HomeMy WebLinkAboutO-14473City of Miami
Ordinance 14473
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19324 Final Action Date: 6/11/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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,
WYNWOOD, WYNWOOD NORTE, AND DOWNTOWN FLAGLER DISTRICT
PARKING IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY
AMENDING SECTION 35-220, TITLED "REQUIRED OFF-STREET PARKING
AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING" AND
ESTABLISHING SECTION 35-241, TITLED "LITTLE HAVANA PARKING
IMPROVEMENT TRUST FUND — ESTABLISHED," SECTION 35-242, TITLED
"FUNDS MADE AVAILABLE; FINANCIAL REPORT," SECTION 35-243, TITLED
"SCHEDULE OF FEES AND CHARGES FOR LITTLE HAVANA PARKING
IMPROVEMENT TRUST FUND," SECTION 35-244, TITLED "PARKING
WAIVER CERTIFICATES; REVOCATION; REFUNDS," TO ESTABLISH THE
LITTLE HAVANA DOWNTOWN PARKING IMPROVEMENT TRUST FUND;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Rolando Escalona
WHEREAS, the City of Miami ("City") regulates parking and loading 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, Chapter 35 of the City Code establishes regulations governing required off-
street parking and provides mechanisms for satisfying such requirements, including payment in
lieu of providing parking spaces; and
WHEREAS, the City recognizes that strict off-street parking requirements may present
constraints to redevelopment, adaptive reuse, and economic vitality in established urban
neighborhoods such as Little Havana; and
WHEREAS, the City has previously implemented parking improvement trust fund
programs in other districts to allow flexibility in meeting parking requirements while generating
funding for shared, district -wide parking and mobility improvements; and
WHEREAS, the Little Havana neighborhood is a historic, culturally significant, and
economically active district where a coordinated approach to parking, mobility, and
infrastructure is necessary to support continued growth and preservation; and
City of Miami Page 1 of 7 File ID: 19324 (Revision: A) Printed On: 7/27/2026
File ID: 19324 Enactment Number: 14473
WHEREAS, allowing property owners to satisfy parking requirements through payment
into a dedicated parking improvement trust fund can facilitate development while ensuring that
parking and mobility needs are addressed comprehensively at the district level; and
WHEREAS, the establishment of the Little Havana Parking Improvement Trust Fund will
create a dedicated funding source for the acquisition, construction, maintenance, and operation
of publicly accessible off-street parking facilities and related infrastructure; and
WHEREAS, such funds may also be used to support transportation demand
management strategies, including transit coordination, shuttle services, streetscape
improvements, and pedestrian enhancements, to reduce reliance on single -occupancy vehicles;
and
WHEREAS, the City Commission finds that reinvesting parking -related revenues within
the Little Havana district will directly benefit the area by improving accessibility, supporting local
businesses, and enhancing the public realm; and
WHEREAS, the creation of a governance structure, including a Little Havana
Improvement Committee, will ensure stakeholder input, transparency, and accountability in the
administration and expenditure of trust fund revenues; and
WHEREAS, the proposed fee structure for payments in lieu of parking is intended to
reflect the cost of providing parking and related improvements while remaining predictable and
administratively feasible; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
June 3, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-030
by a vote of eight to zero (8-0), Item No. 4, recommending to the City Commission approval of
the ordinance of the City Code amendment with the additional recommendations of 1) 25% of
the contributions in the Trust Fund to be used for the creation of parking spaces; 2) a
development to utilize the payment in lieu of parking for a maximum of 70% of the required
parking; and 3) the price be increased to $17,500 for a half space and $35,000 for a full space;
and
WHEREAS, the City Commission finds that the establishment of the Little Havana
Parking Improvement Trust Fund is consistent with and advances the goals, objectives, and
policies of the City of Miami Comprehensive Neighborhood Plan, specifically Goal LU-5: The
City shall focus on planning for all neighborhoods in the City to address general matters
pertaining to quality of life in the context of a rapidly growing city, most particularly,
transportation, resilience, housing, equitable development, parks & recreation, and the
economy; and
WHEREAS, the City Commission desires to promote equitable and efficient land use,
reduce surface parking proliferation, and encourage more sustainable and context -sensitive
development patterns consistent with the Miami 21 Code and applicable neighborhood planning
policies; and
WHEREAS, the City Commission finds that the establishment of the Little Havana
Parking Improvement Trust Fund as depicted in Exhibit "A", attached and incorporated, serves a
valid public purpose by enhancing mobility, supporting economic development, and improving
quality of life within the district;
City of Miami Page 2 of 7 File ID: 19324 (Revision: A) Printed on: 7/27/2026
File ID: 19324 Enactment Number: 14473
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,
WYNWOOD, WYNWOOD NORTE, AND DOWNTOWN FLAGLER DISTRICT, AND LITTLE
HAVANA 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 this chapter, 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.
(1) Upon application to the planning director, the owner of a property may request a waiver
of any or all of the eligible parking spaces, as specified in the zoning ordinance by
substituting the payment of a fee per space in lieu of providing the required parking
spaces.
(2) If the application for the waiver of required off-street parking is approved by the planning
director, the property owner shall pay the required fee per space to the department of
off-street parking for deposit in a special fund, depending on the area for which the
parking is located.
(3) Except as otherwise permitted for required supplemental parking for those uses specified
in the minimum required parking charts included the zoning ordinance, payment of the
required fee per space shall be made in the form of a payment of a fixed amount. The
rental fee in lieu of required supplemental parking shall be paid in accordance
with section 35-224, as long as the supplemental parking spaces for the specified use
are required.
(4) Fees for the parking waiver shall be as established by this chapter and the zoning
ordinance.
(5) If a property owner is entitled to pay a fee in lieu of providing required parking or loading
as provided for in this section, the initial payment, shall be made in advance 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.
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File ID: 19324 Enactment Number: 14473
Coconut Grove parking improvement trust fund, the design district parking improvement
trust fund, the Wynwood parking improvement trust fund, the Wynwood Norte parking
improvement trust fund,— the Downtown Flagler District parking improvement trust
fund, or the Little Havana 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.
(6) Evidence of issuance of a waiver of required off-street parking shall be in the form of a
certificate of waiver, recorded in the public records of Miami -Dade County, at property
owner's expense issued in the name of the owner of the property for which the waiver is
granted. The date on the certificate shall be the effective date of the waiver thereby
granted. Such certificate shall carry a statement allowing the waiver to be transferred by
the planning director to a new owner within 90 days of a written request to the director.
Said transfer shall be granted, provided that all fees are current and other requirements
have been satisfied. A certificate of use shall not be issued for the use of any property
for which the parking requirements have not been satisfied as provided for herein.
(7) The waiver of required off-street parking shall be applicable only to the structure and use
for which it is issued. New development or additions, or any construction generating
additional square footage of floor space or increasing the floor lot ratio, shall be required
to comply with the parking requirements for said additions or obtain proper parking
approvals. Certificates of parking waiver may be modified to include new square footage
as long as the overall thresholds as specified in the zoning ordinance or as provided in
this chapter are not exceeded.
(8) A waiver of required supplemental off-street parking issued under the provisions of this
section shall be revoked if any required fees remained unpaid for more than 90 days
after the date due.
Sec. 35-241. — Little Havana Parking Improvement Trust Fund —Established.
(a) There is hereby established a trust fund to be entitled the Little Havana Parking
Improvement Trust Fund, ("Little Havana Parking Trust Fund") to be maintained and
administered by the Department of Off -Street Parking ("DOSP"), also known as the Miami
Parking Authority, or any successor agency designated by the City Commission to administer
and oversee the program and provide an annual report to the City Commission, into which funds
shall be deposited and from which funds shall be withdrawn pursuant to Sections 35-
241 through 35-244 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 Little Havana Parking Trust 1 and 2 boundaries depicted
in Exhibit A, 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 conjunction with
public transportation plans and operations in the vicinity;
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(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;
(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 Little Havana District
defined herein, supporting alternative transportation facilities and operations, as well as
marketing related to promoting any of the aforementioned activities.
(b) Little Havana parking trust fund recipients may be privately -owned entities or individuals,
public entities, or public -private partnerships.
(c) It is the intent of this section that at least 90 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. Twenty-five percent (25%) of those funds may only be used for
purposes consistent with subsections (a)(1) and (2) 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 the yearly evaluation of the Little Havana improvement committee.
(e) There is hereby created a Little Havana 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 the DOSP,
appointed as follows:
(1) The CEO shall be a non -voting member.
(2) The District 3 City Commissioner shall appoint two (2) voting members who are
electors in the Little Havana parking trust fund 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 Little Havana Parking Trust Fund who shall be subject to DOSP board confirmation
and shall serve three-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 Little Havana Parking Trust Fund boundary who shall be subject to
DOSP board confirmation and shall serve two-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 of the DOSP 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.
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(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 voting members.
Sec. 35-242. - Funds made available; financial report.
(a) Funds deposited into the Little Havana Parking Trust Fund shall be made available to the
DOSP for the purposes set forth in section 35-241 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 Little Havana parking trust fund receipts and expenditures shall be
prepared annually at the close of the fiscal year by the off-street parking department and
presented to the Committee for its review and approval prior to filing with the City Clerk.
Sec. 35-243. - Schedule of fees and charges for Little Havana parking trust fund.
(a) Fee in lieu of providing required off-street parking for the area described as the Little Havana
district shall be as follows:
(1) Lots over 40,000 square feet shall only be allowed to pay a fee in lieu of providing
parking for a maximum of 70% of the required parking.
(2) A purchase price of $13,500.00 per half -space (residential) and $27,000.00 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-year period. The
first such adjustment shall occur on October 1, 2031, using the consumer price index
urban consumers ("CPI-U").
(3) 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.
(4) Payment, as set forth in subsections 35-243(a)(1) and (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 35-244.
Sec. 35-244. — Parking waiver certificates; revocation; refunds.
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File ID: 19324 Enactment Number: 14473
(a) Certificates of Waiver shall not be issued without full payment and after verification by the
Zoning Administrator, and with any other applicable City departments, that such Certificate of
Waiver is in compliance with the City's zoning ordinance, the Miami 21 Code, 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 DOSP shall apply a credit to run with the
property and be available to apply towards a future Certificate of Waiver.
Secs. 35-2/1 1 245 - 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
APPROVED AS TO FORM AND CORRECTNESS:
rge
ng IIV, C ty ttor -y 7/23/2026
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 Page 7 of 7 File ID: 19324 (Revision: A) Printed on: 7/27/2026