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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17178 Date: 01/25/2025 Commission Meeting Date: 09/11/2025 Type: Ordinance Subject: Amend Code - Chapter 62 - Interim Parking Legislation Purpose of Item: Requesting Department: Office of Zoning Sponsored By: District Impacted: All To amend Chapter 62, Section 62-543 of the Code of the City of Miami, Titled `Temporary Permit Required For Approval, "the purpose is to create criteria for interim special use parking so it may be located adjacent to, abutting or across the street from a property zoned T3-R, T3-L or T3-O and amend renewal period. Background Information: In an effort to create flexibility and allow interim special use parking in residential areas that abut small business districts. Budget Impact Analysis Item is Related to Revenue Total Fiscal Impact: N/A City Commission Office of Zoning Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission Reviewed B Nicole Ewan Tamara Frost Fred Pericles Marie Gouin Asael Marrero Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Amber Ketterer George K. Wysong III Joseph Castro Maricarmen Lopez Meeting Department Head Review Budget Analyst Review Budget Review Assistance City Manager Deputy City Manager City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 02/27/2025 9:00 AM 02/28/2025 5:19 PM 03/02/2025 9:22 PM 03/03/2025 11:02 AM 03/03/2025 11:11 AM 03/03/2025 11:17 AM 03/03/2025 12:00 PM 03/03/2025 9:37 PM 03/04/2025 3:32 PM 03/04/2025 3:39 PM 03/13/2025 9:00 AM 09/11/2025 9:00 AM City of Miami File ID: 17178 (Revision:) Printed On: 9/23/2025 City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17178 Final Action Date: 9/11/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 4/SECTION 62-543 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/INTERIM PARKING/TEMPORARY PERMIT REQUIRED FOR APPROVAL," TO ALLOW AND PROVIDE CRITERIA FOR WHEN INTERIM SPECIAL USE PARKING MAY BE LOCATED ADJACENT TO, ABUTTING OR ACROSS THE STREET FROM A PROPERTY ZONE T3-R, T3-L OR T3-O; TO UPDATE AND CLARIFY RENEWAL PERIODS FOR CERTAIN INTERIM PARKING; AND TO PROVIDE OTHER UPDATES AND CLARIFICATIONS ON INTERIM PARKING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Ordinance No. 14069, adopted on June 9, 2022, reestablished the Temporary Interim Parking Program to allow for conditionally unimproved and partially improved parking lots on private property; and WHEREAS, the current zoning regulations within the City of Miami ("City") do not allow Interim Special Use Parking located adjacent to, abutting or across the street from property zoned T3-R, T3-L or T3-O; and WHEREAS, these amendments to Section 62-543 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Temporary Permit Required for Approval," will establish criteria that may allow Interim Special Use Parking to be located adjacent to, abutting or across the street from property zoned T3-R, T3-L or T3-O; and WHEREAS, these amendments to Section 62-543 of the City Code will provide renewal period(s) for interim special use parking; and WHEREAS, the City recognizes the growing demand for accessible parking near residential neighborhoods and it is in the best interest of the general welfare of the City and its residents to amend Section 62-543 of the City Code as hereinafter set forth; 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62, Article XIII, Division 4, Section 62-543 of the City Code is hereby City of Miami File ID: 17178 (Revision:) Printed On: 9/23/2025 amended in the following particulars:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 4. INTERIM PARKING * * * Sec. 62-543. Temporary permit required for approval. An interim parking facility or interim parking shall be defined as a surface parking lot for which paving, drainage and marking of parking spaces as well as other improvements incidental to permanent parking lots shall not be required on a temporary basis. Notwithstanding the temporary nature of the parking, all interim parking must fully comply with the waterfront standards of the City Charter and the Miami 21 Code. Compliance timeframes as set forth herein or for any permit issued pursuant to this section shall begin to run from the date of issuance of the certificate of use or temporary certificate of use for the parking permit. Notwithstanding the temporary nature of any parking permit issued pursuant to this section, all properties wishing to avail themselves of this section shall be unified by a unity of title or covenant in lieu of unity of title, as applicable and as more specifically set forth in the Miami 21 zoning code. All temporary parking lots approved pursuant to this section shall require noticing in the same manner as a warrant, as the same is defined in the Miami 21 zoning code. Applicants seeking a permit under this Section shall submit a Temporary Certificate of Use ("TCU") application after receiving a Building permit. This is in accordance with the City of Miami Certificate of Use procedure, along with providing an operational plan satisfying the requirements of the criteria as described below. There shall be five types of interim parking as follows: Temporary special event parking; Short-term event parking; Interim special use parking; Limited -term citywide parking program; and Temporary parking —Urban central business district. (1) Temporary special event parking. Temporary special event parking on unimproved interim parking lots, as defined herein, shall mean parking permitted pursuant to a temporary permit and only in conjunction with an approved special event that requires the additional parking to be accommodated on said lot(s). (2) Short-term event parking. Short-term event parking means parking permitted as a conditional use on lots not zoned T3-R, T3-L, T3-O, T4-R, T5-R, or T6-R pursuant to the 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: 17178 (Revision:) Printed On: 9/23/2025 (3) Miami 21 zoning code, within a 1,500-foot radius of the major public facility they are intended to serve, pursuant to a temporary permit subject to the applicable criteria in division 2, and only in conjunction with major public facilities such as major sports facilities, arenas, exhibition centers, performing arts centers and any other such major public facility whose scale and operation warrant the use of interim parking facilities on an event -by - event basis versus daily year-round use. However, no such short-term event parking shall be located adjacent to, abutting or across the street from property zoned T3-R, T3-L, or T3- O. Renewals may only be granted by the city manager or designee upon findings and recommendations by the director of the department of planning that such renewals are in the best interest of the city for reasons related to insufficient parking within proximity of a major public facility. At such time that renewals are granted, the city manager may include conditions to mitigate safety concerns that arise as reported by code enforcement or the city police department that pertain to the particular parking facility in question. Such mitigation requests of the applicant shall be limited to the following: (i) improvements to or addition of pavement and striping; (ii) erection of lighting to the site in compliance with applicable governing requirements; and (iii) the addition of aluminum or galvanized steel fencing around the parking lot's perimeter. Parking spaces provided as interim parking shall not be counted toward meeting required parking for any such major public facility, unless parking spaces are either owned, controlled, or under agreement for use by the major public facility it serves. Interim special use parking. Interim special use parking means parking permitted as a conditional use on a lot not zoned T3-R, T3-L, T3-0, T4-R, T5-R, or T6-R pursuant to the Miami 21 zoning code, within a 1,500-foot radius of the special uses they are intended to serve, pursuant to a temporary permit subject to the applicable criteria in division 2 above, and only in conjunction with uses such as special entertainment districts, historic districts which consist predominantly of properties with a zoning designation allowing for commercial uses as defined in the Miami 21 zoning code, government facilities or institutional uses whose scale and operation warrant the daily year round use of interim parking facilities rather than temporary special event uses. However, no such interim property zoned T3 R, T3 L, or T3 O. Special use areas may also include other public or private attractions and uses that are over ten acres in size that could benefit from interim parking succh--ass a�-rdoog tract amusemen ark or fl �GT�Tf'f�A_" _'_ _' _'_`.I ITGTGT� G'T7TG7�iflTCTIt�GT7CVTTf et Interim special use parking may be located adjacent to, abutting or across the street from a property zoned T3-R, T3-L, or T3-0 if the following criteria are met: 1. Located within a 500-foot radius of the special uses they are intended to serve. 2. Use of a perimeter fencing to assist in the control of access points and security of proposed parking lots while not in use. 3. Along all the perimeter of the parking lot with the adjacent properties, provide a wall or a solid fence of six (6) foot in height minimum. 4. Along all the perimeter of the parking lot with the adjacent properties, provide a landscape buffer consisting of shrubs which shall be at least 36 inches in height at the time of planting. 5. Access driveways cannot exceed 30 feet in width. 6. A vision clearance of 2.5 feet in height at the visibility triangles shall be maintained. 7. All landscaping that is placed on the lot shall be maintained in good condition so as to present a healthy, neat, and orderly appearance. 8. Surface stormwater shall not drain onto adjacent property or a public right-of-way. If the City's flood plain manager and building official determine that there is insufficient area to accommodate drainage, additional measures may be required to adequately City of Miami File ID: 17178 (Revision:) Printed On: 9/23/2025 drain stormwater runoff. 9. Average lighting levels measured at the Building Frontage shall be minimum 1.0 fc and not exceed 2.0 fc (foot-candles). For lots that operate beyond sundown, lighting shall be provided to meet life safety requirements. 10. An operational plan shall be required to include the following: All parking lots shall be operated and managed by one (1) centralized operator. A dedicated employee shall be available during lot operation times to respond to user needs or other issues that may arise. Lot operation times shall only be allowed between the times of 9 am through 11 P park or flea market. Yearly renewals for short term event parking and I Interim special use parking shall have a maximum initial term of a two (2) years nnay be issued annually by the city manager upon findings and recommendations by the director of the department of planning that such renewals are in the best interest of the city for reasons related to insufficient parking within proximity of the special uses. with a maximum of two (2) subsequent renewals. Renewals may be issued by the City Manager upon findings and recommendations by the Zoning Administrator that such renewals are in the best interest of the City for reasons related to insufficient parking within proximity of the special uses. Interim special use parking shall not exceed six (6) years. Renewals may include conditions to mitigate safety concerns that arise as reported by code enforcement or the city police department that pertain to the particular parking facility in question. Such mitigation requests of the applicant shall be limited to the following: (i) improvements to or addition of pavement and striping; (ii) erection of lighting to the site in compliance with applicable governing requirements; and (iii) the addition of aluminum or galvanized steel fencing around the parking lot's perimeter. Parking spaces provided under this type of interim parking facility shall not be counted toward meeting required parking for any such special use they serve unless such parking facility is in full code compliance. All proposed signage must be placed inside of the Base Building Line, must include hours of operation, contact information, and be in compliance with Article 10, Table 15 of the Miami 21 Code. (4) Limited -term citywide parking program. The limited -term citywide parking program is a fivc six -year temporary parking program that encourages the use of properties on a temporary basis to support parking needs of specific areas within the city. The limited -term citywide parking program permits parking as a conditional use on a lot not zoned T3-R, T3-L, T3-O, T4-R, T5-R, or T6-R pursuant to the Miami 21 zoning code and that has a minimum of 10,000 square feet in size pursuant to a temporary permit and subject to the applicable criteria in division 2. However, no such limited -term citywide parking program may be applied to property adjacent to, abutting, or across the street from property zoned T3-R, T3- L, or T3-O. Parking spaces provided under this limited -term citywide parking program shall not be counted toward meeting required parking for any use they serve, unless such parking facility is in common ownership with the property it is intended to serve or unified with the property it is intended to serve by a covenant in lieu of unity of title or a unity of title. Any parking lot participating in the limited -term citywide parking program shall be required to meet the requirements of Section 3(mm) of the City Charter and of Section 3.11 of the Miami 21 Code. (5) Temporary parking —Urban central business district. Temporary commercial or non- commercial parking lots may be operated within the urban central business district, as depicted in Appendix LU-1 of the Miami Comprehensive Neighborhood Plan. Such lots may be operated independent of a primary use. City of Miami File ID: 17178 (Revision:) Printed On: 9/23/2025 a. Design requirements. All temporary lots within the urban central business district shall adhere to the following minimum design requirements: 1. Parking lots shall be brought to grade with no less than one inch of asphalt over four - inch lime rock base; however, the resilience and public works building department may require a six-inch lime rock base or thicker asphalt based upon the conditions at the site, the intensity at the site or, if trucks are intended to be parked on the site, that would require the additional support base. 2. Surface storm water shall not drain onto adjacent property or a public right-of-way. If the resilience and public works director determines that there is insufficient area to stormwatcr runoff. If the City's flood plain manager and building department determine that there is insufficient area to accommodate drainage, additional measures may be required to adequately drain stormwater runoff. 3. A landscape plan that specifies and quantifies the existing and/or proposed plant material inclusive of mature shade trees, hedge material, ground cover and in -ground irrigation shall be submitted for review and approval according to the following criteria: A. At minimum, the plan shall indicate a three-foot wide, landscaped area bordering the surface area along a property line, street, alley or sidewalk. B. A hedge that is at least 36 inches in height at the time of planting shall be installed on the entire perimeter of the lot; hedges on street or alley frontages shall not exceed 42 inches in height at maturity. C. Landscaped areas shall require protection from vehicular encroachment. Car stops shall be placed at least two and one-half feet from the edge of the paved area. D. All landscaping that is placed on the lot shall be maintained in good condition so as to present a healthy, neat and orderly appearance. 4. Signs. One sign per street frontage is permitted. The maximum size of each sign shall be five square feet or 50 feet of street frontage. Such signs shall also include copy that indicates the name of the operator, the phone number of the operator to report complaints, and who can use the facility (i.e. whether it is open to the general public, private, valet or self -parking). Signage shall also comply with section 35-283 of the City Code. 5. All temporary parking lots shall comply with the lighting standards set forth in section 35- 288 of the City Code. Prior to the issuance of a building permit, the planning director shall approve the site and landscaping plans. b. Duration of temporary parking use; extensions. Temporary parking lots shall not be permitted to exist for a period of greater than ten years from the date of certificate of occupancy or business tax receipt, whichever occurs first, regardless of ownership and approved in accordance with standards set forth herein, below, and in section 62-544 and the procedures utilized for the processing of a warrant in the Miami 21 Code. At the end of this period, or such extensions that may be granted as contemplated herein, if the lot continues to be used for the purposes of parking, a permanent lot shall be constructed in conformity with the governing regulations set forth in the City Code and land development regulations. However, prior to the expiration, or not later than 90 calendar days after the expiration of such approval, an applicant may request one initial extension of time for a period not to exceed three years by filing an application for a temporary parking use. In granting the initial extension of time, or considering an appeal from the planning director's decision regarding an extension of time, the planning City of Miami File ID: 17178 (Revision:) Printed On: 9/23/2025 director or planning, zoning and appeals board, as the case may be, shall consider, among other things, whether the applicant has complied with all of the applicable requirements of these land development regulations, and any conditions imposed by the planning, zoning and appeals board, if any, during its period of operation. After the first extension of time, and prior to expiration, or not later than 90 calendar days after the expiration of such approval, an applicant may request from the planning director not more than two extensions of time for periods not to exceed three years each. In considering such a request, the planning director shall consider the same criteria applied in his or her review of the initial request for approval of a temporary parking use. At the end of all applicable extensions of time for a temporary parking lot, the lot shall cease to be used for parking and the asphalt and rock base shall be removed. * *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the 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: 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 File ID: 17178 (Revision:) Printed On: 9/23/2025