HomeMy WebLinkAboutO-13430City of Miami
Legislation
Ordinance: 13430
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01021a Final Action Date: 2/13/2014
(4/5THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BYA
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, ESTABLISHING A ONE
HUNDRED AND TWENTY (120) DAY TEMPORARY MORATORIUM ON THE
ISSUANCE OF PARKING WAIVER CERTIFICATES ISSUED PURSUANT
TO SECTIONS 35-225-228 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; PROVIDING FOR A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 12851 on September 28, 2006
("Ordinance"), authorizing the issuance of parking waiver certificates ("Certificates") to property
owners in order to facilitate redevelopment activity within the Miami Design District ("District"); and
WHEREAS, the District has undergone a substantial transformation since the Ordinance's
adoption and the actual costs to develop off-street parking within the District now greatly exceed
the fee for obtaining a Certificate; and
WHEREAS, the City of Miami ("City") has received not less than ten (10) applications for
Certificates for off-street parking spaces in recent months, totaling approximately 290 spaces,
since City staff initiated efforts to introduce an ordinance that, among other things, would increase
in the fee to obtain a Certificate; and
WHEREAS, the continued submittal of the Certificate applications at the current rates
threatens the viability of the Certificate program, the renaissance underway within the District, and
the peace and tranquility enjoyed by the abutting residential neighborhoods; and
WHEREAS, a temporary moratorium will allow the City to determine how best to modify the
governing regulations to protect both the quality of life in and around the District and general
welfare of the City's residents, businesses, and visitors; and
WHEREAS, the City has determined that it needs an additional one hundred and twenty (120)
days to promulgate the necessary revisions to ensure the continued viability of the program; 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 and its residents, businesses, and visitors
to temporarily halt the issuance of Certificates for one hundred and twenty (120) days by adopting
this emergency ordinance;
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.
City of Miami
Page 1 of 2 File Id: 13-01021 a (Version: 1) Printed On: 12/18/2017
File Number: 13-01021a Enactment Number: 13430
Section 2. There is imposed, during the time that this Ordinance is in effect, as specified in
Section 3 below, a moratorium on the issuance of Certificates.
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 is declared to be an emergency measure on the grounds of the
urgent public need for the preservation of peace, health, safety, and property of the City.
Section 5. The requirements of reading this Ordinance on two (2) separate days is
dispensed with on an affirmative vote of not less than four -fifths (4/5ths) of the members of the City
Commission.
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.{1}
Footnote
{1} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar
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.
City of Miami Page 2 of 2 File Id: 13-01021a (Version: 1) Printed On: 12/18/2017