Loading...
HomeMy WebLinkAboutLegislation - SUBCity of Miami Legislation Ordinance: 13455 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01021 Final Action Date: 5/22/2014 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PARTICULARLY BY AMENDING SECTIONS 35-220 THROUGH 35-250 TO UPDATE THE DESIGN DISTRICT PARKING IMPROVEMENT TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has an ordinance providing for a Design District Parking Improvement Trust Fund ("Trust Fund"); and WHEREAS, the ordinance has not been updated or revised to reflect current market rates or the rapid expansion of the Design District since 2006; and WHEREAS, the City Commission authorizes the amendment to the sections pertaining to the Trust Fund, as set forth in the Code of the City of Miami, Florida, as amended ("City Code"), and more particularly described below; and WHEREAS, particular boundaries have been previously established based on the former Zoning Ordinance No. 11000 and such boundaries are to remain delineated as such as depicted in "Exhibit A", attached and incorporated; and WHEREAS, a shared parking strategy is desired to promote the goals and further enhance the Design District and thus conform to the parking standards in the Miami 21 Code; 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 fully set forth in this Section. Section 2. Chapter 35/Article IV of the City Code, is amended in the following particulars:{1} "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC * City of Miami Page 1 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 File Number: 13-01021 Enactment Number: 13455 ARTICLE V. COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS Sec. 35-220. Required off-street parking and payment in lieu of required off-street parking. (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") or the Design District Parking Improvement Trust Fund, as applicable, 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. * Sec. 35-225. Design District Parking Improvement Trust Fund. (a) There is hereby established a trust fund to be entitled the design district parking improvement trust fund, ("trust fund") to be maintained and administered by the department of off-street parking ("DOSP") into which funds shall be deposited and from which funds shall be withdrawn pursuant to sections 35-226 and 35-227 to facilitate parking purposes within the area including but not limited to public off-street parking, infrastructure improvements and maintenance and marketing to serve the area consisting of the SD 8 zoning districts as depicted herein, in Exhibit A, and any abutting properties or properties partly within the boundaries depicted in Exhibit A ("Design 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/or expansion in conjunction with public transportation plans and operations in the vicinity, particularly, but not limited to, the joint facilities that might be operated in connection with Metrorail and any feeder services existing or developed in the future; (5) Provide accessibility to off-street parking facilities by suitable means such as public shuttle, tram or trolley service and/or 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_ (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)-(6). At least ten percent of the funds must be maintained as reserves. City of Miami Page 2 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 J z Z coo 7oz CL u < LLI ( x H • w F-: =�«az © two v) 0 z U I--tiu� File Number: 13-01021 Enactment Number: 13455 (c) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(6)(5), shall be subject to yearly evaluation of the design district improvement committee. (d) There is hereby created a Design District Improvement Committee ("Committee") that shall consist of seven (7) voting members and as many non -voting members, as may be necessary from time to time, at the discretion of the chief executive officer ("CEO") of DOSP, appointed as follows:: (1) The CEO shall be a non -voting member. (2) The District 5 Commissioner shall appoint two (2) voting members, who shall not require DOSP Board confirmation. (3) The director of planning and zoning of the City, or his/her designee, shall be a voting member who shall not require DOSP Board confirmation. (4) Two (2) voting members who shall be unassociated property owners of any assessed property within the boundaries of the Design District, who shall be subject to DOSP Board confirmation and shall serve two (2) year terms. (5) Two (2) voting members who shall represent unassociated retail and/or restaurant/bar establishments within the boundaries of the Design District, who shall be subject to DOSP Board confirmation and shall serve three (3) year terms. (6) At the discretion of the CEO, the CEO shall appoint non -voting members as may be necessary from time to time, who shall not require DOSP Board confirmation. (7) Nomination of initial members. The CEO shall appoint a committee nominating commission to solicit and screen applications, interview candidates, and submit nominations to the CEO for appointment to the initial committee. (8) Subsequent nominations and vacancies. A selection committee, chosen by the remaining Committee members, shall be formed and shall make nominations for filling these seats upon expiration of a term or in the event of any vacancy, and the DOSP Board shall confirm the nominees. (9) Quorum. Quorum shall consist of the presence of four (4) voting members. Sec, 35-226. Same -Funds made available; financial report. (a) Funds deposited in the trust fund shall be made available to the city commission department of off-street parking DOSP for the purposes set forth in section 35-225 and for administrative expenses after review and recommendation by the design district improvement committee {'committee") to commission DOSP and approval by the city commission DOSP Board following receipt and consideration of the committee's recommendation. DOSP shall submit annual financial reports to the City Commission on an annual basis. (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. Revocation of parking waivers. (a) Certificate of waiver holders as of February 23, 2014, participating in the installment payment program option must (i) procure a building permit process number on or before November 22, 2014 and subsequently obtain a building permit for construction within one (1) year of procuring City of Miami Page 3 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL File Number: 13-01021 Enactment Number. 13455 the process number or (ii) pay the balance on the installment agreement on or before November 22, 2015 and obtain a building permit within three (3) years of paying the outstanding balance. Failure to procure a building permit process number, a building permit, or pay the balance on the installment agreement as specified in this subsection shall render the certificate of waiver null and void. If a certificate of waiver is rendered null and void, a credit will be given for any payments made minus any administrative costs incurred by the City and/or DOSP. (b) Certificate of waiver holders participating in the Trust Fund after May 22, 2014, participating in the installment payment program option must procure a building permit for construction within one (1) year from the date of issuance of the certificate of waiver, Failure to procure a building permit within one (1) year from the date of issuance of the certificate of waiver under the installment payment program option shall render the certificate of waiver null and void. (c) Certificate of waiver holders as of February 23, 2014, who paid in full and received a permanent certificate of waiver are vested and not subject to revocation of the permanent certificate of waiver. However, any change to plans on file with the Planning Department which requires additional certificates of waiver for a project will be purchased at the current rate and according to current provisions established after May 22, 2014 as further clarified herein. (d) Certificate of waiver holders participating in the Trust Fund after May 22, 2014, who paid in full and received a permanent certificate of waiver must procure a building permit for construction no later than one (1) year from the date of issuance of the permanent certificate of waiver. Failure to procure a building permit within one (1) year from the date of issuance of the permanent certificate of waiver shall render the permanent certificate of waiver null and void and all payments shall be held as a credit for a future project as described in subsection (q) below. Such credit shall not be transferrable to another owner of real property within the Design District or any subsequent buyer of the subject property and as further clarified in Section 35-228(2)(b). (e) Changes in plans. Any substantial changes in plans on file with the Planning Department shall result in a review of the existing certificate of waiver. If a certificate of waiver is to be modified due to an increase in parking requirements, the additional certificates of waiver shall be purchased at the rate in existence at the time of the substantial modification. A substantial modification includes, but is not limited to, (i) a change in the footprint of a building by more than ten (10) feet in any horizontal direction, (ii) an increase in building height by more than five (5) feet or five (5) percent of the height of the building, whichever is greater; or (iii) a change in the proposed use. Building permit. Any building permit procured as specified in this section must remain active at all times. If a building permit becomes inactive or is otherwise abandoned, a revocation of the certificate of waiver shall be initiated as described in subsection (q) below. Any appeal of a building permit or similar development permit shall toll the time period specified in this section until a final decision is rendered on the appeal. (g) Revocation Process. Upon notice that the parking waiver certificate holder has not complied with the above requirements, the Zoning Administrator shall revoke the parking certificate waiver and certificate of use. The certificate of waiver holder and certificate of use holder shall be notified of the revocation by posting of the notice at the property, hand delivering of the notice, or mailing City of Miami Page 4 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 File Number: 13-01021 Enactment Number: 13455 of the notice. A parking waiver certificate holder or certificate of use holder may challenge the revocation by requesting a hearing through the Office of Hearing Boards within ten (10) days of the revocation. If a parking waiver certificate is being revoked for timeliness issues, the parking waiver certificate holder may present evidence to the Planning, Zoning and Appeals Board ("PZAB") of considerable delay due to the fault of the City, other governmental entity, or an act of God. If the PZAB so determines, the Zoning Administrator shall immediately reinstate any revoked certificates. If the PZAB approves the revocation of a certificate of waiver, the certificate of waiver holder shall receive credit for the future purchase of a certificate of waiver, minus three percent (3%) of monies paid, to represent an administrative fee. This amount will be in addition to the fifty percent (50%) non-refundable deposit referenced below and any filing fees. In the event of a revocation, DOSP shall record an instrument revoking rights to the permanent certificate of waiver. Sec. 35-2278, Same -Schedule of fees and charges. 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, 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) ercicc the purchase option is subsection (3). Notwithstanding the foregoing, the initial cost shall be year, the cost shall be $1,000.00, per space per year payable monthly ("second year payment"). The ar adjustment shall commence on January 1, 201 /1, reflecting the change from the prior year only, using the consumer price index urban consumers (CPI U). All property owners currently in poose'sion of provisions set forth in subsection (3). (8)-Fee in lieu of providing required off-street parking for the SD 88 Design District zoning district , he zoning ordinance No. 1000, as amended, the zoning ordinance of the city (the "zoning ordinance") shall be as follows: a. A purchase price of $45,000.0012,000.00 shall apply 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, 20149, 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: b. 1. Permanent certificate of waiver. Payment of the purchase price may shall be made at the time of application for a permanent certificate of waiver. Upon receipt of the full 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. A The permanent certificate of waiver issued prior to February 23, 2014, shall run with the land, and may be leased to another owner of real property within the SD 8 district Design District in accordance with section 602.10.E of the zoning ordinance. A certificate of waiver issued prior to February 23, 2014, under an installment program shall run with the land, and may be leased to another owner of real property within the Design District, unless revoked as set forth above. A certificate of waiver, either permanent or City of Miami Page 5 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS File Number. 13-01021 Enactment Number: 13455 obtained through the installment program issued after May 22, 2014, shall not run with the land and may not be leased. No certificate of waiver issued after May 22, 2014, shall vest unless the permanent certificate of waiver is paid in full and the owner procures a building permit for construction no later than one (1) year from the date of issuance of the permanent certificate of waiver. c. Installment payment program. A non-refundable fifty percent (50%) deposit along with a five hundred U.S. Dollar ($500.00) application fee shall be paid to DOSP upon filing the request for the installment payment program. The purchase price, minus the fifty percent deposit, shall then be paid in installments over a self -amortizing period of-(4) five (5) years, but with a balloon payment after three (3) ten years from date of execution of an installment payment agreement for permanent certificate of waiver (the "agreement"), with interest at one percent (1 %) 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 (5%) 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 (10%) 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 (5%) of the amount of the check; in such event, DOSP may require that all future payments be made by cashier's check. In the event any returned payment is not repaid and received by DOSP 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 as required by the Miami 21 Code, 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, as waiver certificate is obtained. Beginning in year six, the rental fee shall be $1,0800.00 per parking d. Supplemental off-street parking spaces may be purchased for a fee, as set forth in subsections (3)a.1. o-2-, 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, 20149, reflecting the change from the prior year only, through the consumer price index -urban consumers (CPI-U). . certificate of waiver. (1I) Security deposit; owners participating in the installment payment agreement for permanent certificate of waiver, the City of Miami Page 6 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 L o Z ii • 3• ER n o z 111 L1 w Q D ua Z w Q O , vi o`?w 0 co �,o7 File Number: 13-01021 Enactment Number: 13455 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 bc subject to the approval of r etain-the-entire-,am of ecurity eposit oF npeFormance bond (5) Fees in subsections (1) through (3) shall bc due and payable on the 1st of each month (i.e. due may be demolished. (7 3) 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. (84) 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 au capital improvements within the district defined herein. {-1-0} �5) Such other fees as may from time to time be authorized by the city commission. Secs, 35-2289-35-250. Reserved. 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 immediately upon final reading and adoption thereof. {2} APPROV `" 1 AS TO 'ORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: City of Miami Page 7 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 THIS DOCUMENT iS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS File Number: 13-01021 Enactment Number.' 13455 {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} 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 or upon the effective date stated herein, whichever is later. z 0 z LL m� 0 pz `n w d u 1 w°.< 2 Q z zwzE2 cc, u v)o z u = o ¢ o f- f- u o City of Miami Page 8 of 8 File Id: 13-01021 (Version: 6) Printed On: 9/4/2014 3. SUBSTITUTED City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com FiIumber, 13.01021 Final Action Date: A\ ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/A 'TICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTIT D "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRIC ' ND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PAR CULARLY BY AMENDING SECTIONS 35-220 THROUGH 35-250 TO UPDATE TH 'ESIGN DISTRICT PARKING IMPROVEMENT TRUST FUND; • CONTAINING A VERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DAT WHEREAS, the City of Mian ' ("City") has an ordinance providing for a Design District Parking Improvement Trust Fund ("Trust Fun• and WHEREAS, the ordinance has no een updated or revised to reflect current market rates or the rapid expansion of the Design District si e 2006; and WHEREAS, the City Commission autho es the amendment to the sections pertaining to the Trust Fund, as set forth in the Code of the City of • ami, Florida, as amended ("City Code"), and more particularly described below; and WHEREAS, particular boundaries have been pre ously established based on the former Zoning Ordinance No, 11000 and such boundaries are to ain delineated as such as depicted in "Exhibit A", attached and incorporated; and WHEREAS, a shared parking strategy is desired to prom Design District and thus conform to the parking standards in the e the goals and further enhance the i 21 Code; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIO OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Or. ance are adopted and incorporated as fully set forth in this Section. Section 2, Chapter 35/Article IV of the City Code, is amended in the following p- iculars:{1} "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC * * * City of M/wni Page 1 of 7 File Id: 13-01021 (Version: 5) Printed On: 5/12/2014 SUBSTITUTED File Number:: 13-01021 ARTICLE V, COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS 35-220, Required off-street parking and payment in lieu of required off-street parking. (5) If a pr. •erty owner is entitled to pay a fee in lieu of providing required parking as provided for in this section, e initial payment, shall be made in advance to the Coconut Grove parking improvement trust fund, (the 'Coconut Grove parking trust fund") or the Design District Parking Improvement Trust Fund, as applica: -, as specified in the letter granting the waiver, and as a condition precedent to the issuance of a parki ' waiver certificate, and of a certificate of use. Failure to make any required payment shall cause ' parking waiver and the certificate of use to be revoked. Sec, 35-225. Design District Irking Improvement Trust Fund, (a) There is hereby established a st fund to be entitled the design district parking improvement trust fund, ("trust fund") to be maintaine• -nd administered by the department of off-street parking ("DOSP") into which funds shall be deosited and from which funds shall be withdrawn pursuant to sections 35-226 and 35-227 to facilitate arkinq purposes within the area including but not limited to public off-street parking, infrastructure im• ovements and maintenance and marketing to serve the area consisting of the SD-8 zoning districts depicted herein, in Exhibit A, and any abutting properties or properties partly within the boun..ries depicted in ExhibitA ("Design District") through means which may include, but are not limited to e following activities: (1) Acquire fee simple or other interest in la and other real property for parking purposes; (2) Construct, maintain, operate, lease, mans•-, or otherwise provide off-street parking facilities for public use; (3) Provide public information to enhance parking . ilization including publicity campaigns, graphics and signage, and other informational devic, , (4) Coordinate plans for parking facility improvements ,-d/or expansion in conjunction with public transportation plans and operations in the vicinity, •articulariy, but not limited to, the joint facilities that might be operated in connection with Metror ' and any feeder services existing or developed in the future; (5) Provide accessibility to off-street parking facilities by sulfa:: means such as public shuttle, tram or trolley service anon related physical improvements su ' as bus shelters and right-of-way modifications; (6) Perform such other related activities as may be appropriate to c- ry out the intent of this article including, but not limited to, infrastructure improvements in the 'ublic right-of-way, contributing to maintenance of the public sidewalks within the business strict defined herein, as well as destination marketing, only through providing matehing--funds. (b) It is the intent of this article that at least 90 percent of the funds, as determined a the beginning of each fiscal year, in the trust fund shall be utilized for subsections (a)(1)-(6). At least to •ercent of the funds must be maintained as reserves, City of Miami Page 2 of 7 File Id: 13-01021 (Version: 5) Printed Ors; 5/1 14 (11 T (2) The Boar (3) Th who shall (4) boundaries o serve two (2) ye. (5) T (2) within the boundarie and shall serve three (6) At the discretion of the from time to time, who sh al Nomination of initial membe solicit and screen applications, appointment to the initial comma (8) Subsequent nominations and vac Committee members, shall be form expiration of a term or in the event of nominees. (9) Quorum. Quorum shall consist of the SUBSTITUTED File Number 13-01021 (c) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(-6).(5), shall be subject to yearly evaluation of the design district improvement committee. (• There is hereby created a Design District Improvement Committee ("Committee") that shall consist of -yen (7) vatinq members and as many non -voting members, as may be necessary from time to time, •t the discretion of the chief executive officer ("CEO") of DOSP, appointed as follows: CEO shall be a non -voting member. istrict 5 Commissioner shall appoint two (2) voting members, who shall not require DOSP onfirmation, The dir or of planning and zoning of the City, or his/her designee, shall, be a voting member t require DOSP Board confirmation. Two (2) voti • members who shall be property owners of any assessed_property within the e Design District, who shall be subject to DOSP Board confirmation and shall terms. Two 2 voting me hers who shall be represented by retail and restaurant/bar establishments of the Design District, who shall be subject to DOSP Board confirmation year terms. 0, the CEO shall appoint non -voting members as may be necessary not require DOSP Board confirmation, The CEO shall appoint a committee nominating commission to nterview candidates, and submit nominations to the CEO for e. cies, A selection committee, chosen by the remaining and shall make nominations for filling these seats upon y vacancy, and the DOSP Board shall confirm the pre ce of four (4) voting members. Sec. 35-226, Same -Funds made available; financial r ort, (a) Funds deposited in the trust fund shall be made availae to the e-eena-na+ssion department-ef off street paw DOSP for the purposes set forth in sectio 5-225 and for administrative expenses after review and recommendation by the design -district ice. -mcnt committee('eem-me-') to eitiL ee+-�a+niscio t DOSP and approval by the ommission-DOSP ; oard following receipt and consideration of the committee's recommendation, DOSP shall s it annual financial reports to the City Commission on an annual basis. (b) A financial report on trust fund receipts and expenditures shall be pr the fiscal year by the off-street parking department and presented to the committee for its review and approval prior to filing with the city clerk. Sec. 35-227, Revocation of parking waivers. ared annually at the close of 'an -diet -het +pa-provement- (a) Certificate of waiver holders as of February 23, 2014, participating in the instal ent payment program option must procure a building permit process number on or before Novem, -r 22, 2014 and subsequently obtain a building permit for construction within one (1) year of procu g the process number, or pay the balance on the installment agreement on or before Novemb._ 2, City of Miami Page 3 of 7 File id. 13-01021 (Version: 5) Printed On: 5/12/201 SUBSTITUTED Fife Number. 13-01021 2015. Failure to procure a building permit process number, a building permit, or pay the balance an the installment agreement as specified in this subsection, shall render the certificate of waiver null and void. If a certificate of waiver is rendered null and void, no refund or credit will be given r any payments made. (b) ertificate of waiver holders participating in the Trust Fund after May 22, 2014, participating in the i talIment payment program option must procure a building permit for construction, or pay the bal.. Ice on the installment agreement, within one (1) year from the date of issuance of the certificate if waiver. Failure to procure a building permit or pay the balance on the installment agreement, 'thin one (1) year from the date of issuance of the certificate of waiver under the installment pa ent program option shall render the certificate of waiver null and void, LI Certificate of iver holders as of February 23, 2014, who paid in full and received a permanent certifica . of waiver are vested and not subject to revocation of the permanent certificate of waiver, ` •waver, any change to plans on file with the Planning Department which requires additional certi tes of waiver for a project will be purchased at the rate established after May 22, 2014 as furth clarified herein. (d) Certificate of waiver holder participating in the Trust Fund after May 22, 2014, who paid In full and received a permanent certi rte of waiver must procure a building permit for construction no later than one (1) year from the de - of issuance of the permanent certificate of waiver. Failure to procure a building permit within one year from the date of issuance of the permanent certificate of waiver shall render the pe anent certificate of waiver null and void and all payments shall be held as a credit for a future proje as described in subsection (g) below. (e) Changes in plans. Any substantial champ, in plans on file with the Planning Department shall result in a review of the existing certificate of 'ver. If a certificate of waiver is to be modified due to an increase in parking requirements, the - ditional certificates of waiver shall be purchased at the rate in existence at the time of the ubstantial modification. A substantial modification includes, but is not limited to, (i) a Chang- ' the footprint of a building by more than ten (10) feet in any horizontal direction, (ii) an increase' •uildinq height by more than five (5) feet or five (5) percent of the height of the building, whichever i •neater; or (ill) a change in the proposed use. L Building permit. Any building permit procured as specified in is section must remain active at all times, If a building permit becomes inactive or is otherwise aba •oned, a revocation of the certificate of waiver shall be initiated as described in subsection (g) b ow. (q): Revocation Process. Upon notice that the parking waiver certificate 'older has not complied with the above requirements, the Zoning Administrator shall revoke the p- inq certificate waiver and certificate of use. The certificate of waiver holder and certificate of use .!der shall be notified of the revocation by posting of the notice at the property, hand delivering of thnotice, or mailing of the notice. A parking waiver certificate holder or certificate of use holder may allenge the revocation by requesting a hearing through the Office of Hearing Boards within ten 10) days of the revocation. Upon presenting such evidence to the Planning, Zoning and Appeals oard ("PZAB") of delay not due to the fault of the certificate of waiver holder or similar good .-use, if the PZAB so determines, the Zoning Administrator shall immediately reinstate any revoke City of Miami Page 4 q f 7 File Id: 13-01021 (Version: 5) Printed On: 5/12/2014 SUBSTITUTED ED File Nunber, 13-01021 certificates. If the PZAB approves the revocation of a certificate of waiver, the certificate of waiver holder shall receive credit for the future purchase of a certificate of waiver, minus three percent 3% of monies paid, to represent an administrative fee. This amount will be in addition to the fifty rcent 50% non-refundable de osit referenced below and an filing fees, In the event of a • re wa!v ation DOSP shall record an instrument revoking rights to the • ermanent certificate of Sec. 35.227,8. ame-Schedule of fees and charges. The schedule of f (1) Fee in lieu of pro square foot permit fee shall be paid an addition off-street parking, said fun (2) All retai-i-prep_ payment") in er e r •tA-GBi e cxerciee-t-he-pua $800.00, per spe-ee-pe- Ye-ar the -cast s 1;99 a„uaI-pays t l-bc $1,200,00 p payment shalklee-inf1 justeel-e adjustment-shiat- nlm-en&e--en--Ja -- the-een-s-umeceppi base par-king-spaee-wa-ivcrs shalleha-ve-t i preys et-fetth n {-8).Fee in lieu of providing required off-street par 'g for the SD-8 8 Design District Lei it -do t p reuant to a+ le-8-efQr-di se- 1-O00, as at--,. ••cd, the zoning or-d-inanseNe; 1000, as anted, the zoning ordinance of -the -sly -(the "zoniRL e -d+nan e") shall be as follows: a. A purchase price of $45,000,004 Q08:-90 shall a.•I,,.er parking space waiver (the "purchase price.") The purchase price shall be inflation adjusted on.- at the end of each five-year period. The first such adjustment shall occur on January 1, 20149, refl ting the change from the prior year only, using the consumer price index urban consumers (CPI-U). ■1 - eurchaoe-price sha1-be-pa+d-its-e-ither ,•'llh Ah�InN nf��fee err , -v'F' c' �",�, i}I'�pe'�t-y-'away b, -4,Per " an-e"fie ' ' . Payment of the purchase p e may shall be made at the time of application for a permanent certificate of waiver, Upon receipt of th, full purchase price, the city shall issue a "permanent certificate of waiver," recorded at the property o er's expense In the public records of Miami -Dade County, Florida, to the property owner. A - - •ermanent certificate of waiver issued prior to February 23, 2014, shall run with the land, and ma be leased to another owner of real property within the SD-8 district Design District illraoeoreian-- • 'e• -02;1-0,4-eft-he- zorsliase, A certificate of waiver issued .nor to Februar 23 2014 1 der an installment program shall run with the land and ma Design District unless revoked as set forth above. A certificate of waiver eithe •ermanent or obtained through the installment •ro.ram issued after Ma 22 2014 shall not run ith the land and may not be leased. No certificate of waiver issued after May 22, 2014, shall vest un ss the permanent certificate of waiver is paid in full and the owner •rocures a building •ermit .r construction no later t an one 1 ear from the date of issuance of the c. Installment payment program. A non-refundable fift .ercent 50% decosit along with a fi,- hundred U.S. Dollar ',500.00 a. •lication fee shall be .aid to DOSP u•on Ellin• the re•uest fo h be s and charges to be assessed and paid into the trust fund is as follows: 'ding required off-street parking for sidewalk cafes: in addition to the $20.00 per quired by the public works department, as specified in section 54-223, there fee as set forth in subsections (3)c. and (3)e., in lieu of providing required shall be paid monthly into the design district improvement trust fund. $120Q nn ,nor s ee p€ r r ntr7r�r eithiy-Connuol e-'• e egulations, in the event-o;r Rers- Deese -net to '.21 (\In♦•,aribh k.,nrJTg the foregeg'T-theie initbl ovs rhall-be- -%e-fore-year (4-rg. y {r`pw�,_ Fer-thses so - =e year payable-mant l " Gee d ye -a saynncnt"). T-he- per-yeaK-etaai- •e— nd-are-as -five year period. The first inflation-- 01 reflecting-the-slag-inge-from-t-he-pra^�, Vie"" only, ucng ■ operty ewnere currently in possession n _ I U). All pry, �y ., y ,,, N„�,.�.��,���f- ef ednv i-ng the x+sting-jai-v�ers-te conform to the leased to another owner of real • ..• ert within the ermanent certificate of waiv City of Miami Page 5 of 7 File 1d: 13-01021 (version: 5) Printed On: 5/12/2014 SUBSTITUTED Flle Number: 13-01021 installment payment program. The purchase price, minus the fifty percent deposit shall then be paid in installments over a self -amortizing period of (15) five (5) years, but with a balloon payment after ree (3) ten years from date of execution of an installment payment agreement for permanent c ificate of waiver (the "agreement"), with interest at one percent (1%) below the bank prime rate. Ea installment shall be referred to as a "payment." Bank prime rate shall refer to the rate set by the bank • institution used by the department of off-street parking (the "department"). Payments shall be due an. sayable on the 1st of each month (the "due date"). The property owner shall pay a late fee of five perc •t (5%) of each payment which is not received within 15 days of the due date. Payments not made withi 0 days after the due date shall be charged interest at the rate of ten percent (10%) per annum calcu ed monthly on the unpaid balance, including applicable late fees. If any payment is returned becau of insufficient or uncollected funds in addition to any other fee or charge due, the property owner s .II be liable for a returned check charge in the amount of five percent (5%) of the amount of the chec in such event, DOSP may require that all future payments be made by cashier's check. In the event a returned payment is not repaid and received by DOSP within 90 days of the due date, the appllcabl- ertificate(s) of waiver shall be revoked by the zoning administrator, and the property owner shall forfe any and all rights thereunder, and any amounts paid pursuant to the agreement, and shall not bntitled to participate further in the installment payment program, unless its to avail themselves of an ernate installment payment program that becomes available. Notwithstanding the foregoing, ' e property owner shall remain responsible for providing parking as. required by the Miami 21 Code, o -pply and pay for the necessary monthly parking space waivers or make full payment. ii-Reserved, o- '` entu! fee in liesp,o d1ng-the cup• mental off -street -paring required for restaurant -se -as - specified in under ccetion 602.10,1 of he- e4i ; ordina ental fec") for the first -years gall-be- 0.00 51,200,,00 pe parlong spare pe- _ be -paid on a monthly-lea-s4c, until a -reduction of w ve-ems tff4eato is obtaitaed-.-•Beg-'nn' e ' . he enta-I--fe—&hha-1I be $1,0800.00 per parking space; per y ar, to be paid on a motthiy-bacis, until rcductinnowaive QeN ate-i-s btatned d. Supplemental off-street parking spaces may be purched for a fee, as set forth in subsections (3)a.1. or-2-, as may be applicable. e. All payments set forth in this subsection (3) shall be inflatio adjusted once at the end of each five-year period, the first such adjustment shall commence on J. wary 1, 20149, reflecting the change from the prior year only, through the consumer price index -urban nsumers (CPI-U). f--Pa e t of t e-Bees cot forth in ubscctions-(3�aand- --herein. •ove-shall-peemenent1y exempt the -respective proper„ F o,m-thy responding -parking ree mo„t-fey- :.ch use as speei€ied-ire-tf-ie-- certifiea e w lver, (-4)-Seeu-rit}-deposit; fees. At time of executi^� nf� he-4 'ver ate ' = , = -e 4h se property owners--parti 4-at installment-pay-meat-agreemen e rans Bert' '- e of -waiver }e- {areperty-ewner shall provide the dcpart rt ith-tea uee city deposit-ot�v+�i# a a p: --4n-an- 'ai fount-euffE7iern4 4n noni irn 1-. rr. r� m •F a-pler41s-uhder i♦cat io 'Lee IT 1-nskuding4he eFrn-e-f-the security depesi4--a - e-performance bonol-;haH---be-subject-te -e-approval of the -city actor-�c_.._ yi aS 4a ferrn aepr- , i d ti Nei r-rnan e-b Rel-'shraii-be- object • the-reverw- a-nd perovof-of--the city's risk manage-rr--1-n-the—e the pr-opety owne taus-to-makes-p tetal-ef-t ree-sensocutive-n'r-enths, the property-owner-sl-rail-for#et any right-and-ihterrest-to th, security- deposit-or-i formance-bend wk fie ever may bee-pplea-bie--Upon such-de-feuhe depaitme City of'.Axiaini Page 6 of 7 File Id: 13-01021 (Version: 5) Printed On: 5/12/201 SUBSTITUTED File Number. 13-01021 retain-therentire amot+n#-of-tkre-sew-Hi#yL-depos4r-pertorr se -bond. {5 ghFOug►a-(3)--shalN3e due an€4fayable on -the -1st of each month-(ire,clue- dote), Foos nct rem d v.it" a-5-4la" the-dt-e-date--shati-be-Ghax'ged a late -fee of -five percent of 'thin-30-days of the -due date shall -be charged-i teu, -at-the-r-ate en percent -per-- nnut .leu-land mcnthi.y-e-n the--t a{ aiid-ba-lancc, inotuding app a Ie-late fees, {- c city si -I-grant-pawing credit for bui#d+ngs-bulafi-prior to 1960 that have been -demolished or 'shed:- (� U..n enactment of a city ordinance pursuant to F,S. § 166.271, authorizing the collection and disburse -nt of parking surcharge fees for infrastructure and other purposes defined therein, the des ro meenrtrust fund would receive the same percentage as derived from parking surcharge re ues from the design district. Said distributions would be retained in a separate account to he used excl ,ively for the purposes set forth in the ordinance governing the use of parking surcharge funds, (g4) Fees generate the use of design district sidewalks for sidewalk cafes for the purpose of • contributing to the ma 'tenance of the public sidewalks and infrastructure within those sidewalks in the business district as defi -d herein. { Funds budgeted -for- :. .' timprovements-wi##ifi the district as- def#ned herein. { -9} L5.) Such other fees as m- from time to time be authorized by the city commission. Secs. 35-22g9-35-250. Reserved. *11 Section 3. If any section, purl of a sect 1, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions oft 's Ordinance shall not be affected, Section 4. This Ordinance shall become effec e immediately upon final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words - d/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Astern s indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of to alendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall beme effective immediately upon override of the veto by the City Commission or upon the effective date s . ed herein, whichever Is later. City of Miami Page 7 of 7 File Id: 13.01021 (Version, 5) Printed On: 5/12/2014