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HomeMy WebLinkAboutO-13659City of Miami Ordinance 13659 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1590 Final Action Date: 2/9/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE III/DIVISION 1/SECTION 35-96 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING METER ZONES/GENERALLY/DESIGNATION OF CERTAIN ZONES; INSTALLATION OF METERS", TO ESTABLISH A CITYWIDE REQUIREMENT PROVIDING FOR NOTICE AND WRITTEN COMMENT AS PROVIDED HEREIN ON ANY INSTALLATION OF PAID PARKING ZONES WITHIN TWO HUNDRED FIFTY (250) FEET OF AREAS ZONED T3-R, T3-L AND T3-O; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Frank Carollo WHEREAS, the City of Miami ("City") previously passed Ordinance No. 13114 on October 22, 2009 adopting Miami 21, which went into effect on May 20, 2010; and WHEREAS, a primary focus of Miami 21 is to promote the efficient use of land and minimize land use conflicts while protecting and preserving residential sections within neighborhoods, a goal aimed toward maintaining a high quality of life for all City Residents; and WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code") is updated from time to time to ensure the high quality of life for our residents; and WHEREAS, in continuing to improve the relationship between low Density Residential neighborhoods and adjacent Commercial Corridors, the City Code shall be amended to establish a Citywide requirement providing for notice and comment for property owners in affected areas, for any installation of paid parking zones within two hundred fifty (250) feet of areas zoned T3-R, T3-L, and T3-O; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 35, Article III, Division 1, of the City Code is amended to read as follows:1 "CHAPTER 35 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. City of Miami Page 1 of 3 File ID: 1590 (Revision: A) Printed On: 3/20/2025 File ID: 1590 Enactment Number: 13659 MOTOR VEHICLES AND TRAFFIC ARTICLE III. PARKING METER ZONES DIVISION 1. GENERALLY Sec. 35-96. - Designation of certain zones; installation of meters. The director of the department of off-street parking is hereby authorized to determine and designate metered parking zones and to install and maintain upon any of the streets or parts of streets as many parking meters as necessary in such metered parking zones, where it is determined that the installation of parking meters shall be necessary to aid in the regulation, control, and inspection of the parking of vehicles. For purposes of this Section metered parking zones and paid parking zones shall have the same meaning. Except where proposed paid parking zone(s) will be within two hundred fifty (250) feet of a T3-R, T3-L or T3-O Transect Zone, a notice as provided herein of the proposed paid parking zone(s) is not required. In areas within two hundred fifty (250) feet of a T3-R, T3-L or T3-O Transect Zone, notice must be provided along with an opportunity for submittal of written comments from property Owners and/or Registered Associations as defined in this Section in the affected area(s). Such notice shall be sent via certified mail return receipt requested and regular mail prior to any new installation of the paid parking zone(s). (1) For purposes of this Section, Owners in the affected area(s) shall mean persons who are the fee simple owners of the properties in the affected areas. For purposes of this Section, affected area(s) shall mean properties who are located within two hundred fifty (250) feet of the property lines of the land for which the notice under the provisions of this Section is being requested, as applicable. The public notice will be afforded only when the proposed paid parking zones are to be located within two hundred fifty (250) feet of a T3-R, T3-L or T3-O Transect Zone and shall consist of notice by certified mail, return receipt requested to the affected Owners at least thirty (30) days before any paid parking zone(s) installation. The applicant for the paid parking zone placement shall be charged the cost of the appropriate fee for the notices. The applicant shall be the public agency or instrumentality who is seeking the designation of a paid parking zone within two hundred fifty (250) feet of the above listed T3 Transect Zones. Additionally, the applicant shall obtain a list from the Neighborhood Enhancement Team ("NET") of the Registered Neighborhood and/or Homeowners Associations ("Registered Association(s)") applicable to the property for the application in question and shall notify the official representative of such Registered Association(s). Registered Associations who wish to receive such notice must register on an annual basis at their local NET office. (2) The Owners and/or the representative of the Registered Association in the affected areas upon the receipt of notice may provide written input or comment to the Director of the Department of Off -Street Parking and the Director of the Department of Public Works, or their respective designees, as to why the paid parking zones are not necessary or not viable considering the impact of the paid parking zones on the parking needs, availability, accessibility, convenience, and suitability in the affected area as well as the need for the paid parking zones in the affected area. The Owners in City of Miami Page 2 of 3 File ID: 1590 (Revision: A) Printed on: 3/20/2025 File ID: 1590 Enactment Number: 13659 the affected areas may present information relative to the impact of the proposed paid parking zone on their residences or businesses, as applicable. (1 Prior to final designation of any proposed paid parking zone and/or the installation of parking meters therein, the proposed zones and the proposed installation of the proposed paid parking zone and/or parking meters therein shall first be submitted to the city manager or their designee for approval thereof. All existing paid parking and/or metered parking zones shall be subject to review by the city manager or their designee and modifications thereto, including, but not limited to, additions, removals and relocations shall be subject to the approval of the city manager or their designee. * *„ Section 4. 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 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndeU ez�Ciity Attor 1/3/2017 nde z, City Attor 1/27/2017 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 3 of 3 File ID: 1590 (Revision: A) Printed on: 3/20/2025