City Code. 5. All temporary parking lots shall comply with the lighting standards set forth in Sec. 35- 288 of the City Code. Prior to the issuance of a building permit, the planning director shall approve the site and landscaping plans. Prior to the issuance of an occupational license, the planning department shall approve the placement, quality and size of landscaping material. (b) Duration of temporary parking use; extensions. Temporary parking lots shall not be permitted to exist for a period of greater than ten (10) years from the date of certificate of occupancy or business tax receipt, whichever occurs first, regardless of ownership and approved in accordance with standards set forth herein, below, and in Sec.62-544 and the procedures utilized for the processing of a Warrant in the Miami 21 Code. At the end of this period, or such extensions that may be granted as contemplated herein, if the lot continues to be used for the purposes of parking, a permanent lot shall be constructed in conformity with the governing regulations set forth in the city code and land development regulations. However, prior to the expiration, or not later than 90 calendar days after the expiration of City of Miami Page 8 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013 File Number: 13-00745 such approval, an applicant may request one initial extension of time for a period not to exceed three (3) years by filing an application for a temporary parking use. In granting the initial extension of time, or considering an appeal from the planning director's decision regarding an extension of time, the planning director or planning, zoning and appeals board, as the case may be, shall consider, among other things, whether the applicant has complied with all of the applicable requirements of these land development regulations, and any conditions imposed by the planning,,zoning and appeals board, if any, during its period of operation, as well as any landscaping on the property that may not be in compliance with the requirements listed above. After the first extension of time, and prior to expiration, or not later than 90 calendar days after the expiration of such approval, an applicant may request from the planning director not more than two (2) extensions of time for periods not to exceed three (3) years each. In considering such a request, the planning director shall consider the same criteria applied in his or her review of the initial request for approval of a temporary parking use. At the end of all applicable extensions of time for a temporary parking lot, the lot shall cease to be used for parking and the asphalt and rock base shall be removed and replaced with soil and landscaping, which shall be maintained until the property is developed for a use permitted in the zoning district. The owner of the property shall be responsible for maintaining such property and the landscaping and shall submit a plan for such maintenance to the planning director for his or her review and approval. Section 4. 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 5. This Ordinance shall become effective 30 days after final reading and adoption thereof. {2) APPR VED AS TO FORM AND CRECTNESS: c1 VICT RIA MENDEZ CITY ATTORNEY Footnotes: {1) Words and/or figures stricken through shll be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicae omitted and unchanged material. {2) This Ordiance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override and veto by the City Commission. City of Miami Page 9 of 9 File Id: 13-00745 (Version: 3) Printed On: 12/23/2013