Res. No. 127-07-12512RESOLUTION NO.: 127-07-12512
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING
INFRASTRUCTURE TRUST FUND AND ESTABLISHING A PARKING
FEE POLICY; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 19,1993, the City Commission of the City of South Miami
adopted Ordinance No. 19-93-1545, titled as the "Hometown District Overlay Ordinance," which
established a Parking Infrastructure Trust Fund; and,
WHEREAS, the City Commission at February 6, 1996 meeting adopted Resolution 32-
96 -9785 which established a Parking Fee Policy including an amount to be paid per parking space
required and not provided; and
WHEREAS, pursuant to Section 20-7.6 of the City of South Miami Land Development
Code ("LDC") and Section 2-2.6.10 of the City of South Miami Code of Ordinances the Parking
Board shall report to the City no less than annually and recommend changes to the parking
systems and fees to be paid to the Parking Infrastructure Trust Fund ; and,
WHEREAS the Parking Board determined at its meeting on July 13, 2007 that based
upon the rising property and construction costs that the parking fee should be increased ; and,
WHEREAS, the City Commission desires to adopt the recommendation of the Parking
Board and increase the parking fee to account for the increased land and construction costs for
parking; and,
WHEREAS, the City Commission desires to adopt the policies recommended by the
Parking Board.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby adopts the parking fee adjustment
recommended by the Parking Board of a one time payment of $ 30,000 per parking space;
Section 2. The City Commission hereby adopts the Parking Board's recommended
policy that the entire parking fee must be paid in full prior to the issuance of the first building
permit for new construction; and
Section 3. The City Commission hereby further adopts the Parking Board's
recommended policy that for any change of use for an existing building or property that will
require additional required parking spaces under the LDC that the parking fee must be paid in full
where the owner elects to meet the parking requirements by paying into the Parking Infrastructure
Trust Fund prior to the issuance of certificate of use and occupancy.
Pg. 2 of Res. No. 127-07-12512
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 6�1ay of
ATTEST:
Y)-CLERK
July 2007.
APPROVED:
MAYOR
Commissi6 Vote:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
PAConun Items\2007\7-24-07\Reso on Fee to Fund Parking Fee Policy.doe
Commissioner Beckman: Yea
RESOLUTION NO. 32-96-9785
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING INFRASTRUCTURE
TRUST FUND AND ESTABLISHING A PARKING FEE POLICY; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 19, 1993, the City Commission of the City of
South Miami adopted Ordinance No. 19-93-1545, titled as the "Hometown
District Overlay Ordinance (HD)," which established a Parking
Infrastructure Trust Fund; and,
WHEREAS, certain fees are required to be paid to the Parking
Infrastructure Trust Fund under the provisions of the HD; and,
WHEREAS, on December 19, 1995, the City Commission of the City of
South Miami adopted Resolution No. 204-95-9753, which designated the
City Manager as the interim representative of the Parking Committee with
all the duties and responsibilities of the Parking Committee, until such
time as the Parking Committee was established and appointed by the City
Commission; and,
WHEREAS, the City Manager developed a parking fee policy for the
implementation of the provisions set forth in the HD; and,
WHEREAS, the City Commission desires to adopt this parking fee
policy developed by the City manager.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1._ The parking fee policy developed by City Manager,
attached hereto and entitled "Exhibit All, is adopted. ,
Section 2. This resolution shall take eff t immediately upon
approval.
PASSED AND ADOPTED this 6 th day of _FebruaAr_, YJ96.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
�- ; ...... .. .
CITY ATTORNEY
MAYOR
MANOR CARVER
I
V!-C' MWAYOR YOUNG
C0M!10211.V0i1,'E-R B."Iss
CXPER
CUMMISSFOINER CUNNiNGFIRA
YEA NAY
YEA NAY
YEA
Cam Res
YEA NAY
YEA MAY
1.
PARKING FEE POLICY
including revisions adopted by the City Commission
on 02106196
Primary Assumption
Existing buildings and current uses already located in the Hometown District are assumed to
provide the required number of parking spaces, regardless of the number of actual spaces.
Parking Fee
The parking fee is $10,000 per space required and not provided.
Annual Premium
The annual premium in lieu of full payment is $1,000 per space required and not provided.
New Construction under Section 20 -7.6 (C)(2)
For each parking space required but not provided, the parking fee shall be satisfied by a one-time
payment in full prior to the issuance of the first building permit. New construction includes
additions and alterations which increase gross floor area or F.A.R. of existing buildings or uses.
New Construction under Section 200.6 (C)(2) - minimum for provided spaces
Substitution of an impact fee shall not result in the construction of a new development or the
expansion, alteration, rehabilitation or change of use to an existing development, including the
use of both buildings and land, where no parking spaces are provided for residential uses.
Residential uses, not including hotel or motel uses, must provide a minimum of I parking space
per dwelling unit, excluding "contributive buildings". Parking may be satisfied by metered
spaces under the provisions of Section 20-7.6 (B)(1) and/or by spaces provided on-site.
Change of Use under Section 20-7.6 (C)(4) - full payment of parking fee option
Owners of buildings or land where proposed changes of use will generate a greater demand for
required parking may provide the additional required parking spaces by the one-time payment in
-full of the parking fee for space's required but not provided at the time of the issuance of the
Certificate of Use and Occupancy in lieu of providing actual parking spaces.
Change of Use under Section 20-7.6 (C)(4) - annual payment of parking fee option
Tenants of buildings or land who propose changes of use which will generate a greater demand
for required parking may provide the additional required parking spaces by payment of a yearly
premium instead of full payment of the parking fee for spaces required but not provided. Initial
payments shall be made at the time of the issuance of the Certificate of Use and Occupancy and
must include the written consent of the property owners. Annual premiums shall be paid at the
time of the renewal of occupational licenses for the use. For tenants, businesses, buildings or
lands which are exempt from payment of occupational licenses, the annual premium shall be
administered in the manner prescribed for occupational licenses.
Change of Use under Section 20-7.6 (C)(4) - calculation for single occupant change of use
The number of newly required parking spaces shall be the difference obtained from subtracting
(a) the number of required parking spaces under current requirements for the gross floor area of
the existing uses to be replaced from (b) the number of required parking spaces under current
requirements for the gross floor area of the new use. These calculations apply to single occupant
changes of use only; and, these calculations may not be used in conjunction with Section 20-4.4, 0,
specifically off-site parking, joint use spaces, MetroRail usage considerations, and valet parking.
Fee Collection- single occupant change of use
The first annual premium shall be paid prior to issuance of the Certificate of Use & Occupancy
[CU]; and, the second and all subsequent premiums shall be paid at the time of occupational
license renewal. The fist annual premium may be pro-rated based on the following formula,
where X represents the numerical designation of the month in the Fiscal Year that the CU was
originally issued (e.g., Oct.= 1, Nov. =2, Dec. =3): l` Premium =$l,000_[$83oX].
Fee Collection -.late payments
Monthly interest shall accrue on unpaid funds due to the City in the form of parking fees and/or
annual premiums at the maximum rate permitted by law, or at 1.5% per month [18% annually].
Additionally, a fee of 2% of the total due shall be imposed monthly to cover the City's costs in
administering collection procedures. The parking fee and annual premium shall not be subject to
the 25% late fee established for occupational licenses; and, parking fees and annual premiums
shall not be subject to the $250 fine related to delinquency in excess of 150 days established for
occupational licenses.
Fee Collection - failure to pay
Failure to pay the annual premium within thirty days of the date on which it is be due constitutes
grounds for revocation of occupational licenses issued in conjunction with annual premiums. in
addition, failure to pay shall be regarded as withdrawal from the parking fee program. Owners
and/or tenants shall be required to provide all parking spaces required by current regulations or
cease the use for which the spaces were required. Failure to comply shall subject the participants
to enforcement procedures by the City and may result in fines of up to $250 per day and liens as.
provided by law and revocation of the Certificate of Occupancy, the Certificate of Completion,
and/or the Certificate of Use and Occupancy whichever is appropriate.
Fee Collection - one-time redemption payment
Tenants of buildings or land who propose changes of use which will generate a greater demand
for required parking may at any time pay the full one-time payment for parking required but nor
provided as determined by the calculation for single occupant change of use. One-time payment
shall be at current rates and may not include any discount for premium payments already made.
Revocation - due to misrepresentation or misconduct
The City Manager may revoke approval of annual premium payments and occupational licenses
issued in conjunction thereto, upon a determination that any misrepresentation has been made or
any misconduct is occurring as a result of payment of annual premiums.
Joint Ventures - use of funds collected
The required number of parking spaces under the parking fee program may be provided in a
facility developed through a joint venture agreement with the City and a private or public entity.
Parking spaces for specific uses shall not be reserved in the parking facility but provided to
-served basis, and may include metered parking and valet parking.
public on a first-come, first I the