HomeMy WebLinkAboutSubmittal-Commissioner Hardemon-Modifications made to the legislationCITY OF MIAMI
OFFICE OF COMMISSIONER KEON HARDEMON
DISTRICT 5
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Keon Hardemon, Vice -Chairman
DATE: May 21, 2014
RE: Amend Chapter 35/Article V entitled Motor Vehicles and
Traffic/Coconut Grove Business District and Design Districts
Parking Improvement Trust Funds
Matter ID No.: 13-795L
Attached are proposed changes to SR.2 regarding the Design District Parking Improvement Trust
Funds and amendments to Chapter 35 of the City Code. Below is a list of the proposed changes.
1. Section 35-225(d)(4): Addition of the word "unassociated".
2. Section 35-225(d)(5): Addition of the word "unassociated".
Section 35-227(a): Addition of a requirement that those who are paying pursuant to an
installment agreement obtain a building permit within three (3) years of paying in full.
4. Section 35-227(a): Allows a credit for those who do pay should the certificate of waiver
be revoked minus any administrative costs incurred by the City of DOSP.
5. Section 35-227(b): Removal of the option to pay in full.
6. Section 35-227(c): Clarifies that any new certificates of waiver shall be at the current
rate and pursuant to the current provision created by the amendments to Chapter 35 of the
City Code.
7. Section 35-227(d): Clarifies that credits are not transferable.
8. Section 35-227(g): Limits the evidence that can be presented at an appeal of a revocation
to issues of considerable delay caused by the City, other governmental entity, or an act of
God.
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Doc. No.: 458310
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..Title
AN ORDINANCE OF THE M|AM| CITY COMMISSION AMENDING CHAPTER 35AART|CLE V
DFTHE CODE OFTHE CITY OFMK\K0|.FLORIDA, ASAMENDED, 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 FUNO'. CONTAINING A 8EVERAB|L|TY CLAUSE AND
PROViDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") has an Vnjin@nC8 providing for @ Design C>iSthCt
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 K8iGnni, Florida, GS amended ("City
COde").and more particularly described below; and
WHEREAS, particular boundaries have been previously established based 0Othe former
Zoning Ordinance No. 11000 and such boundaries are to remain delineated as such as
depicted in "Exhibit A", attached and incorporated; and
WHEREAS, 8shared parking strategyisdesired tOpromote 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 PnSGDDb|8 to this (]njiDanDe are
adopted and incorporated 8Sfully set forth inthis Section.
Section 2. Chapter 35/ArhC|8|VOfthe City Code, |Samended iDthe following
^CHAPTER35
MOTOR VEHICLES AND TRAFFIC
Submitted into the public
record in iwith
Item on �/�2/�/�
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City Clerk
ART|CLEV. COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS
PARKING IMPROVEMENT TRUST FUNDS
Sec. 35-220. Required Of-S1n88{ 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
innpnnv8nn8nt trust fund, (the "Coconut Grove parking trust fVOd")Orthe [)8siqDDistrict P8rkiDA
Improvement Trust Fund, aSapplicable, asspecified in the letter granting the waiver, and as a
condition pn8C8d8Ot to the issuance of parking waiver certificate, and of 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.
(3) There iShereby established trust fund tob8entitled the design district parking
innprOv8nlHDt 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 i0sections 35-220and 35-227tOfacilitate p3rkinVpurposes within the area
iOC|Udinq but not limited to public off-street p8rhiDg, infrastructure inoprow3OOen15 and
nn3iOtSn8O&e and marketing to serve the area consisting Ofthe SO 8 zoning districts as depicted
herein, inExhibit A.and any abUttiOqproperties orproperties partly within the boundaries
depicted in Exhibit A("DeSiqD District") through means which may include, but are not limited to
the following activities:
/1\ Acquire fee 3inOp|8 or other interest in |3Dd. and other real property for parking
purposes;
/2\CVnstruCt. nnoiOt8iO, Op8r8t8. |e8SH, m8n8ge, or otherwise provide off-street parking
facilities for public use;
(3) Provide public information tOenhance parking utilization including publicity
campaigns, graphics and GiQD3ge,and other informational devices;
(4) Coordinate plans for parking facility improvements af*�orexpansion inconjunction
with public transportation plans and Up8ngUODS in the vicinity, partiCV|@r|y, but not |innih3d
Submitted into the public
record in connection with
)tem��, 2, on 52//
[ityUe/k
t��lhajoint facilities that might beDperatedinoonneobonxvbhMetvonyi|andgDyfeeder
services existing nrdeveloped inthe future;
(5) Provide accessibility to off-street parking facilities by suitable means such as public
shuttle, tram ortrolley service aseVor related physical improvements such asbus
shelters and right-DfVVayMnOdificEdi�OS;
(6) Perform such other related activities as may be appropriate to carry out the intent of
this article indudiOg, but not limited to, infrastructure improvements iDthe public ri8ht-of-
vvay, contributing to maintenance of the public sidewalks within the business district
defined herein, as well as desfifa#io*nmarhebnQ.
funds.)
(b) It is the intent of this article that at least 90 percent of the funde, as determined at the
beginning of each fiscal year, in the trust fund shall be utilized for subsections (a)(11)-(6). At least
ton percent of the funds must be maintained as naoen/ae.
(o) Any such shuttle, tram or trolley senvioa, as mentioned in subsection . shall be
subject to yearly evaluation of the design district improvement committee.
(d) There is hereby created a DesiqM District Improvement Committee ("C0mrOU±ee")that shall
consist of seven (7) v0tinq members and as many non-votinq nnernbero. as may be necessary
from time totime, atthe discretion Ofthe chief executive officer (''CEO")of[}OSP`appointed aS
(1) The CEO shall be a0O0-vOt|nq member.
(2) The District 5 Commissioner shall appoint two (2) voting 080bers, who shall not require
O[)SPB0ard confirmation.
(3) The director of planning and zmninO of the Chv, or his/her desklOee, shall be a v0tiOq
member who shall not require [)OSPBoard confirmation.
(4) Two (2)V0tiOq members who Sh8U be Unassociated property owners Ofany assessed
property within the boundaries mfthe C)eeiqnDistrict, who shall be subject tV[)OSP
Board confirmation and shall serve two (2)year terms.
(5) Two (2)VDtiDq members who shall be representqd Wed retail aOcl/g)p
restaurant/bar establishments within the boundaries Ofthe DesiqDDistrict, who shall be
subieCttDDOSF»Board confirmation and shall serve three (3)year terms.
(0) At the discretion of the CEO. the CEO ohm|| appoint non-vodnO nnennbeno as may be
necessary from time to time, who yhm|| not require DOGP Board confirmation.
(7) Nomination ofinitial members. The CEO shall appoint acommittee nonninmting
commission tosolicit and screen mpp|iCationu, interview candidates, and submit
nominations tothe CEO for appointment tothe initial committee.
(8) Subsequent nominations and vacancies. Aselection committee, chosen bythe
remaininq Committee members, shall be formed and shall make nominations for fillinq
these seats upon expiration ofaterm mrinthe event [f any vacancy, and the O[>GP
Board shall confirm the nominees.
(B) CjUOrurn. C}uD[unn shall consist of the presence of four (4) voting M0erDbanG.
Submitted into the public
record inconnection with
I I-
CityC|erk
Sec. 35-226. Same -Funds made available; financial report.
(a) Funds deposited in the trust fund shall be made available to the city commission depaftment
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 ef► 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 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 numbers or u6 py the balance on the installment
agreement on or before November 22, 2015 an btaiirri...a building p r tit within three
viapiiisppif playing the a u tstandinia 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, ° "i credit will be given for any payments made rt u" s
iii3i1,11401iniatra(aaa_u uroud rimh .7.�ua... a ira ali�
(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,
ceinereithetrostatimeranotareacnerth within one (1) year from the date of
issuance of the certificate of waiver. Failure to procure a building permit- - -f ie�
p (-t" , lid i„u mt n ( 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 c u a rdi aaa the hutrentstovisions established after May 22, 2014 as further
clarified herein.
Submitted into the public
record in connection with
item ?.Z on / // City Clerk
(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) belowSeca ciredit....shaD not be traMinsfer a, e...t another owner
vya atm...tte IL ggKgD o (a ) m wianiiiiilliteriatilire airie of
(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.
(f) 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.
(q) 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. ifa... .tma
fgt ate is revoked k for timeliness issuoisiiiiitheparikiag °waiver.... certificate hoiderr
!i imnttt ttttttg,tina evidence to the Planning, Zoning and Appeals Board ("PZAB") of
t delay 191 f n „ itL anti" tma°m Da aaa t,PL gtt Y,,,,P .act
offirsarassit efieocress iif 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.
Submitted into the public
record in connectio with
'ItemS•2- on 5 ti r
City Clerk
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 owncrs choose
not to exercise the purchase option is subsection (3). Notwithstanding the foregoing, the initial
payment") For the second year the roc t shall he $1 nnn nn ner spore ner 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 the end of
each five y ar period. The first inflation adjustment shall commence on January 1, 2014,
{CPI U). All property owncrs currently in posccssion of bate 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
1 nnn am enine ordinance of the city (the "zoning ordinance")
„Tendd��the ze shall be asfollows:
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, 2014-9, 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 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 is
accordance wig th section any 1 n n „f the zoning „rdinanoe 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
Piss, ued after ay 22,, 2014, shall vest unless he,, err neat certificate of caner its paid in full
sand the ownerprocures a bupidincLognit for construction no late° than one Cillyear from the
date of assuanc of the leans nt certificat ,of waver. - mm
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
Submitted into the public
record in conne tion with
Item`F 1 on
City Clerk
then be paid in installments over a self -amortizing period of-(-1-5) 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 specified in undcr section 602.10.1 of thc zoning ordinance. ("rental fee") for the first years,
chall 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 y r six, thc rental fcc shall be
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.
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).
f. Payment of the fees set forth in subsections (3)a., b., and d., hereinabove shall permanently
specified in the certificate of waiver.
waiver, the property owner shall provide thc depa nt with a securit„ deposit „r with
Submitted into the public
record in connection with
�tem5' on
City Clerk
application. All documentation, including the form of thc security deposit and the performance
bond shall be subject to the approval of thc city attorncy as to form and correctness,, and thc
performance bond shall be subject to thc review and approval of the city's risk manager. In thc
event thc property owner fails to make payments for a total of three consecutive months, thc
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.
including applicable late fees.
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.
as defined herein.
0-9) (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 immediately upon final reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Submitted into the public
record in connection with
item..)°- on 1221/
City Clerk
..Footnote
{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.
Submitted into the public
record in connection with
item .L on.:.:/
City Clerk