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Legislation
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 35-220 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 ("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 conforming to 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 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
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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
und, (the "Coconut Grove parking trust fund") or the Design District Parking Improvement Trust Fund,
is applicable, as specified in the letter granting the waiver, and as a condition precedent to the
ssuance of a parking waiver certificate, and of a certificate of use. Failure to make any required
iayment 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 zoning districts as depicted herein, in Exhibit A, and any abutting properties or
properties partly within the boundaries depicted in ExhibitA ("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 armor 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, (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,
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(c) Any such shuttle, tram or trolley service, as mentioned in subsection (a).(84(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 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:
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 beproperty owners of any assessed property within the
boundaries of the Design District, who shall be subject to DOSP Board confirmation,
(5) Two (2) voting members who shall be represented by retail and restaurant/bar establishments
within the boundaries of the Design Districttwho 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,
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 commiscien 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 ^lcariot imr,ro merit committee (LGGmfraittee9 to city-
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-dic-t-ret imprevomcnt-
committee for its review and approval prior to filing with the city clerk.
Sec, 35-227, Revocation of parking waivers.
,(), Certificate of waiver holders as of February 23, 2014, participating in the installment payment
program option must procure a building permit for construction, or pay the balance on the
installment agreement, on or before May 9G 2019. Failure to procure a building permit for plans
on file with the Planning Department or pay the balance on the installment agreement, on or
before May 9, 2019, shall render the certificate of waiver null and void.
Certificate of waiver holders participatinq in the Trust Fund after May 8, 2014, participating in
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the installment payment program option must procure a building permit for construction, or pay
the balance on the installment agreement, within one (1) year from the date of issuance of the
certificate of waiver, Failure to procure a building permit or pay the balance on the installment
agreement, 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.
Certificate of waiver holders as of February 23, 2014, who paid in full and received a permanent
certificate of walyer 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 proiect will bepurchased at the rate established after May 8,
2014.
(d) Certificate of waiver holders participating in the Trust Fund after May 8, 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 shall be held
as a credit for a future project as described in Section (e) below.
(e) Revocation Process. DOSP shall notify the permanent certificate of waiver 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 through the Office of Hearing Boards within ten
(10) days of receiving notice. Uponpresenting such evidence to the Planning, Zoning and
Appeals Board ("PZAB") of delay not due to the fault of the permanent certificate of waiver holder,
if the PZAB so determines, the zoning administrator shall immediately reinstate any revoked
certificates. If the PZAB approves the revocation of a permanent certificate of waiver, the
permanent certificate of waiver holder shall receive credit for the future purchase of a certificate of
waiver, minus 3% of monies paid, to represent an administrative fee, This will be in addition to
the thirty percent (30%) non-refundable deposit referenced below. In the event of a revocation,
DOSP shall record an instrument revoking rights to the permanent certificate of waiver.
Sec. 35-227-8. 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 $20.00 per
square foot permit fee required by the public works department, as specified in section 54-223, there
shall be paid an additional fee as set forth in subsections (3)c, and (3)e., in lieu of providing required
off-street parking, said funds shall be paid monthly into the design district improvement trust fund.
(2) All retail property o y-$-1 00.00, per space per ygarT-payable-naohthly-(Lahnual-
paymont+i-n order to conform to tom`--r-speei-fic zont-ng-regul-atiens .n-the event owners choose not to
exercise the p arch oc option is subcoction (3), Notwithstanding the-farcgoing, the -initial cot shall-be-
$800.00, per epacc per yoar, payable monthly, for the first Year ("first yea-r-paynaent4.-For thc second
year, thc cost -shall be $1,000,00, per space per yoar payable-rnenthl -(-'s " . The -
annual payment-shall-be-$-172O0.00-per space por yoar cterting-with-the-t"„rd-year,, 4he---annul--
pay-ment-shall-be-inflation-adjust . T-he-flrrst-h flation
ad}ustr-tent-sh-aaa-aemmenee on-denuaryreflecting- change-frem-tho prier-year-oialyT-uslag-
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the co index u (GP property-o ion of
baser space-waivers-shall-have-t4c option of cone, ^ thwing waivers to conform to the
et-(-3).
(-3)-Fee in lieu of providing required off-street parking for the 8-B.-8 8 Design District zoning-d+striot-
puf-suant-to-ar-tiole 6 of Ordinanc mended, the zoning-ord'
amondod, the zoning ordinance of tho city (the "Waning 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, 20194, reflecting the change from the prior year only,
using the consumer price index urban consumers (CPI-U). Thepu base price shall be paid in ei�_�ithe-r
of the-followingep&ty
b. 1—P-ernaanen4 oePtifinate oPyai r, 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 di-atriot-Design District in accerdanee-wi# ctisn-0O2 40 4-of-tlhe-
zon-ing-o-rd-i-nance. 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
obtained through the installment program issued after May 8, 2014, shall not run with the land and
may not be leased. No certificate of waiver issued after May 8, 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.
2-
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-(45) 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 ,(1), 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 (5) 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 (10) 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 (5) 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 as
required by the Miami 21 Code, or apply and pay for the necessary monthly parking space waivers or
make full payment,
b. Reserved
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n The rental foe�e.u-of-p eg the -supplemental off street -parking required for restaurants, as
spocified in under section 602.10,1 of the zoning-ord+na oe--("rental f fthe-fif-s-t years, shall be
arking space, per year, to bo paid on a monthly -basic, until a reduction -of
ginning in sear the rental fee hai�,_��,ll be $1,0800.00 per parI4n i-
spaec, p on#hIy basis; until a reduction of waiver ceftificate ii obtained
d. Supplemental off-street parking spaces may be purchased for a fee, as set forth in subsections
(3)a.1. or-2,, as may be applicable.
e. All payments set forth in this subsection (3) shall be inflation -adjusted once at the end of each
five-year period, the first such adjustment shall commence on January 1, 201945, reflecting the
change from the prior year only, through the consumer price index -urban consumers (CPI-U),
f. Paymont-oath c set forth ' ermancntiy-exempt-
the rospeotie-property from the corresponds use as specified in the
sertifioate-of-waive -
(4)-Seourity-deposit; fees At time of e„ecuti n of the waiver application; e-xeept for-t osc property-
ow-ners participat cg_in-the-i tail
e depart e t wit�,th-a-seoucity deposi
amount sufficientfie-secure-tyres months' payments under thc waiver application. All documentation,
including the form of the-seouiity-deposi# hall be subjeot-to the -approval of-
t -he correctness, and -the -performance bond shall be subject to the review
er. In the eventthe-proppay,mtint;
tetal onths, the propert` owner shall forfeit lays rirvhtt-afn r,in��_�tere$t_tn the enuritti
deposit or perf a-y-lac applicable. Upon ouch default, thc department shall
sit or performance bond.
(5) Fees in subsections (1)-through (3) shall be-da st of each month-(+e-due-
date)—Pees-t-et-received-within-1-5-days-of the -doe -date sh„all-be ehorrved a late fee of five percent of
the -amount -due. Fees -not received within-30-days-of-the due -date shall be charged interest at the rate
of ten perce , ' tuding appl+oable-late fees,
(6)-The-city-shall-grant parking credit for buildings -built prior to 1960 that have be
may be -demolished:
(7_31 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
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-forthe-maintenanooand repair of -al ict as
defined herein,
{40} f5,) Such other fees as may from time to time be authorized by the city commission.
Secs. 35-2289-35-250, Reserved.
III
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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}
AFP OVED
VICTORIA N
AS TO FOR AND IRECT I€SS:
I-`_NDEZ
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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