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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #8065 Ordinance Second Reading Sponsored by: Francis Suarez, Mayor, Jeffrey Watson, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING", AND BY ESTABLISHING NEW SECTION 35-233, TITLED "WYNWOOD NORTE PARKING IMPROVEMENT TRUST FUND, INTENT -ESTABLISHED", SECTION 35-234 OF THE CITY CODE, TITLED "FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-235 OF THE CITY CODE, TITLED "SCHEDULE OF FEES AND CHARGES FOR WYNWOOD NORTE PARKING TRUST FUND", AND SECTION 35-236 OF THE CITY CODE, TITLED "PARKING WAIVER CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE WYNWOOD NORTE PARKING TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 8065 (Revision: C) Printed On: 5/19/2025 City of Miami Legislation Ordinance Enactment Number: 13996 File Number: 8065 Final Action Date: 5/13/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING", AND BY ESTABLISHING NEW SECTION 35-233, TITLED "WYNWOOD NORTE PARKING IMPROVEMENT TRUST FUND, INTENT -ESTABLISHED", SECTION 35-234 OF THE CITY CODE, TITLED "FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-235 OF THE CITY CODE, TITLED "SCHEDULE OF FEES AND CHARGES FOR WYNWOOD NORTE PARKING TRUST FUND", AND SECTION 35-236 OF THE CITY CODE, TITLED "PARKING WAIVER CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE WYNWOOD NORTE PARKING TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") regulates parking through land development regulations and parking requirements for Uses established in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and through Chapter 35 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Wynwood Norte Community Vision Plan ("Vision Plan") is a community -led collaborative process involving a diverse group of stakeholders to plan for future improvements and protect the unique character of the Wynwood Norte neighborhood while planning for appropriate growth and housing for current and future residents, inclusive of policy recommendations for parking and multi -modal transportation to support a mix of land uses appropriate to the neighborhood as incorporated in the Wynwood Norte Neighborhood Revitalization District ("NRD-2"); and WHEREAS, pursuant to Resolution No. R-19-0472 adopted on November 21, 2019, the City Commission recognized the Vision Plan and directed the City's Administration to study tools and policies for the implementation of the Vision Plan; and WHEREAS, a shared parking strategy is desired to promote the goals of a walkable multi -modal community and further enhance the NRD-2 as a residential and mixed -use neighborhood; and WHEREAS, the City Commission desires to amend Chapter 35 of the City Code to establish the Wynwood Norte Parking Improvement Trust Fund in order to facilitate public off-street parking, transportation infrastructure improvements, and maintenance and marketing, inclusive of wayfinding signage, to serve the properties within the NRD-2 City of Miami File ID: 8065 (Revision: C) Printed On: 5/19/2025 Boundary, as defined herein and as depicted and defined in the corresponding Appendix of 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 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 DISTRICT, AND WYNWOOD, AND WYNWOOD NORTE PARKING IMPROVEMENT TRUST FUNDS 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. 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 be made available within areas unless otherwise provided for 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 Wynwood parking improvement trust fund, or the Wynwood Norte 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. 35-233_ 35 250 Reserved. Wynwood Norte Parking Improvement Trust Fund — Established. 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 File ID: 8065 (Revision: C) Printed On: 5/19/2025 (a) There is hereby established a trust fund titled the Wynwood Norte Parking Improvement 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 35-233 through 35-236 to facilitate public off-street parking, transportation infrastructure improvements, and maintenance and marketing, inclusive of wayfinding signage, to serve the area generally bounded by Interstate 195 on the north, Interstate 95 on the west, Northwest 29th Street on the south, and North Miami Avenue on the east ("NRD-2 Boundary") 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 wayfinding signage, and other informational devices; (4) Coordinate plans for parking facility improvements or expansion in conjunction with public transportation plans and operations in the vicinity; (5) Conduct studies, surveys, and data collection and prepare plans and specifications for complete streets and alternative right-of-way sections, including in conjunction with City, County, and/or State planning, engineering, and implementation of capital projects; (6) Provide accessibility to off-street parking facilities or alternative transportation facilities by suitable means such as public shuttle, tram or trolley service, or related physical improvements such as bus shelters and right-of-way modifications; and (7) 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 NRD-2 Boundary, supporting alternative transportation facilities and operations, and marketing related to promoting any of the aforementioned activities in this Section. (b) Wynwood Norte Parking Trust Fund recipients may be public entities or public -private partnerships. (c) 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 shall be allocated for purposes consistent with Subsections (a)(1)-(7) of this Section. At least ten percent (10%) of the funds must be maintained as reserves, inclusive of any administrative expenses. (d) Any such shuttle, tram, or trolley service as mentioned in Subsection (a)(6) shall be subject to yearly evaluation of the Wynwood Norte Improvement Committee. (e) There is hereby created a Wynwood Norte 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 sole discretion of the Chief Executive Officer ("CEO") of DOSP, appointed as follows: City of Miami File ID: 8065 (Revision: C) Printed On: 5/19/2025 (1) The CEO shall be a non -voting member. (2) The District 5 City Commissioner shall appoint two (2) voting members who are electors in the NRD-2 Boundary who shall not require DOSP Board confirmation. (3) The Director of Planning of the City, or his/her designee, shall be a voting member who shall not require DOSP Board confirmation. (4) Two (2) voting members that are property owners of any assessed property within the NRD-2 Boundary who shall be subject to DOSP Board confirmation and shall serve three (3) year terms. Such members shall not be associated with each other. (5) Two (2) voting members who shall represent commercial establishments or businesses within the NRD-2 Boundary who shall be subject to DOSP Board confirmation and shall serve two (2) year terms. Such members and establishments shall not be associated with each other. (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) City Commission approval shall not be required for any appointments. (f) 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. (g) Subsequent nominations and vacancies. For any future vacancies that require DOSP Board approval, a selection committee, chosen by the remaining committee members, shall be formed and shall make nominations for filling seats, subject to DOSP Board approval, upon expiration of a term or in the event of any vacancy. (h) Quorum. Quorum shall consist of the presence of four (4) voting members. Sec. 35-234. Funds Made Available; Financial Report. (a) Funds deposited into the Wynwood Norte Parking Trust Fund shall be made available to the DOSP for the purposes set forth in Section 35-233 and for administrative expenses after review and recommendation by the Committee to DOSP and approval by the DOSP Board following receipt and consideration of the Committee's recommendation. DOSP shall submit 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 DOSP and presented to the Committee for its review and approval prior to filing with the City Clerk. Sec. 35-235. Schedule of Fees and Charges for the Wynwood Norte Parking Trust Fund. (a) Fees in lieu of providing required off-street parking for the NRD-2 Boundary shall be as follows: (1) As outlined in the NRD-2 Appendix of the Miami 21 Code, purchase price of $8,750.00 per half -space (residential) and $17,500.00 per full space (commercial or residential) per parking space waiver ("Purchase Price"). The Purchase Price shall be inflation adjusted once at the end of each 5-year period. City of Miami File ID: 8065 (Revision: C) Printed On: 5/19/2025 (2) Permanent Certificate of Waiver. Upon receipt of the full Purchase Price and any reasonable applicable fees for administrative expenses as set by the DOSP from time to time in accordance with the provisions of this Article, 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 sole expense in the public records of Miami -Dade County, Florida. The Certificate of Waiver shall run with the land. (3) Payment as set forth in Subsections 35-235 (a)(1) and (2) shall be due and payable prior to issuance of a building permit, including a phased permit; revisions to an existing building permit for any new construction or addition that generates additional required parking spaces; issuance of a Certificate of Use or Temporary 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 35-236. Sec. 35-236. - Parking Waiver Certificates; Revocation; Refunds. (a) Certificates of Waiver shall not be issued without full payment and only issued after verification by the Zoning Administrator, by or with any other applicable City departments, that such Certificate of Waiver is in compliance with the Miami 21 Code and the parking requirements applicable through the NRD-2 Boundary. (b) Failure to maintain a building permit as required in this Article shall cause the Zoning Administrator to revoke the Certificate of Waiver. 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. (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, temporary certificate of occupancy, certificate of completion, certificate of use, or temporary certificate of use for the improvements that generated the parking requirements for which the Certificate of Waiver was issued, the DOSP shall apply a credit to run with the property and be available to apply towards a future Certificate of Waiver. Sec. 35-237 — 35-250. Reserved." Section 3. If any section, part of a section, paragraph, clause, phrase, or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 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. City of Miami File ID: 8065 (Revision: C) Printed On: 5/19/2025 APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor dez, ity ° ttor ey 5/3/2021 ey 5/3/2021 dez, bty ttor ey ) 11/30/2020 City of Miami File ID: 8065 (Revision: C) Printed On: 5/19/2025