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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney ge°rOe'x. wyson -III DATE: July 16, 2025 RE: Substitution of Item FR.2 on the July 24, 2025, City Commission Meeting; An Ordinance amending Chapter 35/Article 1, titled "Motorized Vehicles and Traffic/In General" specifically amending Section 35-1 titled "Definitions" to provide a definition for a homestead property and establishing a new section 35-11 titled "Parking for Homestead Exempt Property" providing for certain allowable parking on a homestead property File No.: 17556 Item FR.2 on the July 24, 2025, City Commission Meeting Agenda, as referenced above, proposes: An owner of a homesteaded property may park one (1) vehicle on the green space adjacent to a driveway so long as the vehicle was registered, tagged and operable. The Legislation is being substituted to provide further clarity as follows: - To allow for two (2) vehicles to park on the adjacent green space if there is a driveway and/or approach and that no drainage on the property be impeded. cc. Arthur Noriega V, City Manager Marie Gouin, Director, Office of Management & Budget Miriam Santana, Agenda Coordinator /755 rnwvo C)21-4 4--tkom&-i City of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "IN GENERAL," PROVIDING FOR A DEFINITION FOR A HOMESTEAD PROPERTY AND ALLOWABLE PARKING ON A HOMESTEAD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently the City of Miami ("City") suffers from a lack of affordable and workforce housing which has led to an increase of multi -generational occupancy of residences; and WHEREAS, the rise in multi -generational occupancy at a residence, leads to an increase in vehicular ownership that necessitates parking those vehicles; and WHEREAS, the City requires parking accommodations thru its Zoning Ordinance ("Miami 21 Code") for all properties and developments but it does not make a distinction for homestead exempt properties nor the residents of a homesteaded property; and WHEREAS, this contemplated provision will not change any of the parking requirements, regulations or number of parking spaces required pursuant to the Miami 21 Code — it only facilitates a resident of a homestead exempt property to increase its parking availability under certain circumstances; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on , following an advertised hearing, adopted Resolution No. by a vote of , recommending of this item to the City Commission; and WHEREAS, due to the number of property owners who can avail themselves to this relief, it is believed to be in the best interest of our community and community stakeholders that additional parking be allowed for a homestead exempt property; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF-Z. MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordiriance adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 35, Article I of the City Code is amended in the following particulars: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 2 File ID: (Revision:) Printed On: File ID: 12489 Enactment Number: Sec. 35-1 — Definitions. MOTOR VEHICLES AND TRAFFIC ARTICLE I. IN GENERAL * * * Homestead exempt propertv/resident: A property that receives a homestead exemption or person(s) living in a residence that receives homestead exemption as determined and listed by the Miami -Dade County Property Appraiser's Office. This exemption must be current to be applicable. * * * Sec. 35-11 — Parking for Homestead Exempt Properties Notwithstanding any other City Code provision, City guideline, or City policy, a resident of a homestead exempted property may use the adjacent green space, if any, to an improved parking surface accessible through a driveway and/or driveway approach as additional parking for a maximum of two (2) motor vehicles. The motor vehicle(s) must be operable with a current registration and an unexpired tag and must not otherwise be prohibited from parking at a residence as set forth in Sec. 35-10 herein. The motor vehicle(s) parked on green space may not impede on -site drainage. This subsection does not eliminate or modify any parking requirement or parking regulation and/or required accommodation set forth in the Miami 21 Code. Code Enforcement shall have jurisdiction for the proper and effective enforcement of this Section, under Chapter 2, Article X. Section 3. If any section, part of 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 adoption by the City Commission.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 Page 2 of 2 File ID: (Revision:) Printed on: City of Miami Legislation Ordinance File Number: 17556 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTORIZED VEHICLES AND TRAFFIC/IN GENERAL," SPECIFICALLY BY AMENDING SECTION 35-1 OF THE CITY CODE, TITLED "DEFINITIONS," TO PROVIDE A DEFINITION FOR A HOMESTEAD PROPERTY, AND BY ESTABLISHING A NEW SECTION 35-11 OF THE CITY CODE, TITLED "PARKING FOR HOMESTEAD EXEMPT PROPERTY," PROVIDING FOR CERTAIN ALLOWABLE PARKING ON A HOMESTEAD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently the City of Miami ("City") suffers from a lack of affordable and workforce housing which has led to an increase of multi -generational occupancy of residences; and WHEREAS, the rise in multi -generational occupancy at a residence, leads to an increase in vehicular ownership that necessitates parking those vehicles; and WHEREAS, the City requires parking accommodations thru its Zoning Ordinance, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), for all properties and developments but it does not make a distinction for homestead exempt properties nor the residents of a homesteaded property; and WHEREAS, the proposed amendment will not change any of the parking requirements, regulations or number of parking spaces required pursuant to the Miami 21 Code but will only facilitate a resident of a homestead exempt property to increase its parking availability under certain circumstances; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on , following an advertised hearing, adopted Resolution No. by a vote of , recommending of this item to the City Commission; and WHEREAS, due to the number of property owners who can avail themselves to this relief, it is believed to be in the best interest of our community and community stakeholders that additional parking be allowed for a homestead exempt property; 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 I of the City Code is amended in the following particulars:1 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 unchanaed material. City of Miami File ID: 17556 (Revision:) Printed On: 7/16/2025 "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE I. IN GENERAL Sec. 35-1 — Definitions. Homestead exempt property/resident: A property that receives a homestead exemption or person(s) living in a residence that receives homestead exemption as determined and listed by the Miami -Dade County Property Appraiser's Office. This exemption must be current to be applicable. * * * Sec. 35-11 — Parking for Homestead Exempt Properties Notwithstanding any other City Code provision, City guideline, or City policy, a resident of a homestead exempted property may use the adiacent preen space, if any, to an improved parking surface as additional parking of a motor vehicle with a current valid registration and tap that is not otherwise prohibited from parking at a residence as set forth in Sec. 35-10 herein. This subsection does not eliminate or modify any parking requirement or parking regulation and/or required accommodation set forth in the Miami 21 Code. Code Enforcement shall have jurisdiction for the proper and effective enforcement of this Section, under Chapter 2, Article X. * *„ Section 3. If any section, part of 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 adoption by the City Commission.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 hereinwhichever is later. City of Miami File ID: 17556 (Revision:) Printed On: 7/16/2025