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Ordinance
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Miami, FL 33133
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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
City of Miami
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File Number. 13-01021
PARKING 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which funds shall be deposited and from which funds shall be withdrawn pursuant to sections 35-226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 clostination marketing, {only through providing matching funds.)
(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){}(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 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:
(1) The CEO shall be a non -voting member.
(2) The District 5 Commissioner shall appoint two (2) voting members, who shall not require
confirmation.
(3) The director of planning and zoning of the City, or his/her designee, shall be a voting member
who shall not require confirmation.
(4) Two (2) voting members who shall be property owners of any assessed property within the
boundaries of the Design District, who shall be subject to DOSP Board confirmation.
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(5) Two (2) voting members who shall be represented by retail and restaurant/bar establishments
within the boundaries of the Design District, who shall be subject to DOSP Board confirmation.
(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. 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.
(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 Gty-
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 deign district improvement
committee for its review and approval prior to filing with the city clerk.
Sec. 35-227. Revocation of parking waivers.
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. A
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 days after the date due. DOSP shall notify the parking waiver certificate holder and
certificate of use holder of the 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 paying 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.
fib) Revocation of certificate for failure to procure building permit. Failure to procure a building permit
for construction within one (1) year of the date of the recording of the certificate of waiver shall
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render the certificate of waiver null and void. DOSP shall record an instrument revoking rights to
the certificate of waiver. DOSP shall notify the parking waiver certificate holder and certificate of
use holder of the 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 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 delay not due to the fault of
the certificate holder, the zoning administrator shall immediately reinstate any revoked certificates.
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) All retail property owners shall pay $1,200.00, per space per year, payable monthly ("annual
the purchase option is subsection (3). Notwithstanding thc foregoing, the initial cost shall be
year, the cost shall be $1,000.00, per space per year payable monthly ("second year payment"). The
annual payment shall be $1,200.00 per space per year starting with the third year. The annual
payment shall be inflation adjusted once at thc end of each five year period. The first inflation
the consumer price index urban consumers (CPI-U). All property owners currently in possession of
base parking space waivers shall have the option of converting the existing waivers to conform to the
provisions set forth in subsection (3).
.(3)-Fee in lieu of providing required off-street parking for the SD-B 8 Design District zoning district
pursuant to article 6 of Ordinance No. 11000, as amended, the zoning ordinance No. 1000, as
amended, the zoning ordinance of the city (the "zoning ordinance") 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, 201915, 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
b. 1. Permanent certificate of waiver. Payment of the purchase price may shall be made at the time of
application fora permanent certificate of waiver 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 in accordance with section 602.10A of the zoning ordinance.
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
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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.
b. Reserved.
specified in under section 602.10.1 of the zoning ordinance. ("rental fee") for the first years, shall be
$800.00 $1,200.00 per parking space, per year, to be paid on a monthly basis, until a reduction of
d. Supplemental off-street parking spaces may be purchased for a fee, as set forth in subsections
(3)a.1. arm, 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, 2019-1-5, 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 respective property from the corresponding parking requirement for such use as specified in the
certificate of waiver.
(1) Security deposit; fees. At time of execution of the waiver application, exccpt for those property
property owner shall provide the department with a security deposit or with a performance bond in an
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 be subject to the approval of
the city attorney as to form and correctness, and the performance bond shall be subject to the review
and approval of the city's risk manager. In the event the property owner fails to make payments for a
retain the entirc amount of the security deposit or performance bond.
the amount due. Fees not received within 30 days of the due date shall be charged4ntere„t at the rate
of ten percent per annum calculated monthly on the unpaid balance, including applicable late fees.
(6) The city shall grant parking credit for buildings built prior to 1960 that have been demolished or
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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 all capital improvements within the district as
defined -herein.
{1-9} .(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 30 days after 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 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.
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