FR.3 - 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, 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 35-245, TITLED "CALLE OCHO PARKING IMPROVEMENT TRUST FUND – ESTABLISHED," SECTION 35-246, TITLED “FUNDS MADE AVAILABLE; FINANCIAL REPORT,” SECTION 35-247, TITLED “SCHEDULE OF FEES AND CHARGES FOR CALLE OCHO PARKING IMPROVEMENT TRUST FUND,” AND SECTION 35-248, TITLED "PARKING WAIVER CERTIFICATES; REVOCATION; REFUNDS," TO ESTABLISH THE CALLE OCHO PARKING IMPROVEMENT TRUST FUND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
October 22, 2026
Sponsors
Commissioner Rolando Escalona (D3)
Department: Department of Planning
Category: Other
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 21Code”), 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 areas to allow flexibility in meeting parking requirements while generating funding for shared, district-wide parking and mobility improvements; and
WHEREAS, Calle Ocho is a historic, culturally significant, and economically active street where a coordinated approach to parking, mobility, and infrastructure is necessary to support continued growth and preservation; and
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 Calle Ocho 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, it is found that reinvesting parking-related revenues within Calle Ocho will directly benefit the area by improving accessibility, supporting local businesses, and enhancing the public realm; 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, at its meeting on September 16, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-063 by a vote of ten to two (10 - 2), Item No. 11, recommending approval of the City Code amendment – with the additional recommendation that the price be increased to $17,500 for half a space and $35,000 for a full space; and
WHEREAS, it is found that the establishment of the Calle Ocho 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 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, it is found that the establishment of the Calle Ocho 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;
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:
“CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
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ARTICLE V. COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT, WYNWOOD,WYNWOOD NORTE,DOWNTOWN FLAGLER DISTRICT, AND LITTLE HAVANA, AND CALLE OCHOPARKING IMPROVEMENT TRUST FUNDS
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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 withsection 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 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, or the Calle Ocho 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.
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Sec. 35-245. Calle Ocho Parking Improvement Trust Fund—Established.
(a) There is hereby established a trust fund to be entitled the Calle Ocho Parking Improvement Trust Fund, ("Calle Ocho 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 toSections 35-245through35-248to facilitate public off-street parking, transportation infrastructure improvements, maintenance and marketing, inclusive of wayfinding signage, to serve the area consisting of the properties located on Southwest 8th Street, between Southwest 22nd Avenue and Southwest 4th Avenue, as more particularly 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 wayfinding 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;
(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 Calle Ocho defined herein, supporting alternative transportation facilities and operations, as well as marketing related to promoting any of the aforementioned activities.
(b) Calle Ocho 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 ninety 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 Calle Ocho Improvement Committee.
(e) There is hereby created a Calle Ocho 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 Calle Ocho 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 Calle Ocho 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 Calle Ocho 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.
(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 (4) voting members.
Sec. 35-246. Funds made available; financial report.
(a) Funds deposited into the Calle Ocho Parking Trust Fund shall be made available to the DOSP for the purposes set forth in section 35-245 and or 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 Calle Ocho 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. 35-247. Schedule of fees and charges for Calle Ocho parking trust fund.
(a) Fee in lieu of providing required off-street parking for the area described as the Calle Ocho 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 subsections35-247(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 inSection 35-248.
Sec. 35-248. Parking waiver certificates; revocation; refunds.
(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. 35-245249 \- 35-250. Reserved.”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days upon adoption hereof.
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 areas to allow flexibility in meeting parking requirements while generating funding for shared, district-wide parking and mobility improvements; and
WHEREAS, Calle Ocho is a historic, culturally significant, and economically active street where a coordinated approach to parking, mobility, and infrastructure is necessary to support continued growth and preservation; and
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 Calle Ocho 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, it is found that reinvesting parking-related revenues within Calle Ocho will directly benefit the area by improving accessibility, supporting local businesses, and enhancing the public realm; 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, at its meeting on September 16, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-063 by a vote of ten to two (10 - 2), Item No. 11, recommending approval of the City Code amendment – with the additional recommendation that the price be increased to $17,500 for half a space and $35,000 for a full space; and
WHEREAS, it is found that the establishment of the Calle Ocho 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 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, it is found that the establishment of the Calle Ocho 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;
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:
“CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
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ARTICLE V. COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT, WYNWOOD,WYNWOOD NORTE,DOWNTOWN FLAGLER DISTRICT, AND LITTLE HAVANA, AND CALLE OCHOPARKING IMPROVEMENT TRUST FUNDS
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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 withsection 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 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, or the Calle Ocho 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.
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Sec. 35-245. Calle Ocho Parking Improvement Trust Fund—Established.
(a) There is hereby established a trust fund to be entitled the Calle Ocho Parking Improvement Trust Fund, ("Calle Ocho 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 toSections 35-245through35-248to facilitate public off-street parking, transportation infrastructure improvements, maintenance and marketing, inclusive of wayfinding signage, to serve the area consisting of the properties located on Southwest 8th Street, between Southwest 22nd Avenue and Southwest 4th Avenue, as more particularly 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 wayfinding 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;
(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 Calle Ocho defined herein, supporting alternative transportation facilities and operations, as well as marketing related to promoting any of the aforementioned activities.
(b) Calle Ocho 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 ninety 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 Calle Ocho Improvement Committee.
(e) There is hereby created a Calle Ocho 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 Calle Ocho 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 Calle Ocho 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 Calle Ocho 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.
(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 (4) voting members.
Sec. 35-246. Funds made available; financial report.
(a) Funds deposited into the Calle Ocho Parking Trust Fund shall be made available to the DOSP for the purposes set forth in section 35-245 and or 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 Calle Ocho 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. 35-247. Schedule of fees and charges for Calle Ocho parking trust fund.
(a) Fee in lieu of providing required off-street parking for the area described as the Calle Ocho 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 subsections35-247(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 inSection 35-248.
Sec. 35-248. Parking waiver certificates; revocation; refunds.
(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. 35-245249 \- 35-250. Reserved.”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days upon adoption hereof.
Fiscal Impact
N/A