Loading...
HomeMy WebLinkAboutO-13771City of Miami op Legislation alldl 11 li.RR cl + Ordinance: 13771 File Number: 3424 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/28/2018 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"), ENTITLED "COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Vice Chair Ken Russell WHEREAS, the City of Miami ("City") has two (2) Business Improvement Districts ("BID"); and WHEREAS, the BIDs positively impact their respective areas for local businesses and residents; and WHEREAS, both BIDs have parking improvement trust funds that are designed to collect monies from businesses in lieu of those businesses providing the requisite parking spaces as required by Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, the funds collected from the parking improvement trust funds allow the BIDs to acquire other lands to provide additional parking, lease or build parking areas, build bus shelters, improve the Rights -of -Way, and accomplish other endeavors as allowed by Section 35-221 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, Article 3 of the Miami 21 Code lays out specific requirements for all off- street parking; and WHEREAS, allowing Chapter 35 of the City Code to control the off-street parking requirements as it relates to the Parking Improvement Trust Funds is in the best interest of the businesses and residents of the City of Miami; 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 V, of the Code of the City of Miami, Florida, as amended, is amended to read as follows:' ' 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 4 File ID: 3424 (Revision:) Printed On: 10/11/2018 File ID: 3424 "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC Enactment Number: 13771 ARTICLE V. COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYWOOD PARKING IMPROVEMENT TRUST FUNDS Sec. 35-220. Required off-street parking and payment in lieu of require off-street parking. The minimum off-street parking requirements shall be as depicted herein and/or in the zoning ordinance of the city. Said minimi,m 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. (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 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, or the Wynwood 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 City of Miami Page 2 of 4 File ID: 3424 (Revision:) Printed on: 10/11/2018 File ID: 3424 Enactment Number: 13771 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. 35-221. - Coconut Grove Parking Improvement Trust Fund—Established. (a) There is hereby established a trust fund to be entitled the Coconut Grove parking improvement trust fund, (the "Coconut Grove parking trust fund") to be maintained and administered by the department of off-street parking into which funds shall be deposited and from which funds shall be withdrawn pursuant to this chapter to facilitate public off-street parking, infrastructure improvements and maintenance and marketing to serve the area referred to herein as "Coconut Grove Village Center" generally bound by Oak Avenue and Tiger Tail Avenue to the North, S.W. 27th Avenue, South Bayshore Drive, both sides of McFarlane from Grand Avenue to South Bayshore Drive, both sides of Grand Avenue from Margaret Street to Mary Street, both sides of Grand Avenue from Hibiscus Street to Margaret Street, both sides of Main Highway from Grand Avenue to Commodore Plaza, both sides of Commodore Plaza, and the North side of Main Highway from Commodore Plaza to Franklin Avenue consisting of that portion of the area formerly known as the SD -2 zoning district east of Margaret Street, that portion of the area formerly known as of the SD -17 zoning district west of S.W. 27th Avenue, and that zone designated G/I in the city's official zoning atlas and bounded by Charles Avenue on the south and Main Highway on the east and presently occupied by the Coconut Grove Playhouse through means which may include, but are not limited to the following activities: (1) Acquire fee simple or other interest in land, and other real property for parking purposes; (2) Construct, maintain, operate, lease, manage, 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 and expansion with public transportation plans and operations in the vicinity, particularly the joint facilities City of Miami Page 3 of 4 File ID: 3424 (Revision:) Printed on: 10/11/2018 File ID: 3424 Enactment Number: 13771 that might be operated in connection with Metrorail and any feeder services existing or future; (5) Provide accessibility to off-street parking facilities by suitable means such as public shuttle, tram or trolley service and related physical improvements such as bus shelters and right-of-way modifications which may include the area from Bayshore Boulevard to the Coconut Grove Village Center; (6) Perform such other related activities as may be appropriate to carry out the intent of this article including, but not limited to, reimbursement of administrative costs, infrastructure improvements in the public right-of-way, contributing to maintenance of the public sidewalks within the business district defined herein, as well as destination marketing; (7) It is the intent of this article that at least 90 percent of the funds, as determined at the beginning of each fiscal year, in the trust fund shall be utilized for subsections (a)(1) - (6). At least ten percent of the funds must be maintained as reserves; (8) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(5), shall be subject to yearly evaluation of the Coconut Grove business improvement district board. Parking calculations for new and adaptive developments shall be according to the Miami 21 Code if all parking is to be provided on site. If parking is to be provided by payment in lieu of required off-street parking, the Miami 21 Code shall be followed except for Food Service Establishments as defined in the Miami 21 Code. Food Service Establishments shall have an additional supplemental parking space requirement of 1:150 per square foot and for Sidewalk Cafes, there shall be a supplemental parking space requirement of 1:100 per square foot. Payment into the Trust Fund of the supplemental parking is required prior to obtaining a Certificate of Use or Temporary Certificate of Use. *„ Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 &ina City Attor iey 1/16/2018 Barnaby L. Min, Deputy City Attorney 4/17/2018 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 4 of 4 File ID: 3424 (Revision:) Printed on: 10/11/2018