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HomeMy WebLinkAboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00805 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 CREATING A NEW SECTION ENTITLED "THE WYNWOOD 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 certain parking improvement trust funds for limited geographic areas within the City boundaries, including a Design District Parking Improvement Trust Fund and Coconut Grove Parking Improvement Trust Fund; and WHEREAS, the Wynwood District is experiencing unique conditions, including a lack of existing publicly -accessible parking facilities and City -owned land for the construction of new facilities, which present challenges that are different from other geographic areas within the City boundaries in which parking improvement trust funds have been established; and WHEREAS, a shared parking strategy is desired to promote the goals and further enhance the Wynwood District; and WHEREAS, the City Commission authorizes an amendment to sections of Chapter 35 in the Code of the City of Miami, Florida, as amended ("City Code"), establishing the Wynwood Parking Improvement Trust Fund, as set forth and more particularly described below; 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 V of the City Code, is amended in the following particulars: {1} "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE V COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICTS AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS City of Miami Page 1 of 5 File Id: 15-00805 (Version: 1) Printed On: 7/9/2015 File Number.' 15-00805 Sec. 35-220, Required off-street parking and payment in lieu of required off-street parking. The minimum off-street parking requirements shall be as depicted herein and/or in the zoning ordinance of the city. Said minimum parking requirements may be satisfied by providing the parking as stated in the zoning ordinance or by payment in lieu of required off-street parking, as described herein. Parking Reductions, Off -site Parking, or any other relaxation of parking requirements allowed pursuant to the Miami 21 Code shall not me made available within areas unless otherwise provided within established Special Area Plans ("SAPs") or Neighborhood Revitalization Districts of the city for which a parking trust fund has been established and is in effect pursuant to this chapter. (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 design district parking improvement trust fund {the "Coconut Grove Parking T—„us Fund"}, or the Wynwood 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. 35-229 35 250 Reserved. Wynwood Parking Improvement Trust Fund - Established. (a) There is hereby established a trust fund to be entitled the Wynwood Parking Improvement Trust Fund, ("Wynwood Parking Trust Fund") to be maintained and administered by the Wynwood Business Improvement District ("BID"), or any successor body designated by the City Commission, into which funds shall be deposited and from which funds shall be withdrawn pursuant to Sections 35-229 and 35-230 to facilitate parking purposes, the creation of publicly accessible off-street parking, infrastructure improvements and maintenance and marketing to serve the area consisting of the properties within the Wynwood NRD-1 boundaries as depicted in Exhibit A, ("Wynwood District"), through means which may include, but are not limited to, the following activities, subject to review by the City Attorney for consistency with all applicable local, state and federal laws: (1) Acquire fee simple or other interest in land, and other real property for parking purposes; (2) Construct, maintain, operate, lease, manage, fund 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 or expansion in coniunction with public transportation plans and operations in the vicinity, particularly, but not limited to, the joint facilities that might be operated in connection with public transportation; (5) Provide accessibility to off-street parking facilities by suitable means such as public shuttle, tram or trolley service or related physical improvements such City of Miami Page 2 of 5 File Id: 15-00805 (Version: 1) Printed On: 7/9/2015 File Number: 15-00805 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 Wynwood District defined herein, as well as marketing and alternative transportation facilities. (7) It is the intent of this section that at least ninety percent (90%) 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 (10%) of the funds must be maintained as reserves, inclusive of any administrative expenses not exceeding three percent (3%) of the reserves. (b) Wynwood Parking Trust Fund recipients may be privately -owned entities or individuals, public entities, or public -private partnerships. (c) The BID shall only make funds available from the Wynwood Parking Trust Fund to projects meeting the qualifications as set forth herein, as approved by the BID Board ("Project"), (d) For each Project approved by the BID Board, the BID shall pledge funds available and allocated as of the date of BID approval of the Project and reserved for a period of three (3) years, unless extended by the BID for a period not to exceed an additional one (1) year, and shall transfer pledged funds to the Project at such time as the Project is deemed substantially completed. Sec. 35-230. Funds made available; financial report. (a) Funds deposited in the Wynwood Parking Trust Fund shall be made available to the Wynwood BID board of directors for the purposes set forth in section 35-22 and for directly related administrative expenses which may never exceed three percent (3%) of the funds .deposited as reserves. (b). A financial report on Wynwood Parking Trust Fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID for review and approval by the City Commission prior to filing with the City clerk. Sec. 35-231. Schedule of fees and charges for Wynwood Parking Trust Fund. ,a, Fee in lieu of providing required off-street parking for the area described as the Wynwood District shall be as follows: (1) A purchase price of $6,000.00 per half -space ("residential") and $12,000.00 per full space (commercial or residential) per parking space waiver (the "purchase price"). The purchase price shall be inflation adjusted once at the end of each five (5) year period. The first such adjustment shall occur on October 1, 2020, reflecting the change from the prior year only, using the consumer price index urban consumers ("CPI-U"). (2) Permanent certificate of waiver. Upon receipt of the full purchase price, and any applicable administrative expense in accordance with the provisions this Article, as set by the BID from time to time, the City shall issue a permanent certificate of waiver in lieu of providing physical parking spaces ("certificate of waiver"), which shall be recorded at the property owner's expense in the public records of Miami -Dade County, Florida, to the property City of Miami Page 3 of 5 File Id: 15-00805 (Version: 1) Printed On: 7/9/2015 File Number: 15-00805 owner. The certificate of waiver shall run with the land. (3) Payment, as set forth in section 35-231(a) (2), shall be due and payable prior to issuance of a building permit or revisions to an existing building permit for any new construction or addition that generates additional required parking spaces, or issuance of a certificate of use for any new construction or addition that generates additional required parking spaces, or substitution for parking previously to be provided on -site or off -site, whichever is earlier. (b) Payment of the fees and issuance of the certificate of waiver set forth in subsections hereinabove shall permanently exempt the respective property from the corresponding parking requirement for such use as specified in the certificate of waiver, unless and until such certificate of waiver is revoked as set forth in section 35-232. Sec. 35-232. Parking waiver certificates; Revocation; Refunds (a). Certificates of waiver shall not be issued without full payment and after verification by the Planning Department, after verification with any other applicable City departments, that such certificate of waiver is in compliance with the City's zoning ordinance, Miami 21, and the parking requirements applicable through the Wvnwood NRD-1, as amended. (b) Failure to maintain a building permit as required in this article shall cause the zoning administrator to revoke the parking waiver certificate. 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. Any appeal of a building permit or similar development permit shall toll the time period specified in this section until a final decision is rendered on the appeal. (c) In the event that a certificate of waiver is revoked by the zoning administrator or released in writing by the property owner prior to issuance of a certificate of occupancy, certificate of completion, or certificate of use for the improvements that generated the parking requirements for which the certificate of waiver was issued, the BID shall apply a credit to run with the property and be available to apply towards a future certificate of waiver. * * * 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and may be made a part of the Code of Ordinances of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changes to "section", "article," or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} City of Miami Page 4 of 5 File Id: 15-00805 (Version: 1) Printed On: 7/9/2015 File Number: 15-00805 APPROVED AS TO FORM AND CORRECTNESS: VItORIA IVIENDEZ 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 (10) 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 5 of 5 File Id: 15-00805 (Version: 1) Printed On: 7/9/2015