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HomeMy WebLinkAboutLegislation FR (Version 1)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com File Number: 13-01021 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 35-225 THROUGH 35-250 TO UPDATE THE DESIGN DISTRICT PARKING IMPROVEMENT TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has an ordinance providing for a Design District Parking Improvement Trust Fund ("Design District 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 Design District 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 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; 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 if 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 * * * * ARTICLE V. COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING City of Miami Page 1 of 6 File Id: 13-01021 (Version: 1) Printed On: 2/3/2014 File Number, 13-01021 IMPROVEMENT TRUST FUNDS Sec. 35-225. Design District Parking Improvement Trust Fund. (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by the department of off-street parking ("DOSP") into which funds shall be deposited and from which funds shall be withdrawn pursuant to sections 35-226 and 35-227 to facilitate parking purposes within the area including but not limited to public off-street parking, infrastructure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 zoning districts as depicted herein, 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. (c) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(6)f, 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 7 voting members and 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: The CEO shall be a non -voting member and shall appoint two (2) other voting members, who shall not require confirmation. al The director of planning and zoninq of the City or his/her designee, shall be a voting member who shall not require confirmation. Two (2) voting members shall be property owners of any assessed property within the boundaries of the Design District, who shall be subject to DOSP Board confirmation. .(�, Two (2) voting members shall be represented by retail and restaurant/bar establishments within the boundaries of the Design District, who shall be subject to DOSP Board confirmation. City of Miami Page 2 of 6 File Id: 13-01021 (Version: 1) Printed On: 2/3/2014 File Number: 13-01021 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. (6) 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. Subsequent nominations. Each of the members in section (4) shall serve two (2) year terms and each of the members in section (3) shall serve three (3) Year terms. A selection committee shall be formed and shall make nominations for filing these seats upon expiration of a term or in the event of any vacancy, and the DOSP Board shall confirm the nominees. Sec. 35-226. Same -Funds made available; financial report. (a) Funds deposited in the trust fund shall be made available to the 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 committee ("committee") to city- commiccian DOSP and approval by the 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' committee for its review and approval prior to filing with the city clerk. Sec. 35-227. Revocation of certificate of use for non-payment of parking waivers. Failure to make any payment required by this article shall cause the zoning administrator to revoke the parking waiver certificate and the certificate of use. The zoning administrator shall revoke a parking waiver certificate and a certificate of use if any required fees remain unpaid for more than 60 days after the date due. Said revocation of the parking waiver certificate and certificate of use shall be effective immediately upon DOSP's notification to the zoning administrator that the required fees remain unpaid for more than 60 daysafterthe date due. DOSP shall notify the parking waiver certificate holder and certificate of use holder of the pending revocation by posting notice at the property, hand delivering a notice, or mailing a notice. A parking waiver certificate holder or certificate of use holder may reinstate the certificates by paving any unpaid fees. A parking waiver certificate holder or certificate of use holder may challenge the revocation by requesting a hearing with the zoning administrator within ten days of receiving notice. Upon presenting such evidence to the zoning administrator of proper payment, the zoning administrator shall immediately reinstate any revoked certificates. The city shall not issue a certificate of use for the use of any property for which the parking requirements have not been satisfied as provided in this section. 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 City of Miami Page 3 of 6 File Id: 13-01021 (Version: 1) Printed On: 2/3/2014 File Number: 13-01021 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) „ , provisions set forth in subsection (3). (3)-Fee in lieu of providing required off-street parking for the SD 88 Design District zoning district " shall be as follows: a. A purchase price of $35,000.0012,000.00 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, 2019, reflecting the change from the prior year only, using the consumer price index urban consumers (CPI-U). b. 1. Permanent certificate of waiver. Payment of the purchase price may shall be made at the time of application . 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 Design District an accordance with section 602.10.1 of the zoning ordinance. 27 c. Installment payment program. A non-refundable thirty percent (30%) 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 thirty percent deposit, shall then 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, 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, or apply and pay for the necessary monthly parking space waivers or make full payment. City of Miami Page 4 of 6 File Id: 13-01021 (Version: 1) Primed On: 2/3/2014 File Number: 13-01021 b. Reserved. er.---T-he-rental-fee-in4ieu-ef--pr-eviding-the-suppiemeRtal-eff-tr-eet-par-klnkj-Fequired-fer-festatgantsT-as speGi#ied-in-under-seee-zening-erciiFianee,(2rental-fee)-fer--the-fir,st-year-sr-sha14-Iae $800.00 $1,200.00 per parking space, per year, to be paid on 3 monthly basis, until a reduction of waisder--sertifieate4s-ebtaiR' ed,BeginRing-in-year--6*,-the-Fe*al-fee-shatl-be-$1719800,138-per--packing- spaser-per-yearTte-be-paicl-en-a-monthly-basisr until-a-reclustieri-of-waiver-eertificate-is-ebtairied, d. Supplemental off-street parking spaces may be purchased 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 inflation -adjusted once at the end of each five-year period, the first such adjustment shall commence on January 1, 201945, 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 subsections (3)a., b., and d., hereinabove shall permanently exempt the-Fespeetive-prepeity-frem-the-serresponding-parking-requeh-use-as-speeifieel-iii-the eeFtiftsate-ef-waiver, (4) Security depocit; feec. At time of execution of the waiver application, except for thoce property property -owner shal! provide the department with a cecurity depocit or with a performance bond in an amount sufficient to ecure three month& payments under the waiver application. All documentation, including the form of the securtty depocit and the performance bond shall be cubject to the approval of the city attorney as to form and correctnece, and the performance bond chaI be cubject to the review and approval of the city'e risk manager. In the everit the property owner faile to make paymente for a total of three consecutive months, the property owner shall forfeit any right and interest to the security retain the entire amount of the security deposit or performance bond. (5)-Fees-kl-SUbSeGti43FIS+1)-thFaugh-(3)-shalt-be4Eke-and-payable-on-the-1st-ef-eaGh-menth-lue date). Fees not received within 15 days of the due date shall be charged a late fee of five percent of the-amount-etue,Fees-Rat-reeeived-within-30-elays-ef-the-due4ate-shall-be-shar-geel-igter-est-at-the-rate (4)--The--eity-shall-gFaRt-parking-sreelit-fer-buildings-buiit-pFier-443-19804hat-have-been-eleinetisbed-er maybe-demelisheel, (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. (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 aPi capital improvements within the district as defincd herein. {40-)L5.) Such other fees as may from time to time be authorized by the city commission or the department of off-street parkin. City of Miami Page 5 of 6 File Id: 13-01021 (Version: 1) Printed On: 2/3/2014 File Number: 13-01021 Secs. 35-2289-35-250. Reserved. * *ft 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. {2} Section 4. This irdtrr�nce shall become effective 30 days after final reading and adoption thereof. f.. AF PROVE.©"� ��CORRECTNESS: VICTORIA ENDE CITY ATTr+RN� 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} 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. City of Miami Page 6 of 6 File Id: 13-01021 (Version: 1) Printed On: 2/3/2014