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Home My WebLink AboutO-13854City of Miami q Legislation Ordinance: 13854 File Number: 5881 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/25/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 35/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PRIVATE PARKING LOTS;" MORE PARTICULARLY BY AMENDING SECTION 35-290 OF THE CITY CODE, TITLED "COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE XIII, DIVISION 4," TO ADDRESS PERMITS THAT MAY HAVE BEEN ISSUED IN ERROR UNDER THE TEMPORARY INTERIM PARKING PROGRAM PROVIDED FOR IN SECTION 62-543(4) OF THE CITY CODE ("PROGRAM"), TO ADDRESS PENDING APPLICATIONS SUBMITTED PURSUANT TO THE PROGRAM, AND TO SUPPORT TEMPORARY PARKING NEEDS WITH CERTAIN RESTRICTIONS; PROVIDING FOR REQUIREMENTS FOR THE PROGRAM; REPEALING SECTION 62-543(4) OF THE CITY CODE FOR FUTURE APPLICATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell WHEREAS, Chapter 62/Article XIII/Division 4 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Planning and Zoning Approval for Temporary Uses and Occupancies; Permit Required/Interim Parking," provides for a mechanism to enable conditionally, unimproved, and partially improved lots in the City of Miami ("City") to be utilized for accessory parking purposes in a temporary fashion without having to comply with permanent parking requirements; and WHEREAS, Section 62-543 of the City Code, titled "Temporary Permit Required for Approval," provides for five (5) different types of interim parking in the City including an interim parking temporary program ("Program"); and WHEREAS, Chapter 35/Article VIII of the City Code, titled "Private Parking Lots," regulates private parking lots located in the City, including those that are part of the Program; and WHEREAS, Section 35-290 of the City Code, titled "Compliance with the Interim Parking in Chapter 62, Article XIII, Division 4," was added to the City Code on or about January 9, 2014 via Ordinance No. 13427; and WHEREAS, the implementation of Section 35-290 of the City Code essentially eliminated the Program provided for under Section 62-543(4) of the City Code, as Section 35- 290 of the City Code required all parking lots in the Program to come into full compliance with the Florida Building Code and Chapter 8C of the Miami -Dade County Code by requiring all parking lots to comply with all requirements regarding landscaping, lighting, asphalt, and fencing; and City of Miami Page 1 of 5 File ID: 5881 (Revision: C) Printed On: 8/14/2019 File ID: 5881 Enactment Number: 13854 WHEREAS, Section 35-290 of the City Code further required all parking lot owners/operators that have not previously availed themselves of the Program under Section 62- 543(4) of the City Code to comply with all regular requirements of state, county, and local laws regarding the permitting, operation, and maintenance of parking lots; and WHEREAS, some permits were issued under the Program after the adoption of Section 35-290 of the City Code; and WHEREAS, there are currently active and inactive applications for the Program as detailed in Exhibit "A," attached and incorporated; and WHEREAS, the City Commission is desirous of addressing any permits issued by the City after the implementation of Section 35-290 of the City Code, as well as allowing the pending permit applications under the Program to be processed with certain restrictions; and WHEREAS, the City Commission is further desirous of clarifying that the Program under Section 62-543(4) of the City Code is no longer available going forward; and WHEREAS, the City Commission would additionally like to clarify that interim parking must comply with the waterfront standards delineated in the Charter of the City of Miami, Florida, as amended, and Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the City Code for the purposes stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 35/Article VIII/Section 35-290 of the City Code is hereby amended as follows:' "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE VIII. PRIVATE PARKING LOTS Sec. 35-290. Compliance with the interim parking in chapter 62, article XIII, division 4. ' 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 2 of 5 File ID: 5881 (Revision: C) Printed on: 8/14/2019 File ID: 5881 Enactment Number: 13854 a) All parking lots in the interim temporary parking pilot program authorized pursuant to subsection 62-543(4) of the City Code must immediately come into full compliance with the Florida Building Code, the Florida Building Code -Accessibility and the Miami - Dade County Code, Chapter 8C, including, but not limited to, the requirements for landscaping, lighting, asphalt, fencing, etc., based on the date set for compliance in the original application or a^hieye full ^^,,Barre +ho Afnromon4iGRed Fe9 liromon4ss �yhir+hovor iss latoras set forth in subsection (b) below. whichever is shorter. (b) Any parking lot owner or operator of lots that is not listed in Exhibit "A," attached, incorporated, and on file with the Office of the City Clerk, and that has not previe6Isly aya..LQd_ 4homssoh as of. +ho applied to avail its property of the interim temporary parking pilot program authorized pursuant to subsection 62-543(4) of the City Code by t#e effer+iye d•;;te of the el:din;;Aruo from +hiss ssortinn deariye- December 19, 2018; must comply with and adhere to all regular requirements of state, county, and local laws and ordinances as it pertains to the permitting, operation, and maintenance of all parking lots and may not apply for a permit under Section 62-543(4) of the City Code. Any parking lot owner or operator of a lot who has received an approval after January 9, 2014 and that meets all permit and City Code requirements shall be allowed to operate pursuant to its permit provided that the all interim parking lots must come into full compliance with all state, county, and local laws, rules, and regulations regarding the permitting, operation, and maintenance of parking lots within one (1) year from obtaining a Temporary Certificate of Occupancy or within one (1) year from one hundred twenty (120) days from passage of this Ordinance, whichever is shorter. Nothing herein shall be deemed to preclude the continued use and permitting of conditionally improved, unimproved, and partially improved temporary parking lots as authorized pursuant to ssi h-ssor tie.pss 62 543(1), (2) and (3) any other subsection of Section 62-543 of the City Code. *91 Section 3. Chapter 62/Article XIII/Division 4/Section 62-543 of the City Code is hereby amended as follows:2 "CHAPTER 62 PLANNING AND ZONING ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 4 — INTERIM PARKING 2 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 3 of 5 File ID: 5881 (Revision: C) Printed on: 8/14/2019 File ID: 5881 Enactment Number: 13854 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. (5) Temporary parking—Central business district. Temporary commercial or non- commercial parking lots may be operated within the central business district. Such lots may be operated independent of a primary use. *„ Section 4. 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 5. This Ordinance shall become effective immediately upon adoption thereof.3 APPROVED AS TO FORM AND CORRECTNESS: 3 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 5 File ID: 5881 (Revision: C) Printed on: 8/14/2019 File ID: 5881 APPROVED AS TO FORM AND CORRECTNESS: Enactment Number: 13854 r � r ria ' ndez, Cify Attor iey 611 812 0 1 9 ria ndez, ity ttor ey 811312019 City of Miami Page 5 of 5 File ID: 5881 (Revision: C) Printed on: 811412019