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HomeMy WebLinkAboutO-13455City 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: 61 Printed On: 1/2/2018 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-6 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. {only through providing matching funds.) City of Miami Page 2 of 8 File Id: 13-01021 (Version: 61 Printed On: 1/2/2018 File Number: 13-01021 Enactment Number: 13455 (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)(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: The CEO shall be a non -voting member. g) The District 5 Commissioner shall appoint two (2) voting members, who shall not require DOSP Board confirmation. gj 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. 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. 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. 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. fl 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 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 city 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. City of Miami Page 3 of 8 File Id: 13-01021 (Version: 61 Printed On: 1/2/2018 File Number: 13-01021 Enactment Number: 13455 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 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. j) 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. 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. 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 (g) 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). 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. fl 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 (g) below. Any appeal of a building permit or similar development permit shall toll the time period specified in this section City of Miami Page 4 of 8 File Id: 13-01021 (Version: 61 Printed On: 1/2/2018 File Number: 13-01021 Enactment Number: 13455 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 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) , payment") in order to conform to their specific zoning regulations, in the event owners choose not to exercise the purchase option is subsection (3). Notwithstanding the foregoing, the initial cost shall be $800.00, per space per year, payable monthly, for the first year ("first year payment"). For the second annual paymcnt shall be $1,200.00 per space per year starting with the third year. The annual payment shall be inflation adjusted once at the end of each five year period. The first inflation adjustmcnt shall commcncc on January 1, 2014, reflecting the change from the prior year only, using 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-8 8 Design District zoning district 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, 2011-9, 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 Oho following two n ays at the option of Oho property owner• o 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 City of Miami Page 5 of 8 File Id: 13-01021 (Version: 61 Printed On: 1/2/2018 File Number: 13-01021 Enactment Number: 13455 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 S-D-8 district Design District in accordance with section 602.10.4 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 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 (15) 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 thei supplementazul of street p Tegci'-.'ired e-r restaurantsas- 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 waiver certificate is obtained. Beginning in year six, the rental fee shall be $1,0800.00 per parking space, per year, to be paid on a monthly basis, until a reduction of waiver certificate is 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. City of Miami Page 6 of 8 File Id: 13-01021 (Version: 61 Printed On: 1/2/2018 File Number: 13-01021 Enactment Number: 13455 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, 2011-9, reflecting the change from the prior year only, through the consumer price index -urban consumers (CPI-U). exempt the respective property from the corresponding parking requirement for such use as specified in the certificate of waiver. {Al) Security deposit; fees. At time of execution of the waiver application, except 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 review and approval of the city's risk manager. In the event the property owner fails to make payments for a total of three consecutive months, the property owner shall forfeit any right and interest to the security deposit or performance bond, whichever may be applicable. Upon such default, the department shall retain the entire amount of the security deposit or performance bond. {5) Fees in subsections (1) through (3) shall be due and payable on the 1st of each month (i.e. due dates not received within 15 days of the due date shall be charged a late fee of five percent of the amount T°cs not received within 30 days of 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. {6) The city shall grant parking credit for buildings built prior to 1960 that have been demolished or 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 ) Such other fees as may from time to time be authorized by the city commission. Secs. 35-2289-35-250. Reserved. *11 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} City of Miami Page 7 of 8 File Id: 13-01021 (Version: 61 Printed On: 1/2/2018 File Number: 13-01021 Enactment Number: 13455 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 8 of 8 File Id: 13-01021 (Version: 61 Printed On: 1/2/2018