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13T! it: CITY OF PLEASANT LlVINC To: FROM: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager 13 DATE: September 16, 2014 REVISED SCHEDULE OF FEES & FINES An Ordinance relating to the fee schedule; amending ordinance 04-11-2077 to change the title to ((Schedule of Fees and Fines" and to increase some fees, adding new fees, and deleting some fees from the schedule. At the September 2, 2014, City Commission Meeting, Commissioners reviewed the proposed revisions to the City's "Schedule of Fees and Fines." The City administration has recommended revisions as below. The items being revised have been bolded and the font size increased for your benefit; in an effort for the revisions to be easily identifiable. Building Permit Fees Schedule Schedule D -Electrical Permit Fees The City is recommending a revision to Section D, "Electrical Permit Fees" to include a new fee for Photovoltaic Installations. The Change incorporates the permitting fee required for the individuals or businesses that are interested in installing solar panels. Other amounts were left the same and shown for the purpose of uniformity. Planning and Zoning Fee Schedule Outdoor Seating Beginning in FY 2009, all businesses with outdoor seating on public property were charged $25 per seat. This fee as was scheduled to increase by $10 per seat per year, at the start of each fiscal year, capping the charge amount at $65. As of FY 2013, all businesses with outdoor seating on public property were being assessed a rate of $65 per seat. Parks & Recreation Fees Schedule Multiple sections within the Parks and Recreation Fee Schedule have been revised in an effort to provide fees which are more in-line with local standards, and help offset the costs associated with the programs and facilities. In addition, many of the changes are being proposed with the intent to facilitate opportunities for City residents at rates and schedules more advantageous than for non residents. Pavilion Rentals The City's Parks and Recreation Department conducted an evaluation for pavilion rental fees. The average price charged by the City of Miami Gardens, City of Miami Beach, City of Doral, Town of Cutler Bay, City of Miami Springs, Village of Biscayne Park, Historic Virginia Key Beach Park and City of Homestead is $34.07 per hour. The median price charged by the aforementioned cities is $37.50 per hour. City City of Miami Gardens City of Miami Beach City of Doral Town of Cutler Bay City of Miami Springs Village of Biscayne Park Historic Virginia Key Beach Park City of Homestead Average Median Per Hour $lS.00/hr. $31.25/hr. $16.67/hr. $40.00/hr. $50.00/hr. $40.00/hr $41.67/hr. $35.00/hr. $34.07 $37.50 Rules $10S.00 for 6-hours $100.00 for 6-hours $120.00 for 3-hours $250.00 (all day) The City of South Miami is currently charging $120 per DAY, or $20 over a 6-hour rental time period. The City is proposing an HOURLY rate for residents of $35. Based on the evaluation of the above fees, the city believes that the proposed fee structure for pavilion rentals is not only competitive compared to other cities, but also reasonable for city residents and will help offset operating costs associated with maintaining the pavilions Athletic Field Rentals (Palmer Park) The City's Parks and Recreation Department conducted an evaluation for athletic field rental fees. The average price charged by the City of Miami Beach, City of Doral, Town of Cutler Bay, City of Miami Springs, Town of Miami Lakes and Miami-Dade Tropical Park is $47.78 per hour without field lights and $69.03 with field lights. The median price charged by the aforementioned cities is $35.00 per hour without field lights and $47.50 with lights. City/County Without Lights With Lights Difference w L Lights City of Miami Beach $87.50/hr. $150/hr. $62.50 City of Doral $40/hr. $50/hr. $10.00 Town of Cutler Bay $30/hr. $40/hr. $10.00 City of Miami Springs $30/hr. $40/hr. $10.00 Town of Miami Lakes $20/hr. $45/hr. $25.00 Miami-Dade Tropical Park $79.18/hr. $89.18/hr. $10.00 Average $47.78/hr. $69.03/hr. $21.25 Median $35.00/hr. $47.50/hr. $12.50 Based on the information above, the city is proposing to increase the fee charged for lights at Palmer Park from $36.00 to $40.00 per hour. This change represents a $10 difference from $30 without lights to $40.00 with lights for residents and $14 difference from $36 without lights to $50 with lights for non residents. The city believes that the proposed fee structure is not only competitive compared to other local cities, but also reasonable for city residents and will help offset operating costs associated with maintaining the ball fields and lights. Sports The City's Parks and Recreation Department conducted an evaluation for its tackle football and cheerleading program. The average price charged by the City of Doral, City of Miami Gardens and City of Homestead is $134.00 for tackle football and $118.00 for cheerleading. City City of Doral (Miami Xtreme League) City of Miami Gardens City of Homestead (FedEx Orange Bowl) Average Football $180.00 $100.00 $120.00 $134.00 Cheerleading $180.00 $100.00 $75.00 $118.00 The City of South Miami is currently charging $72.30 for tackle football and cheerleading. Said fees are well below the local average. The city is proposing a fee schedule starting at $80.00 for both tackle football and cheerleading. The city believes the increase of $7.70 is reasonable for city residents and will help offset operating cost associated with maintaining the football and cheerleading equipment. Marshall Williamson Park Meeting Room The City recently completed the construction of the Marshall Williamson Restroom and Meeting Room. The facility is a beautiful structure, surrounded with a beautiful new playground and tennis courts, which may be rented to the Community for special events or meetings. The newly recommended fees are located on page 33 on the schedule of fees and fines. Brewer Park Outdoor Basketball Half Court Rental Brewer Park is located in a quiet neighborhood and is considered semi active / passive in nature. After further consideration, it is recommended that no fee shall be charged to reseve the courts at Brewer Park. The basketball half court is meant to serve the local youth who live around it. Dante Fascell Park Outdoor Basketball Half Court Rental Dante Fascell Park is an active park. The basketball half court is rarely used and is located near the softball field; therefore, it is recommended that no fee be charged to reserve the court. This court should be used by local youth when softball play is not in progress. After School Programs & Camps The After School Program and Camps schedule of fees were inadvertently included in the proposed changes for fiscal year 2015. At this time, the city does not wish to make any changes to the current fees for fiscal year 2015. The city shall charge the exact same fees it did from fiscal year 2014 and before. Currently, the After School Program has a total of 88 participants. The program is made up of 83 participants which are youth residents of the City of South Miami or which have an zip code of 33143; five of the current participants which have guardians which reside in the City of South Miami, for a total of 88 participants which are paying the resident rate; and two children which are non-residents and are paying $40 a week. ATTACHMENTS: REVISED PROPOSED REVISIONS TO THE SCHEDULE OF FEES FOR 2015 1 ORDINANCE NO. _______ _ 2 An Ordinance relating to the fee schedule; amending ordinance 04-11-2077 to 3 change the title to ttSchedule of Fees and Fines" and to increase some fees, 4 adding new fees, and deleting some fees from the schedule. 5 WHEREAS, the Mayor and City Commission desires to adopt a new Fee Schedule allowing 6 funding which will cover the cost of services provided; and, 7 WHEREAS, the Mayor and City Commission desire to revise the adopted Fee Schedule 8 allowing funding which will cover the cost of services provided; and, 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF 10 THE CITY OF SOUTH MIAMI, FLORIDA: 11 Section 1. That Ordinance 04-11-2077 is hereby amended so as to change the title of the 12 City's Fee Schedule and to increase .some fees, adding new fees, and deleting some fees from 13 the schedule all as set forth on the attached. 14 15 Section 2. Any such fees may be waived or reduced by the Mayor and City Commission 16 by way of resolution. 17 18 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 19 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 20 shall not affect the validity of the remaining portions of this ordinance. 21 22 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 23 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it 24 is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the 25 appearance of being in conflict when the two ordinances can be harmonized or when only a 26 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the 27 ordinance in conflict can be harmonized by amending its terms, it is hereby amended to 28 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to 29 harmonize the two ordinances shall be repealed. 30 Section 5. Effective Date. This ordinance shall become effective upon enactment. 31 32 33 34 35 PASSED AND ENACTED this ____ day of _________ -', 2014. ATIEST: APPROVED: CITY CLERK MAYOR '36 37 1st Reading 38 2 nd Reading 39 40 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 41 LANGUAGE, LEGALITY AND Mayor Stoddard: 42 EXECUTION THEREOF Vice Mayor Harris: 43 Commissioner Welsh: 44 Commissioner Liebman: 45 Commissioner Edmond: 46 CITY ATTORNEY SCHEDULE OF-of FEES and FINES TABLE OF CONTENTS Parking Division Collections Central Services Planning & Zoning Public Works & Utilities Building Permits Building -Electrical Permits Building -Other Parks & Recreation -Sports Parks & Recreation -Rentals Parks & Recreation -After School House & Camps Parks & Recreation -Community Pool Page 1 of 38 PARKING DIVISION FEE SCHEDULE Description Hourly Meter Parking Rate Library, 2-hour limit, hourly Meter Rental Fee Daily Valet Parking Daily Parking Permits per Month (Plt!5 includes Sales Tax) Residential Parking Decal Annually (maximum of 2) Residential Paking Visitor Annually (Maximum of I) Page 2 of 38 I st. Hearing 2-O-I-J. 2014/15 $1.50 $1.00 $25.00 $~ $65 $20.00 $40.00 2nd Hearing 2-O-I-J. 2014/15 $1.50 $1.00 $25.00 $~ $65 $20.00 $40.00 COLLECTIONS FEE SCHEDULE Description Local Business Tax RESIDENTIAL USE (Apartments only) up to 5 Units 6 to 50 Units 51 to 100 Units 101 to 200 Units 20 I to More Units PUBLIC AND INSTITUTIONAL Up to 1,000 SQ FT 1,00 I to 3,000 SQ FT 3,00 I to 10,000 SQ FT 10,00 I SQ FT & Over BUSINESS AND PROFESSIONAL I Employee 2 to 9 Employees 10 to 24 Employees 25 or more up to 1,000 SQ FT 1,000 to 2,000 SQ FT 2,00 I to 5,000 SQ FT 5,00 I to 15,000 SQ FT 15,000 SQ FT & Over Page 3 of 38 1st Hearing 2nd Hearing 2-O+J. 20 I 411 5 2-O+J. 20 I 411 5 $91.16 $158.03 $243.11 $303.88 $364.65 $121.55 $181.81 $243.11 $291.72 $158.03 $243.11 $335.02 $425.43 $158.03 $243.11 $425.43 $607.00 $911.00 $91.16 $158.03 $243.11 $303.88 $364.65 $121.55 $181.81 $243.11 $291.72 $158.03 $243.11 $335.02 $425.43 $158.03 $243.11 $425.43 $607.00 $911.00 COLLECTIONS FEE SCHEDULE Description TRANSPORTATION, WAREHOUSING & COMMUNICATIONS Minimum Rate 10 to 25 Employees 26 or More Employees $ 7,500 to 20,000 SQ FT an Additional 20,00 I SQ FT and Over an Additional MANUFACTURING & INTENSIVE USES Minimum Rate 7,500 to 15,000 15,00 I to 25,000 SQ FT 25,00 I to SQ FT and Over Page 4 of 38 1st Hearing 2nd Hearing 1-O-I-l-2014/15 1-O-I-l-2014/15 $243.11 $273.48 $303.88 $30.70 $60.78 $273.48 $303.88 $334.27 $364.65 $243.11 $273.48 $303.88 $30.70 $60.78 $273.48 $303.88 $334.27 $364.65 COLLECTIONS FEE SCHEDULE Description LIEN SEARCHES 24 Hours (only single family residences) 48 Hours 72 Hours 5 Days BURGLAR ALARM FEE Alarm registration fee, residential, one time Alarm registration fee, commercial, annually Alarm non-registration fee per occurance First false alarm Second false alarm Third false alarm Fourth false alarm Fifth and each additional occurrence OTHER FEES Coin Operating Machine Garage Sale, 2-day permit Transaction) Cost per Check Issued, Companies only Page 5 of 38 1st Hearing 2nd Hearing 2-O+J-2014/1 5 2-O+J-2014/1 5 $250.00 $135.00 $105.00 $105.00 $50 $100 $75 no charge $50 $100 $150 $200 $36.47 $20.00 $3.00 $2.00 $250.00 $135.00 $105.00 $105.00 $50 $100 $75 no charge $50 $100 $150 $200 $36.47 $20.00 $3.00 $2.00 CENTRAL SERVICE FEE SCHEDULE 1st Hearing In(i t;t~a,ring Description ~ 2014/15 ~ 2014/15 FINGERPRINTING ReU W W Gigital NJA NJA BACKGROUND CHECK per application $15 $15 PHOTOS 2 passport photos PASSPORTS Per application $2& $2& E)(press mail charged for m(pedite passports $-l+.W $-l+.W SPECIAL EVENTS Admin. processing fee $100 $100 Non-Refundable Application Fee $60 $60 Deposit (refundable) $500 $500 Expedite fee (3 business days) $60 $60 Farmers Market permit fee per event $500 $500 PROFESSIONAL PHOTOS & FILMING MOVIES 30 day permit non refundable $+00 $+00 Still Photo Fee per dax (8:30 am to 5:30 pm) $1,500 iL.5.QQ Filming Fee per dax (8:30 am to 5:30 pm) $8,000 $8,000 NOTARY First Page $10 $10 Each additional page $2 $2 City Document $5 $5 Page 6 of 38 CENTRAL SERVICE FEE SCHEDULE Description LAMINATING per sheet PHOTOCOPIES Black & White, per page single-sided Black & White, per page double-sided Color, per page one-sided Color, per page double-sided Page 7 of 38 I st He~ring . 2n(iHearing ~ 2014/15 ~ 2014/15 $2 $0.15 $0.30 $0.50 $1 $2 $0.15 $0.30 $0.50 $1 PLANNING AND ZONING FEE SCHEDULE Description ERPB APPLICATIONS RS AND RT ZONING DISTRICTS New construction, per dwelling unit ALL OTHER ZONING DISTRICT New construction Renovation SIGNS First sign Each additional sign Revisions, fences, walls, etc. Each additional appearance before the Board Appeal ERPB decision REZONING Ten acres or less per lot Over ten acres per lot Each application Each extension request SPECIAL USE APPLICATIONS Each application Each extension request VARIANCES First variance request Each additional variance request Each extension request Page 8 of 38 I$tfl~~rin~ lndHeartllg 2-O+J-2014/1 5 2-O+J-2014/1 5 $750 $900 $450 $225 $50 $225 $150 $100 $6,000 $20,250 $3,000 $500 $3,000 $500 $3,000 $1,125 $500 $750 $900 $450 $225 $50 $225 $150 $100 $6,000 $20,250 $3,000 $500 $3,000 $500 $3,000 $1,125 $500 PLANNING AND ZONING FEE SCHEDULE Description PLANNED UNIT DEVELOPMENT (PUD) PU D Major change PUD Minor change PLAT APPLICATION Tentative plat Final plat Waiver of plat LDC AMENDMENT (Text Amendments) I.General standards, miscellaneous provisions II. Change permitted use schedule COMPREHENSIVE PLAN AMENDMENT Each application DEVELOPMENT OF REGIONAL IMPACT (DRI) Application fee, plus Residential, per square foot of gross floor area Non-residential, per sq. ft. of gross floor area Mixed-Use, per square foot of gross floor area DRI SUBSTANTIAL CHANGE Per square foot of gross floor area of change DRI EXEMPTION SENATE BILL 360 Per request, plus Residential, per square foot of gross floor area Non-residential, per sq. ft. of gross floor area Mixed-Use, per square foot of gross floor area Page 9 of 38 I ~t Hearing 2nd Hearing ~ 2014/15 ~ 2014/15 $5,250 $1,500 $5,000 $4,000 $4,500 $3,000 $6,000 $30,000 $25,000 $0.075 $0.10 $0.10 $0.075 $25,000 $0.075 $0.10 $0.10 $5,250 $1,500 $5,000 $4,000 $4,500 $3,000 $6,000 $30,000 $25,000 $0.075 $0.10 $0.10 $0.075 $25,000 $0.075 $0.10 $0.10 PLANNING AND ZONING FEE SCHEDULE Description TEMPORARY SIGNS & BANNERS Temporary signage, per sign (maximum 30-days) Banner over public street (maximum 14-days) Banner per pole (minimum $300) (per 30-days) MD COUNTY SIGN APPLICATION per sign NEWSRACK APPLICATION FEE per newsrack OUTDOOR SEATING Seating/Dining on Public Right-of-Way Each outdoor seat, annually (annually increase by $10 to max. of $65) Each stand-alone table top without seating used for consumption of beverages or food, annually Seating/Dining on Private Property Annual permit for all outdoor dining/seating OUTDOOR DISPLAY OF RETAIL MERCHANDISE Annual permit for outdoor display of retail merchandise PERMANENT GENERATOR Each application TEMPORARY STORAGE UNIT (PODS) Residential (max. size 8' x 16', per 14 day period) Non-residential (max. 8' x 32', per 30 day period) If associated with a building permit Page 10 of 38 IstHearing 2nd Hearing 2-O+J--201411 5 2-O+J--20 I 4/15 $75 $300 $30 $100 $50 $55 $520 $250 $250 $100 $50 $150 No fee $75 $300 $30 $100 $50 $520 $250 $250 $100 $50 $150 No fee PLANNING AND ZONING FEE SCHEDULE Description TREE REMOVAL PERMIT First tree to be removed Each additional tree to be removed ALCOHOLIC BEVERAGE LICENSE I Administrative Per Se 2 Administrative Per Se 3 Administrative Per Se I Consumption on Premises 2 Consumption on Premises 4 thru 8 Consumption on Premises 4 Consumption on Premises -SRX MICROFILM RESEARCH Per request per any portion of an hour. only if search exceeds J.() 15 minutes of administrative time. Page 11 of 38 I~t Hearing 2nd He~ring ~ 2014/15 ~ 2014/15 $75 35 $100 $200 $500 $250 $250 $750 $1,000 $75 35 $100 $200 $500 $250 $250 $750 $1,000 PLANNING AND ZONING FEE SCHEDULE Description VACATE STREET, ALLEY, EASEMENT or OTHER PUBLIC PER REQUEST COVENANTS, EASEMENTS OR DEVELOPMENT AGREEMENTS PER REQUEST MODIFICATION I RELEASE OF RESTRICTIVE COVENANTS, EASEMENTS OR DEVELOPMENT AGREEMENTS PER REQUEST REQUEST OR RELEASE OF UNITY OF TITLE EACH APPLICATION PHOTOCOPIES AND PUBLICATIONS Microfilm reader/printer copies, each Official zoning map in color Small official city map Future land use map in color Custom GIS map, each copy Land Development Code Comprehensive Plan Hometown Regulations Census data packet Black & White copy, single-sided Black & White copy, double-sided DVD of recorded meetings Printed and Binded Bound copy of the City budget book LETTERS Condominium conversion letter Flood zone letter Zoning and land use verification letter Page 12 of 38 I st Hearing 2ndHearing 2-O-I-J--20 I 411 5 2-O-I-J--20 I 411 5 $3,000 $3,000 $5,000 $5,000 $500 $500 $1,500 $1,500 W W $15 $15 $5 $5 $15 $15 $15 $15 $75 $75 $50 $50 $5 $5 $3 $3 $0.15 $0.15 $0.30 $0.30 llQ llQ $25 $25 $1,000 $1,000 $100 $100 $100 $100 PUBLIC WORKS & UTILITIES FEE SCHEDULE Description PERMIT FEES Minimum permit fee Permit extension fee, for 60 day period DRAWINGS Revisions to approved drawings, per sheet Shop drawing review INSPECTIONS Reinspection, per request After hour Inspection CHANGE OF CONTRACTOR Percentage of original permit fee Minimum Maximum WORK WITHOUT PROPER PERMITS ANDIOR INSPECTIONS After the fact permit fee: For any work performed without proper permits and/or inspections Minimum, per day SANITARY SEWER, WATERLINE, GAS LINE, AND OTHER UNDERGROUND UTILITIES o to 100 linear feet Each additional 100 linear feet or fraction WORK ON DRAINAGE SYSTEMS o to 100 linear feet Each additional 100 linear feet or fraction I$t Heat7iog ~ 2014115 $150 $150 $25 $100 $65 $300 30% $65 $250 Permit fees quadrupled $1,000 $125 $50 $85 $50 Page 13 of 38 lndHearing 2-OH-2014/15 $150 $150 $25 $100 $65 $300 30% $65 $250 Permit fees quadrupled $1,000 $125 $50 $85 $50 PUBLIC WORKS & UTILITIES FEE SCHEDULE Description POLES, DOWN GUY, ANCHOR, SPLICE PIT, MANHOLE OR FIRE HYDRANTS Installation or removal, each unit SIDEWALK, CURB AND GUTTER Per every 100 linear feet or fraction for additional -50 ft DRIVEWAY Per approach PAVING 0-30 square yards Additional 100 square yards or fraction STRIPING OF ROADWAY per 100 linear feet or fraction of roadway STREET NAME OR DIRECTIONAL SIGNS Per sign installation BRIDGES 0-1000 square feet Each additional 100 square feet or fraction PERMANENT TRAFFIC BARRICADE, GUARDRAIL AND GUIDEPOSTS Each 100 linear feet or fraction CULVERTS Each linear foot of pipe or fraction Page 14 of 38 1st Hearing 2-O-I-l-2014/15 $40 $65 N/A N/A $200 $40 $100 $15 $1,140 $230 $85 $10 IndHearing 2-O-I-l-2014/15 $40 $65 N/A N/A $200 $40 $100 $15 $1,140 $230 $85 $10 PUBLIC WORKS & UTILITIES FEE SCHEDULE Description TRAFFIC SIGNAL, per intersection or location New Upgrade or modification BUS SHELTERS Each EXCAVATIONS FOR UNDERGROUND CONSTRUCTION o to 250 sq. ft Each additional 250 sq. ft. or fraction LANDSCAPING, TREES Each Exisiting single family residential Multi-family owner occupied Commercial New Construction Page 15 of 38 I st H~arjrig ~ 2014/15 $1,710 $1,114 $115 $125 $50 $0 $0 $20 $20 2.,d H~ar:ing ~ 2014115 $1,710 $1,114 $115 $125 $50 $0 $0 $20 $20 PUBLIC WORKS & UTILITIES FEE SCHEDULE Description LANDSCAPING, HEDGES For each 100 L. F. Exisiting single family residential for each 100 L. F. Multi-family owner occupied for each 100 L. F. Commercial for each 100 L. F. New Construction for each 100 L. F. LANDSCAPING, GROUND COVER o to 250 sq. ft. Each additional 250 sq. ft. or fraction Exisiting single family residential for each L. F. Multi-family owner occupied for each L. F. Commercial 0 to 250 sq. ft. Commercial each additional 250 sq. ft. or fraction New Construction 0 to 250 sq. ft. New Construction each additional 250 sq. ft. or fraction TEMPORARY STAGING AREA, CRANE, TRAILER, TRUCK ON THE RIGHT OF WAY Flat fee per day for first 5 days Every five days or fraction thereof after Page 16 of 38 ~ 2014/15 $0 $0 $25 $25 $0 $0 $200 $50 $200 $50 $200 $300 ~,,~.Hearing ~ 2014/15 $0 $0 $25 $25 $0 $0 $200 $50 $200 $50 $200 $300 PUBLIC WORKS & UTILITIES FEE SCHEDULE Description TEMPORARY FULL ROAD AND SIDEWALK CLOSURE No single lane roadway closure permitted. Excludes city events and events funded by the city. Per linear. Ft.of road, rounded to the next higher whole number in ft., per day TEMPORARY SIDEWALK CLOSURE Permit requires French Barricades along curb or EOP. For special event 8hr. max., incl. set up time. Excludes city events Each 25 square feet or fraction Maximum permit fee MAINTENANCE OF TRAFFIC (MOT) Intrusion into and/or using one-way lane Roadways with two-way traffic Detour, per direction Sidewalk intrusion, each Landscaping contractor, special permit per year PUBLIC WORKS HOURLY RATE (SPECIAL EVENTS) Non-supervisor Supervisor Public Works Fees & Materials Barricades (up to 100) per day Barricades (10 I or more) each per day Missing Barricades Fee (each) CUSTOM GIS MAP AND/OR DATA Charged per hourly rate of non supervisor MDe Hourly Rate· $5 Admin Fee Page 17 of 38 1st 1-I~A1ring ~ 2014115 $0.25 $75 $10,000 $100 $200 $100 $100 $100 $40 $45 ill $85 li $50 ZlldHear'ing ~ 2014/15 $0.25 $75 $10,000 $100 $200 $100 $100 $100 $40 $45 ill $85 li $50 PUBLIC WORKS & UTILITIES FEE SCHEDULE Description TRASH COLLECTION Up to 112 truck load (12.5 cubic yards), once per week Over 1/2 truck load (12.5 cubic yards) or any part thereof Special collection Appliances, each Page 18 of 38 1st Hearing 2-0-1-3--2014/15 no charge $156 lodH~aring 2-0-1-3--20 I 411 5 no charge $156 BUILDING PERMIT FEES SCHEDULE SECTION A -BUILDING PERMIT FEES Description MINIMUM FEES FOR BUILDING PERMITS Residential Permit Commercial Permit NEW CONSTRUCTION -Whichever is the greater amount to the following: o to 25,000 sq. ft. per sq. ft Plus for 25,00 I and over per sq. ft. or Per each $100 of construction cost NEW CONSTRUCTION, RESIDENTIAL ADDITIONS -Whichever is the greater amount to the following: Per sq. ft. or Per each $100 of construction cost PARKS & RECREATION DEVELOPMENT FEE PER HOUSING UNIT Multifamily Per Unit Single. 0-3 bedrooms. per unit Single. 4+ bedrooms. per unit ALTERATIONS, IMPROVEMENTS AND REPAIRS TO BUILDINGS -Whichever is the greater amount to the following: Per sq. ft. or Per each $100 of construction cost Page 19 of 38 I.sfH~~r.i,g2nd.H~~ri,g ~ 2014/15 ~ 2014/15 $100 $150 $0.80 $0.70 $2.00 $0.50 $3.00 $0.75 $3.00 $100 $150 $0.80 $0.70 $2.00 $0.50 $3.00 $0.75 $3.00 BUILDING PERMIT FEES SCHEDULE SECTION A -BUILDING PERMIT FEES Description GENERAL REPAIRS AND OTHER WORK NOT SPECIFIED ABOVE -Whichever is the greater amount to the following: Per sq. ft. or Per each $100 of construction cost INSTALLATION, ALTERATION OR REPAIR OF EXTERIOR WINDOW, DOORS AND SHUTTER Each INSTALLATION, ALTERATION OR REPAIR OF CURTAIN WALLS OR STORE FRONTS Per sq. ft WOOD DECK, WALKWAY, SCREEN ENCLOSURE, POOL DECK, AWNING, CONCRETE SLAB Per sq. ft FENCES, WALLS, AlC SCREENS AND RAILINGS Per linear foot ROOFING Per sq. ft. SWIMMING POOLS Each Page 20 of 38 I.~t He~ri ... ~ ~ridH~~ring. ~ 2014/15 ~ 2014/15 $0.20 $0.20 $2.00 $2.00 $9 $9 $0.25 $0.25 $0.20 $0.20 $0.50 $0.50 $0.14 $0.14 $300 $300 BUILDING PERMIT FEES SCHEDULE SECTION A -BUILDING PERMIT FEES Description PARKING LOTS AND DRIVEWAYS Per sq. ft. PARKING LOT SEAL COATING AND STRIPING o to 1,000 per sq. ft. Each additional 1,000 sq. ft. or fraction DEMOLITION o to 1,000 sq. ft Each additional 1,000 sq. ft. or fraction PAINTING, SANDBLASTING OR STEAM CLEANING Commercial only, each SIGNS Each MOVE BUILDING OR STRUCTURE Per sq. ft TEMPORARY BUILDING Per sq. ft. TEMPORARY PLATFORMS Each ORNAMENTAL IRON Per sq. ft. Page 21 of 38 . '1st hlea,ri",,~ ·l:Adhl~a.rin~ 2:O-I-J. 2014/15 2:O-I-J. 2014/15 $0.15 $0.15 $10 $0.50 $15 $100 $75 $0.20 $0.30 $150 $0.10 $0.15 $0.15 $10 $0.50 $15 $100 $75 $0.20 $0.30 $150 $0.10 BUILDING PERMIT FEES SCHEDULE SECTION A -BUILDING PERMIT FEES PILE DRIVING First pile, each Additional pile, each Description ANY OTHER WORK NOT COVERED Per each $100 of construction cost AlC SCREENS, MASONARY FENCES, RETAINING WALL & RAILING Per linear foot LANDSCAPING, TREES Each Residential Commercial New Construction LANDSCAPING, HEDGES For each 100 L. F. Residential, each 100 L. F. Commercial, each 100 L. F. New Construction, each 100 L. F. LANDSCAPING, GROUND COVER o to 250 sq. ft. Each additional 250 sq. ft. or fraction Residential, 0 to 250 sq. ft. Residential, each additional 250 sq. ft. or fraction Commercial, 0 to 250 sq. ft. Commercial, each additional 250 sq. ft. or fraction New Construction, 0 to 250 sq. ft. New Construction, each additional 250 sq. ft. or fraction Page 22 of 38 Istl:'lea~iQg 2fldHearing ~ 2014/15 ~ 2014115 $65 $20 $3.00 $0.30 $0 $20 $20 $0 $25 $25 $0 $0 $200 $50 $200 $50 $65 $20 $3.00 $0.30 $0 $20 $20 $0 $25 $25 $0 $0 $200 $50 $200 $50 BUILDING PERMIT FEES SCHEDULE SECTION A -BUILDING PERMIT FEES Description FOOTING FOR POLES Each REINSPECTION FEE Each Page 23 of 38 1st H~~rillg ~n(:tHe~ring 2-O-I-J. 2014115 2-O-I-J. 2014/15 $7.50 $7.50 $50 $50 BUILDING PERMIT FEES SCHEDULE SECTION D -ELECTRICAL PERMIT FEES Description MINIMUM FEE FOR ELECTRICAL PERMIT Residential Permit. Commercial Permit ROUGH WIRING OUTLETS One to 10 outlets Each additional outlet SERVICES AND FEEDERS Each 100 amps or fraction Services and feeders, 101 to 200 amps Services and feeders, 20 I to 400 amps Services and feeders, 40 I to 600 amps Services and feeders, 60 I to 800 amps Services and feeders, for each 100 over 800 amps Temporary construction Service repair or meter change Temporary for testing Service temporary SWITCHBOARDS Each 100 amps or fraction PHOTOVOL TAlC & SOLAR THERMAL SYSTEMS Residential systems Aggregate service capacity of 599 amps or less (240v) Aggregate service capacity of 600 amps or more (240v) Commercial Systems Aggregate service capacity of 599 amps or less (240v) Aggregate service capacity of 600 amps or more (240v) Page 24 of 38 I st>Hearing 2ndHeC);ring ~ 2014115 $100 $150 $50 $2 $20 $25 $30 $35 $40 $15 $60 $75 $75 $65 $10 $50 BUILDING PERMIT FEES SCHEDULE SECTION D -ELECTRICAL PERMIT FEES DUCTBANK Each linear foot Description EQUIPMENT MACHINE OR SPECIAL PURPOSE OUTLETS OR PERMANENT CONNECTIONS Residential, each Commercial, each CENTRAL AIR CONDITIONING Each ton Chiller per ton CLEAR VIOLATIONS FOR NEW TENANTS Each MOTORS o to 5 HP, each 6 HP and over, per HP FIRE PUMP Each GENERATORS, TRANSFORMERS, HEATING EQUIP. STRIP HEATERS, RECTIFIERS & UPS SYSTEMS o to 10 KW I I KW and over, per KW SIGNS Each, up to three at same location Page 25 of 38 Istlie~ring2qdlieClring ~ 2014115 $5 $25 $30 $10 $10 $50 $30 $3.50 $60 $10 $2 $75 BUILDING PERMIT FEES SCHEDULE SECTION D -ELECTRICAL PERMIT FEES LIGHT FIXTURES Parking lot, per light Light poles, each Light fixtures 1-10 sockets Light fixtures 1-10 fluorescent Light fixtures, each over 10 Light fixtures parking lots, each Light fixtures, all other, each PLUG MOLD First 10 linear feet Description Each additional 5 I.f. after first 10 I.f. SATELLITE ANTENNAE Each BURGLAR ALARM Installation, wiring and devices per system Repair per system FIRE DETECTION SYSTEMS Each TELEVISION AND TELEPHONE SYSTEMS Master control Each device SWIMMING POOLS AND SPAS Residential, each Commercial, each RE-INSPECTION FEE Each Page 26 of 38 IstH~(lril1g .2nd Hearing 2-()-hl 201411 5 $20 $20 $15 $10 $2.50 $20 $2.50 $30 $5 $60 $60 $65 $150 $50 $2 $100 $85 $50 BUILDING PERMIT FEES SCHEDULE SECTION F -OTHER FEES Description MINIMUM FEE FOR ITEMS IN SECTION F Residential Permit Commercial Permit UP FRONT PRELIMINARY PLANS REVIEW FEE An initial fee of twenty five percent (25%) ot the anticipated total permit fee is due at the time any permit application is made and construction documents are submitted for review and approval. Non-refundable, credited towards permit fee. OTHER FEES Permit card replacement Forty (40) year certification fee Information provided on other building matters Fee for working on Sundays and Holidays RESEARCH BUILDING DEPARTMENT RECORDS per hour RE-INSPECTION FEE Each Base fee (percentage of original permit fee) Minimum Maximum THRESHOLD BUILDING INSPECTION Per hour, minimum 3 hours per single request Page 27 of 38 Istl-!l~~ ... jng 2,nd Ht!aring 2-O-I-J. 2014/15 2-O-I-J. 2014/15 $150 $15 $250 $100 $500 $50 30% $65 $500 $125 $150 $15 $250 $100 $500 $50 30% $65 $500 $125 BUILDING PERMIT FEES SCHEDULE SECTION F -OTHER FEES Description SPECIAL REQUEST FOR AFTER HOURS INSPECTIONS Per hour, minimum 3 hours per single request ADDITIONAL COSTS In addition to the basic application fees listed, applicants shall pay for all reasonable costs incurred by the City in processing said applications, These costs shall include but not limited to advertising, staff time and costs for qualified experts, such as architects, planners, attorneys and others deemed necessary for the review and evaluation of an application. These fees shall be in addition to any other fees required by the City. REVISIONS TO APPROVED DRAWINGS Per sheet PLAN REVIEW Review after second rejection Each additional review LOST PLANS FEE Base fee (percentage of original building permit fee) Maximum SHOP DRAWING REVIEW Each WORKING WITHOUT A PERMIT First time offense, $100 plus double of permit fees Minimum Second time offense, $200 plus double of permit fees Minimum Third time offense, $500 plus twice the double permit fee Minimum Page 28 of 38 1.~tHear~ng lndHearing 2()+J. 2014/15 2()+J. 2014/15 $125 $40 $50 $75 30% $500 $100 $165 $200 $1,000 $125 $40 $50 $75 30% $500 $100 $165 $200 $1,000 PARKS & RECREATION FEES SCHEDULE SPORTS Description BASKETBALL Resident !'Jon Resident FOOTBALL Resident I st Child Resident 2nd Child Resident 3rd Child and any thereafter Resident 4th Child Non-Resident I st Child Non-Resident 2nd Child Non-Resident 3rd Child and any thereafter Non Resident 4th Child Resident Non Resident SOCCER !'Jon Resident TRAVELING SOCCER Resident Non Resident TENNIS Resident !'Jon Resident Page 29 of 38 1st. He.a"i~g. 2nc;lHefring 2:O-t-J--2014/15 2:O-t-J--2014/15 ~ $72.30 ~ ~ $62.30 ~ ~ $52.30 $70 ~ ~ $8G $00 ~ $7Q $7Q-$90 $6G $(,() $80 PARKS & RECREATION FEES SCHEDULE SPORTS I st H~ariog2.nd Mea-ring CHEERLEADING Resident I st Child Resident 2nd Child Resident 3rd Child and any thereafter Resident 4th Child Non-Resident I st Child Non-Resident 2nd Child Non-Resident 3rd Child and any thereafter Non Resident 4th Child Resident Non Resident TRAVEl8ASKET8All Resident Non Resident TRACK Resident Non-Resident MARTIAL ARTS Resident Non Resident Page 30 of 38 ~ ~ ~ ~ $00 $7G $6Q $30 $60 NIA NIA $72.30 $62.30 $52.30 $00 $70- $6() ~ ~ $70 ~ ~ $90 $80 $30 $60 NIA NIA PARKS & RECREATION FEES SCHEDULE RENTALS Description GYMNASIUM RENTAL (2hr min) Resident, per hour Non Resident, per hour Not-for-Profit, per hour GYMNASIUM RENTAL 1/2 court Resident, per hour Non Resident, per hour Not-for-Profit, per hour MULTI PURPOSE ROOM (3 hr min) Resident, per hour Non Resident, per hour Not-for-Profit, per hour SOUTH MIAMI PARK Field Rentals Resident, per hour Non Resident, per hour Not-for-Profit, per hour MURRAY PARK Small Fields (Softball Area) Resident, per-day-hour Non Resident, per day--hour Not-for-Profit, per day hour MURRAY PARK (Big Field) Resident, per-day-hour Non Resident, per day-hour Not-for-Profit, per day hour Page 31 of 38 I st H~a,ring 2-O-I-J. 20 I 411 5 $100 $200 $+W $90 $50 $100 $7& $45 $60 $120 $7&~ $36 $50 $30 $+.M 36 $2J{) 50 $+00 30 $~60 $JW75 $+W50 ~tl(tHearipg 2-O-I-J. 20 I 411 5 $100 $200 $+W $90 $50 $100 $7& $45 $60 $120 $7&~ $36 $50 $30 $-I-W--$36 ~ .-is.Q $+00 $30 $-I-W--$60 ~ ..i.Z2 $+00 $50 PARKS & RECREATION FEES SCHEDULE RENTALS Description DANTE FASCELL Pavilion Resident, per-Elay-hour Non Resident, per day-hour Not-for-Profit, per day hour FUCHS PARK Pavilion Resident, per-day-hour Non Resident, per day-hour Not-for-Profit, per day hour PAVILION Resident, per-day-hour Non Resident, per day-hour Not-for-Profit, per day hour PALMER PARK without lights 8ase !Softball Field Resident, per hour Non Resident, per hour Not-for-Profit, per hour PALMER PARK with lights 8ase !Softball Field Resident, per hour Non Resident, per hour Not-for-Profit, per hour PALMER PARK Soeeel"-iFlag Football Field w-io light Resident, per hour Non Resident, per hour Not for Profit, per hour Page 32 of 38 Ist"'eClring 21)q HeClring. ~ 2014115 ~ 2014/15 $120 $230 $100 $120 $230 $100 $120 $230 $100 $30 $36 $25 $36 $50 $30 $30 $36 $25 $40 $50 ill PARKS & RECREATION FEES SCHEDULE RENTALS Description PALMER PARK Soccel"fFlag Football Field • ..... ith light Resident, per hour Non Resident, per hour Not for Profit, per hour SECURITY DEPOSIT for all rental Residential, per rental Non Residential, per rental Not-for-Profit, per rental BATTING CAGE Residential, per .. ental hour Non Residential, per .. ental hour Not-for-Profit, per .. ental hour MARSHALL WILLIAMSON PARK MEETING ROOM Resident, per hour Non Resident, per hour Not-for-Profit South Miami Based, per hour Not -for-Profit, per hour MARSHALL WILLIAMSON TENNIS COURT RENTAL Resident, per hour Non Resident, per hour Not-for-Profit, per hour Page 33 of 38 J stH~"'t:inglndHea~iJlg ~ 2014115 ~ 2014/15 $110 $200 $100 $25 ill $20 $110 $200 $100· PARKS & RECREATION FEES SCHEDULE RENTALS Description FUCHS PARK SAND VOLLEYBALL COURT RENTAL (2 hI' min) Resident, per hour Non Resident, per hour Not-for-Profit, per hour COMMUNITY CENTER EDUCATION ROOM RENTAL (2 hI' min) Resident, per hour Non Resident, per hour Not-for-Profit, per hour COMMUNITY CENTER COMPUTER LAB (2 hI' min) Resident, per hour Non Resident, per hour Not-for-Profit, per hour MURRAY PARK OUTDOOR BASKETBALL FULL COURT RENTAL WITH LIGHTS (Organized Groups Only) Resident, per hour Non Resident, per hour Not-for-Profit, per hour MURRA Y PARK OUTDOOR BASKETBALL FULL COURT RENTAL WITHOUT LIGHTS (Organized Groups Only) Resident, per hour Non Resident, per hour Not-for-Profit, per hour Page 34 of 38 I. s,t>H~~ring .21l.(t"'~aring ~ 2014/15 ~ 2014115 $25 $25 lli lli $20 $20 $30 $30 $40 $40 $20 $20 $45 $45 $60 $60 lli lli $30 $30 $40 $40 $25 $25 $25 $20 $35 .$1Q $20 lli PARKS & RECREATION FEES SCHEDULE RENTALS Description MURRAY PARK AQUATIC CENTER PARTY PACKAGE FACILITY RENTAL 0-35 people (3 hrs) 36-64 people (3 hrs) Additional hours. per hour BREWER PARK OUTDOOR BASKETBALL HALF COURT RENTAL Resident, per hour Non Resident, per hour Not for Profit, per hour BREWER PARK TENNIS COURT RENTAL Resident. per hour Non Resident. per hour Not-for-Profit. per hour DANTE FASCELL PARK OUTDOOR BASKETBALL HALF COURT RENTAL Resident, per hour Non Resident, per hour Not for Profit, per hour DANTE FASCELL PARK SAND VOLLEYBALL COURT RENTAL Resident. per hour Non Resident. per hour Not-for-Profit. per hour Page 35 of 38 l~~;·."".~~rill~; ·~~.~ •• ··f:I.~ilrit':g. 2-O-I-J. 2014/1 5 2-O-I-J. 2014/1 5 PARKS & RECREATION FEES SCHEDULE AFTER SCHOOL PROGRAM & CAMPS Description AFTER SCHOOL PROGRAM Monthly (Third child) Resident Non Resident AFTER SCHOOL PROGRAM Weekly (First child) Non Resident AFTER SCHOOL PROGRAM Weekly (Second child) Non Resident AFTER SCHOOL PROGRAM Weekly (More than two children, per Child) SPRING CAMP Resident, per week per child Non-Resident, per week per child Page 36 of 38 Istfl~a.r:il')g .2f,ldflearing ~ 2014/15 ~ 2014/15 $30 $75 $15 ~ $40 $40 $30 $30 $75 PARKS & RECREATION FEES SCHEDULE AFTER SCHOOL PROGRAM & CAMPS Description SUMMER CAMP (First child) Resident, per week per child Non Resident, per week per child SUMMER CAMP (Second child) Resident. pel" 'Neelc pel" child Non Resident. pel" ..... eel( pel" child SUMMER CAMP (Third child) Resident. pel" weelc pel" child Non Resident. pel" 'Neelc pel" child WINTER CAMP Resident, for 2 week period per child Non Resident, for 2 week period per child DAY CAMP Resident, per day per child Non Resident, per day per child HOLIDAY CAMP Resident. pel" day pel" child Non Resident. pel" day pel" child Page 37 of 38 I st Hear:illg lndHearillg 2-O+l--201411 5 2-O+l--201411 5 $30 $75 $60 $150 $10 $30 $30 $75 $60 $150 $10 $30 PARKS & RECREATION FEES SCHEDULE COMMUNITY POOL Description Daily Fees Y outh/T een (age 3-17) Resident Y outh/T een (age 3-17) Non-Resident Adult (age 18-59) Resident Adult (age 18-59) Non-Resident Senior (age 60+) Resident Senior (age 60+) Non-Resident Person wi Disabilities, Veterans & US Military Residents Person .. ·.d Disabilities, Veterans & US Military Non Residents Page 38 of 38 1st Hearing 1l1 dHc ar ing 2014/15 2014/15 $0 ORDINANCE NO.14-l4-2192 An Ordinance amending Section 7-3 of the Code of Ordinances, including the establishment of a parks and recreational impact fee category, and creating Section 7- 3.2 establishing regulations for the collection of such impact fees. WHEREAS, new development and redevelopment in the City can add to and help maintain the quality of life under a balanced growth management program; and WHEREAS, effective growth management is promoted when adequate public facilities are available to serve new development concurrent with the impacts ofthat development; and WHEREAS, the City Commission requested the preparation of an impact fee report, based upon the most recent and localized data in support of the impact fee Ordinance to be completed and submitted to the City; and WHEREAS, the report prepared by TischlerBise, Fiscal, Economic and Planning Consultants, dated April 1, 2014 recommended the implementation of a parks facilities impact fee for residential development; and WHEREAS, as set forth in the impact fee report, the collection of this impact fee will fund parks and recreation capital improvements required to serve growth, and the revenue generated from impact fees will benefit new development by maintaining current citywide levels of service;, thereby promoting the general welfare of all City residents and constitutes a public purpose; and WHEREAS, ad valorem tax revenue and other revenues will not be sufficient to provide the additional capital improvements for parks and recreation facilities, which are necessary to accommodate new development. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS: Section 1. The impact fee report prepared by Tischler Bise provides an adequate and lawful basis for the adoption and imposition of parks facilities impact fees in accordance with this Ordinance and is incorporated herein by reference. Section 2. follows: Section 7-3 of the City Code of ordinances is hereby amended to read as Sec. 7-3. Comprehensive Ffee Schedule. There is hereby established a comprehensive ree schedule setting forth fees for the The fees for the following items subjects shall be as set forth in the City's ordinance regulating these subjects, or as set forth in the City's comprehensive fees and fines ordinance (a copy ofthe latter shall be kept in the office of the City Clerk and which may Ord. No. 14-14-2192 be accessed on the City's web page which is currently at www.southmiamifl.gov), whichever is the most current: (1) Building permit fees. (2) Plumbing permit fees. (3) Mechanical permit fees. (4) Electrical permit fees. (5) Land use application fees. (6) Certificates of use, completion or occupancy fees. (7) Public works/utility fees. (8) Other fees. (9) Occupational license fees. (10) Tree removal permit fees. a.u Development impact fees. as set forth in the in the schedule entitled "Comprehensive Fee Schedule," attached to Ordinance No. 1454 and adopted by referenee hereof, [and any amendments thereto]. (am. No. 14134, § 4, 9 (190; am. A!~. 1501, § 1, 3392; OFd. No. 1512, § 1, 9 1592; 0Fd .• ".'0. 1575, §§ 1 3.22195; Or(;/. No. 1578, § 1,4495; Or(;/. Me. 1594. §§ 1 3, 11 795; Oro. No. 1692, § 1. 11299; Orti . .'v~. 173(). § 1, 11 7 OO} E4iteF's Rete Section 1 of Ordinanoe No. 28 00 1730. adopted November 7, 2000, amended Ordinance No. 14 90 1454 by adding a new permit fee refund schedule. At the city's request, such schedule has not been set out herein, but is on file in the office of the city olerk. Section 3. Chapter 7 of the City Code of Ordinances is amended to add Section 7-3.2 which shall read as follows: Sec. 7-3.2. Parks Impact Fees. A. Established. As a condition of the issuance of a building permit for new development, the person, firm or corporation who or which has applied for the building permit for residential construction shall pay to the City, the parks impact fees as set forth in the provisions of this Ordinance. ~ Definitions. For the purpose of this Ordinance, certain terms and words are defined. Additionally and where applicable, words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular: Building permit shall have the same meaning as provided in the Florida Building Code and shall include a permit issued by the building official for the construction, U:\My Documents\resolutions\Ordinance Impact Fee Ordinance CArev3 Comm Amendment.doc 2 Ord. No. 14-14-2192 enlargement, alteration, modification, repair, movement, demolition, or change in the occupancy of::t bnilding or structure. . Capital improvements shall mean physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale, high in cost, and have an estimated useful life in excess of one year. The cost of a capital improvement is generally nonrecurring and may require multiyear financing. Feepayer shall mean any person, firm, or corporation intending to commence new development and, during the life of the development, applies for the issuance of a building permit. Impact fee study shall mean the Parks and Recreation Facilities Impact Fee Study on the methodology used to establish Parks and Recreation Facilities Impact fees for the City of South Miami prepared by Tischler Bise, dated April 1. 2014. which establishes the basis for the fair share of capital facilities costs attributable to new development based upon standard and appropriate methodologies, and a copy of which is attached to and incorporated by reference into this Ordinance but which is excluded from the codified version of this ordinance. A copy shall be on file with the City Clerk. New residential development shall mean the carrying out of any residential building activity, or the making of any material change in the use or appearance of any building, Of-structure or land, which results in the dividing of existing space or the addition of any space that could be used as an additional bedroom or otherwise causes an additional impact or demand on parks facilities. h Imposition of fees. There is assessed, charged, imposed, and enacted parks impact fees on all new residential development occurring within the municipal boundaries of the City of South .[\y1iami. These fees will be assessed, charged, or imposed in accordance with the fee schedule provided below and as may be amended from time to time by the City's Fee Schedule ordinance based upon the most recent and localized data. The effective date of any increase in fees shall take effect at least 90 days following publication and enactment of the amended Fee Schedule. Parks and Recreation Development Fee Schedule per Housing Unit Persons Number Q[ Proposed Multifamily U:\My Documents\resolutions\Ordinance Impact Fee Ordinance CArev3 Comm Amendment.doc 3 Ord. No. 14-14-2192 (] 1 PPHU Recommended multipliers are scaled to make the average value by type of housing for FL PUMA 4014 match the average value for the City derived from 2011 American Community Survey data, with persons adjusted to the Citywide average of2.80 persons per single family unit. D. Payment. The impact fees shall be paid to the City by the Feepayer at the time of and as the condition precedent to the issuance of the building permit. E. Disposition of fees. All fees collected by virtue of this Ordinance and any interest earned on them, other than the allowable administrative cost for collection, shall be deposited into a special and separate trust account to be designated, "parks and recreation facilities impact fees account." Funds from this account may be expended for land acquisition for parks; for maintaining (not including routine maintenance), furnishing, equipping, repairing, remodeling, or enlarging of both existing and future facilities; for construction of new parks facilities; for any architectural, engineering, legal and other professional fees and expenses related to any such improvements; and for any administrative costs not incurred by the fee collection process. Funds from this account may also be expended for retirement of loans and/or bonds that may be, or have been, issued to finance the capital improvements herein contemplated. L Reporting, Collections, and Audits. The City of South Miami's Finance Director shall keep an accurate accounting and reporting of impact fee collections and expenditures within the City. The City shall retain up to 5% of the impact fees collected to offset the administrative costs of collecting the impact feesCwhich shall be limited to the actual collection costs incurred) and the cost of administering the provisions of this Ordinance. Audits of the City's financial statements which are performed by a certified public accountant pursuant to Section 218.39, F.S, as amended, that are submitted to the Auditor General must include an affidavit signed by the Finance Director stating that the City has complied with Section 163.31801, F.S.( "Florida Impact Fee Act.") as amended. G. Refunds, Credits, and Reimbursements. ill Upon application of the property owner, the City shall refund that portion of any impact fee which has been on deposit for over six (6) years and which is unexpended and uncommitted, except as described in subsection (3) of this section. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects. ill If, at the request of the City, a Feepayer constructs a parks and recreation facilities component or dedicates land for future facilities and if the constructed facility or the dedicated land would otherwise have been paid for by impact fees, the City shall reimburse the Feepayer for Parks and Recreation Facilities impact fees previously paid in accordance with the following conditions, unless the Feepayer and the City agree to other conditions: lli1 The reimbursement shall be limited to a payback period of five (5) years; ihl The City shall not reimburse interest on the outstanding balance; and. (£} The Feepayer shall be required to provide sufficient documentation acceptable to the City, of the actual costs incurred for the facility improvement. U:\My Documents\resolutions\Ordinance Impact Fee Ordinance CArev3 Comm Amendment.doc 4 Ord. No. 14-14-2192 ill If any impact fees charged to a Feepayer are unexpended or uncommitted during the sixth year following its collection, the fees are exempt from subsection (1) of this section if the City Commission makes the following findings: ill) A need for the capital improvement still exists; ® The fees will be used for an identified purpose within two (2) years of the finding of need; and 1£) The purpose for which the fees will be used is substantially similar to the purpose for which the fees were collected. Section 4. Codification. The provisions of this ordinance shall become a.l'ld be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section S. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 7. Effective Date. This ordinance shall become effective 90 days following its publication. PASSED AND ENACTED this;17thday of--><.J-""u"""ne>-<--__ , 2014. ~~ ~~~ 1 st Reading 6/ 03 / 1 4 2nd Reading 6/ 1 7 / 1 4 COMJvlISSION VOTE: JI 1 ";t-I Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Edmond: Nay Commissioner Liebman: Yea Commissioner Welsh: Yea U:\My Documents\resolutions\Ordinance Impact Fee Ordinance CArev3 Comm Amendment.doc 5 THE CITY OF PLEASANT LlVINC CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager Thru: Christopher Brimo AICP, Planning Director DATE: May 28,2014 Agenda Item No.:LO SUBJECT: An Ordinance of the City of South Miami, Florida, amending Section 7-3 of the Code of Ordinances and establishing a parks and recreational impact fee, and creating Section 7-3.2 establishing regulations for the collection of such impact fees. BACKGROUND: In April 2013, the City Commission approved a contract with Tischler Bise Incorporated, pursuant to a request for proposal [RFP #PZ 2013-03-01], to conduct an Impact Fee Study and Transportation Concurrency Review; Resolution No. 77-13-13895. The study would look at three areas for possible fee assessment; transportation, parks & recreation, and public safety. The City Administration requested the study of impact fee feasibility as a possible method of shifting the cost of infrastructure from new development from the existing residents, who pay for it now, to the developer. In essence it makes new development pay its own way. Therefore, adoption of impact fees reduces the financial pressure on local residents to raise taxes and fees. With new development paying for its fair share of capacity-enhancing infrastructure needs, any current funds that have been designated to pay for those projects can potentially be shifted to the more immediate needs of existing residents, such as for facility maintenance and rehabilitation. The City currently does not collect impact fees, and the purpose of the study was review the City's current services and facilities and determine whether impact fees could be assessed for new development. The process included an appropriate impact fee determination methodology and fee assessment schedules necessary for the City to establish and defend any proposed fees. Any methodology for establishing impact fees would need to meet the "rational nexus" test. as well as be in compliance with Florida Statute 163.31801 the Florida Impact Fee Act, to guarantee fairness in assessing these fees. Adoption of impact fees reduces pressure on local residents to raise taxes and fees. And with new development paying for its own capacity-enhancing infrastructure needs, any current funds that have been designated to pay for those projects can be shifted to the more Parks & Recreation Impact Fee Ordinance May 28. 2014 Page 2 of2 immediate needs of existing residents, such as for facility maintenance and rehabilitation. As a result of the study the consultants concluded that it would only be feasible at this time for the City to assess an impact fee for parks and recreational facilities. It was determined that the imposition of a transportation impact fee would not be a feasible option for the City, partly because there are limited opportunities for wholesale roadway corridor projects that would improve traffic fJows, but also the capital costs of improving roadway levels of service for . existing vehicular traffic. It was suggested that other options be pursued that place less emphasis on yehide ut!lization, such as the creation of a multlmodal transportation district (MMTD). By establishing a MMTD and having a long-term plan for the development of multimodal infrastructure, the City may be able to collect mobility fees to pay for that infrastructure. The City is currently undertaking the South Miami Intermodal Transportation Study (SMITP). The results of this study will be used in part, to address the feasibility of assessing a mobility fee. RECOMMENDATION: Staff recommends that the Commission approve the adoption of the parks and recreation impact fee schedule pursuant to the recommendations of the Tischler Bise impact fee study. The impact fee study is incorporated in the proposed Ordinance by reference. AlTACHMENTS: Proposed Ordinance Parks & Recreation Facilities Impact Fee Study; Dated April 1, 2014 Advisory Legal Opinion ~ Municipalities, use ofimpact fees Number: AGO 2010-46 . Date: November 5, 2010 Florida Attorney General Advisory Legal Opinion Subject: Municipalities, use of impact fees Ms. Jerri Blair City Attorney' City of Wildwood Post Office Box 130 Tavares, Florida 32778-0130 Page 1 of7 RE: MUNICIPALITIES -FEES IMPACT FEES -SOLID WASTE COLLECTION UTILITIES -use of impact fees for other purposes. s. 163.31801, Fla. Stat. Dear Ms. Blair: 'On behalf of the City Commission of the City of Wildwood, you have been asked to request my opinion on substantially the following questions: 1. Whether impact fees collected by the City of Wildwood for purposes of expanding a particular utility service such as ' refuse/garbage collection may be used for another utility service which generally benefits the subject property which paid the :i.mpact fees? 2. Whether the City of Wildwood must return :i.mpact fees which have been collected for a service which will be privatized to the owner of the property for which the fees were collected or to the person from whom the impact fees were paid? In sum: 1. Impact fees collected by the City of Wildwood for the purpose of refuse collection must be used for that purpose and for other solid waste-related purposes. Other utility services unrelated to solid waste collection may not be funded with surplus impact fees collected for refuse/garbage collection. 2. In the absence of any direction from the Legislature as to the return of validly collected :i.mpact fees for refuse collection, this office would suggest that the city utilize these fees for solid http://www.myfloridalegaJ.com/ago.nsf/printview/A8EOF8C5AAA4D7 AD852577D20072... 5/28/2014 Advisory Legal Opinion ~ Municipalities, use of impact fees Page2 of? waste-related purposes as considered in St. Lucie County v. City of Fort Pierce. f According to information you have supplied to this office, the City of Wildwood has, for several years, levied and collected an impact fee for refuse collection as well as other utilities and services. The ~pact fees collected by the city for refuse collection were imposed and collected pursuant to section 163.31801, Florida Statutes. The city has now determined that lower rates can be maintained through contracting and privatizing the refuse collection portion of its utility service and has entered into a contract for this service with a private company. However, the city currently holds $165,981.00 that was collected as refuse impact fees. Since the city is privatizing refuse services, you state that these fees will not be used for the expansion of refuse collection services. Therefore, you have asked whether these surplus fees may be used for any other utility service or must be returned. Question One Section 163.31801, Florida Statutes, is the "Florida Impact Fee Act."[1] The intent of the Legislature in adopting this statute is provided in subsection (2) thereof: "The Legislature finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth .. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction. Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section." Subsection (3) of the act requires that any impact fee adopted by municipal ordinance must, at a minimum: "(a) Require that the calCUlation of the impact fee be based on the most recent and localized data. (b) Provide for accounting and reporting of impact fee collections and expenditures. If a local governmental entity imposes an impact fee to address its infrastructure needs, the entity shall account for the revenues and expenditures of such impact fee in a separate accounting fund .. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Require that notice be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased ~pact fee. A county or municipality is not required to http://www.myfloridaiegal.com/ago.nsf/printview/ A8EOF8C5AAA4D7 AD852577D20072... 5128/2014 Advisory Legal Opinion -Municipalities, use of impact fees Page 3 of7 ' wait 90 days to decrease, suspend, or eliminate an impact fee." Nothing in section 163.31801, Florida statutes, addresses the redirection of ~pact fees collected under that statute to other purposes. With regard to the imposition of a viable impact fee, assessment and collection of such a fee must be based upon the pro rata share of the reasonably anticipated costs of capital expansion required to provide a service to a'user.[2] The nature of such fees was expressed by the Supreme Court of Florida in contractors and Bui~ders Association of Pine~~as County v. City of Dunedin, [3] as follows: "The avowed purpose of the ordinance in the present case is to raise money in order to expand the water and sewerage systems, so as to meet the increased demand which additional connections to the system create. The municipality seeks to shift to the user expenses incurred on his account. ."[4] This office has also concluded that impact fees are in the nature of user charges. [5] In Attorney General Opinion 76-137, this office commented upon the imposition of an impact fee for the construction of municipal water and sewer facilities, stating, "there is little doubt that ,the fee imposed (by city ordinance) is not a tax or a special assessment but is a valid imposition of an 'impact fee' or user charge for the privilege of connecting to the city's water and sewer system • " In City of Dunedin, the Court delineated the test to be applied in determining the validity of a locally imposed "~pact fee." Such an impact' fee must satisfy the following test: (1) new development must require that the present system of public facilities be expanded; (2) the fees ~posed on users must be no more than What the local governmental unit would incur in accommodating the new users of the system; and (3) the fees must be expressly earmarked and spent for the purposes for which they were charged. Thus, a viable impact fee, levied and collected for an express purpose, must be spent for that purpose. In a case involving impact fees for refuse disposal services, St. Lucie County v. City of Fort Pierce, [6] the county brought an action against the city on the parties' waste disposal contract. For a number of years, pursuant to an interlocal agreement, the county had granted the city the right to dispose of its garbage and trash at one of the county's landfills. The city paid tipping fees to the county for the use of the landfill. The fees increased over the course of the agreement and, after a final rate increase, the parties became involved in a dispute concerning the city's use of the landfill. After the fee increase, the city began withholding a http://www.myfloridaJegaJ.com/ago.nsf/printview/ A8EOF8C5AAA4D7 AD852577D20072... 5128/2014 Advisory LegalOpiil'ion .. Municipalities, use of impact fees portion of its payment to the county complaining that the county was using part of the fees it was collecting to closa one of the county's other landfills. The city argued that it never used the landfill being·closed and was not responsible for this portion of the assessed fee. The city then began delivering its waste to another landfill outside the county. st. Lucie Coun·ty sued for declaratory and injunctive relief concerning the city's right to dispose of its waste outside of the county. The City of Fort Pierce countercla~ed for damages for unjust enrichment. The city based its cla~ on the theory that it should not be required to pay for the closure of a refuse disposal site never used by the city. The trial court ruled in favor of the city on its unjust enrichment claim and awarded damages to the city. The damage award under the unjust enrichment theory was the subject of the appeal to the Fourth District Court of Appeal. The county raised two points in support of its appeal: 1) that the waste disposal fee was a valid fee and that its partial use for other county solid waste purposes had no effect on the validity of the fee, and 2) that the use of these fees' for closure of the landfill was not unjust enrichment. As the court noted, "[s]imply stated it's the county's position that if these fees are valid user fees and they are being used for .related waste disposal purposes then there can be no' unjus.t enrichment." The Fourth District. Court of Appeal agreed with the county and reversed the lower court deci·sion. As the court stated II [w]e find that the fees are valid user fees and that the fees are being expended for a solid waste-related purpose. "[?] The court's analysis relied on City of New Smyrna Beach v. Board of Trustees of Interna~ ~rovement Trust FUnd.rS] In that case, the court dealt with a challenge to the expenditures made by the City of New Smyrna after the collection of a beach use fee. The board's position was that collection of the beach fee only authorized expenditures for "beach maintenance." The court rejected this argument and stated that: "If the term 'beach maintenance' were to be construed as l~ted solely to physical upkeep of the beach, then the municipalities would have to shoulder the economic burden of the increased costs for law enforcement, life guards, emergency service and liability insurance."[9] The court upheld the city's expenditures, and held that the fees could be used for traffic management, parking, law enforcement, liability insurance, sanitation, lifeguards and other staff purposes, "so' long as such expenses were beach related. "[10] Relying on the holding in Cit:y of New Smyrna Beach, the court in St. Lucie County agreed with the county that "the use of the fees to c10se down the Airport Landfi~~ was a solid waste related purpose and therefore a valid expenditure from the fees collected."[ll] Similarly, the City of Wildwood has imposed an impact fee for refuse collection. The City imposed this impact fee pursuant to section http://www.myfloridalegal.com/ago.nsf7printview/ A8EOF8C5AAA4D7 AD852577D20072... 5/28/2014 Advisory Legal Opinion -Municipalities, use of impact fees Page 50f7 ..... . 163.31801, Florida Statutes. As a valid impact fee, the fees ~posed must be no more than what the city would incur in accommodating the new users of the system and these fees must be expressly earmarked and spent for the purposes for which they were charged and collected. As Florida courts and this office have recognized, an impact fee, levied and collected for an express purpose, must be spent for that purpose. Thus, the City of Wildwood refuse collection impact fee may be spent only for that purpose and related purposes and may not be directed to another unrelated utility service. You have cited section 180.07, Florida Statutes, which relates to public utilities and provides for the combination of plants or systems and the pledge of revenues raised pursuant to this chapter for the construction and operation' of these plants and systems. You note that' subsection (2) of this statute provides: "Whenever any municipality shall decide to avail itself of 'the provis:j.ons of 'this chap'ter for the extens,ion or improvement of any existing utility plant or system, any then-existing plant or system may be included as a part of a whole plant or system and any two or more utilities may'be included in one project hereunder. The revenues of all or any part of any existing plants or systems or any plants or systems cons'truc'ted hereunder may be pledged to secure moneys advanced for the construction or Lmprovement of any utility plant or system or any part thereof or any combination thereof." (e . s . ) According to your letter, the City of Wildwood relied on section 163.31B01,Florida Statutes, to impose and collect an impact fee for refuse collection. Further, the city is not considering the extension or improvement of an existing utility plant, but is contracting with a private solid waste provider for services. The clear language of section 1BO.07(2), Florida Statutes, states that it applies to projects undertaken pursuant to the provisions of Chapter 180. Thus, it does not appear that section IBO.07(2), Florida Statutes, provides authority for the City of Wildwood to use impact fees which were levied and collected for that purpose to support other utility services. Question Two Your second question relates to the disposition of impact fees which have been levied and collected, but are no longer needed for capital expansion to provide refuse collection services. No statutory or other authority of which I am aware or to which you have brought my attention would authorize the City of Wildwood to return or refund validly imposed and collect impact fees. [12] In the absence of any direction in the law for such an action, this office cannot suggest what may appear to be an equitable resolution to your http://www,myfloridalegaLcom/ago.nsf/printview/A8EOF8C5AAA4D7AD852577D200n... 5/28120J 4 Advisory Legal Opinion -Municipalities, use of impact fees Page 6 of7 question.[13] In the absence of any such ~eqis~ative authority for a refund, this office would suggest that the city utilize these fees for solid waste-related purposes as considered in st. Lucie County v. Ci~ of Fort Pierce, [14] cited and discussed above, which would represent a va~id expenditure of the fees co~lected. S.incere~y, Bill McCollum Attorney General BtlJ./tgh [1] See s. 163.31801(1), F~a. Stat. [2] See Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976), appeal axter remand, 358 So. 2d 846 (F~a. 2d DCA 1978)i aerto denied, 444 U.S. 867 (1979)". See also Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners ox Palm Beach County, 446 So. 2d 140 (Fla. 4th DCA 1983), petition xor review denied, 451 So. 2d 848 (Fla. 1984), appeal dismissed, 105 S.Ct. 376 (1984) . [3] 329 So. 2d 314 (Fla. 1976). [4J 329 So. 2d at 31B. Cf. Loxahatchee River Environmental Control District v. School Board of Palm Beach County, 496 So. 2d 930 (Fla. 4th DCA 1986), approved, 515 So. 2d 217 (Fla. 1987), in which the court deter.mined that certain service availability standby charges were within the defin"ition of impact or service availability fees established by the state Department of Education. [5] See Cps. Att'y Gen. Fla. 76-137 (1976), 82-09 (1982), and 85-101 (1985); Inf. Cp. to Nieman, dated Oct. 4, 2010. [6) 676 So. 2d 35 (Fla. 4th DCA 1996) . [7] Id. at 37. [81 543 So. 2d 824 (Fla. 5th DCA 1989) . [9] Id. at 829. [10] Id. See also Jacksonville Port Authority v. Alamo Rent-A-Car, 600 So. 2d 1159 (F~a. 1st DCA 1992), review denied, 613 So. 2d 1 (Fla. 1992). http://www.myfloridalegal.com/ago.nsf/printview/A8EOF8C5AAA4D7 AD852577D200n... 5/28/2014 Advisory Legal Opinion -Municipalities, use of impact fees Page 10f7· [~1] Supra n.6 at 37. [12] Cf. State ex reI. Victor Chemical Works v. Gay, 74 So. 2d 560 (Fla. 1954), holding that unless there was some statutory authority providing for refunds, money could not be recovered once it had been paid into the state treasury and that refunds are a matter of legislative grac~; st. Joe Paper Co. v. Department of Revenue, 460 So. 2d 399 at 404 (Fla. 1st DCA 1984), n[a]t common law, there was no right to a refund from the sover~ign; as a result, in the absence of a statute authorizing a refund, a refund of taxes could not be allowed unless the taxpayer could demonstrate that the tax was paid involuntarily or compulsively[;]n Op. Att'y Gen. Fla. 75-293 (1975).: [13] C£. Cha£fee v. Miami Transfer Conpany, Inc.; 288 So. 2d 209 (Fla. 1974), and Ops. Att'yGen. Fla. 06-26 (2006) and 81-10(1981), for the proposition that the Attorney General is without authority to qualify or read into a statute an interpretation or to define words in a statute in a manner which would result in a construction that seems more equitable under circumstances presented by a particular factual situation; such construction when the language of a statute is clear would, in effect, be an act of legislation which is exclusively the prerogative of the Legislature. [14] 676 So. 2d 35 (Fla. 4th DCA 1996). http://www.myfloridaJegaJ.com/ago.nsf/printview/ A8EOF8C5AAA4D7 AD852577D20072... 512812014 Parks, and Recreation, Facilities , , " ' ,',,. '," 'J~n.Dact 'Fee stUdy ,CiW" of S9.utb M.aud~ ,PlritlU.'a TlSChlerBise IhloII.f(Of'IIOMic'.~(OMI~. TischlerBise 4701 5angamore Road Suite 5240 Bethesda, Maryland 20816 800.424.4318 www.tischlerbise.com lischlerBise . .' \ ."' ". -. "~~ " ... " ,."""" Impact Fee Study City of South Miam~ Florida TABLE OF CONTENTS IMPACT FEE STUDY City of South Miami, Florida . ' Impact Fee Study City of South Miomi, Florida Executive Summary ............................................................................................................................. 1 Introduction to Impact Fees .••.••••..•••.•.•.••••.••••••••••••..••••.•••••••••.••......... IIIIt •••••• e ... "'O ... " ..... " .... 4'='Oo"'.e"' ... " ................ ~.2 General legal Framework ......................................................................................................................... 2 Unique Requirements of the Florida Impact Fee Act ............................................................................... 3 Methodologies and Credits ....................................................................................................................... 4 Cost for Impact Fee Study ................... ~ ..................................................................................................... 6 Maximum Allowable Impact Fees By Type of land Use ......................................................... "" •• " •......... 6 Park$ and Recieatlon Facilities Irnpaet Fees ........................................................................................ 7 Methodology ................................................... : ......................................................................................... 7 Parks and Recreation Facilities Improvements and Costs ........................................................................ 8 Parks and Recreation Capital Improvements Needed to Serve Growth ................................................. 11 Cost for 1m pact Fee Study ....................................................................................................................... 13 Credit For Future Principal Payments ..................................................................................................... 14 Parks and Recreation Input Variables and Impact Fees .......................................................................... 15 Cash Flow Projections ............................................................................................................................. 16 Implementation and Administration ................................................................................................. 17 Credits and Reimbursements .................................................................................................................. 17 Collection and Expenditure Zones .......................................................................................................... 17 Appendix A -Land Use Assumptions ................................................................................................ 18 Introduction ............................................................................................................................................ 18 Residential Development ........................................................................................................................ 19 Appendix B -Florida Statute: 163.31801 .......................................................................................... 24 TItle XI 163.31801 -Impact fees; short title; intent; definitions; ordinances levying impact fees ......... 24 lischlerBise ....... ~. t·" :, ... !. '''''.~'''''1f I. ......... ,~ TischlerBise Fiscal, Economic & Planning Consultants EXECUTIVE SUMMARY 4701 SANCAMORE ROAD I SUITE S240 I BETHESDA I MD 20816 T, 800.424.4318 I F: 301.320.4860 300 UNO LACO DRIVE I SUITE 405 I NORTH PALM BEACH I FL 33408 1, 800.424.431 B I F. 301.320.4860 WWW.TISCHLERIlISE.COM The City of South Miami retained TischlerBise, Inc. to analyze current levels of service, and to calculate maximum allowable impact fees for Parks and Recreation facilities In the City. This report presents the methodologies and calculations used to generate current levels of service and the maximum allowable impact fees. It is intended to serve as supporting documentation for future updates to impact fees In the City. The purpose of this study is to demonstrate the City's compliance with Florida Statute 163.31801 Florida Impact Fee Act. Consistent with the state Statute, and the City's master planning documents it is the intent ofthe City to: 1. Collect impact fees to fund parks and recreation capital improvements required to serve growth, and 2. To use revenue generated from impact fees to benefit new development by maintaining current citywide levels of service. Impact fees are one-time payments used to construct system improvements needed to accommodate new development. An impact fee represents new growth's fair share of capital facility needs. By law, impact fees can only be used for capital improvements, not operating or maintenance costs. Impact fees are subject to legal standards, which require fulfillment of three key elements: need, benefit and proportionality. • First, to justify a fee for public facilities, it must be demonstrated that new development will create a need for capital improvements. • Second, new development must derive a benefit from the payment of the fees (i.e., in the form of public facilities constructed within a reasonable timeframe). • Third, the fee paid by a particular type of development should not exceed its proportional share of the ca pita I cost fo r system im provements. TischlerBise evaluated possible methodologies, and documented appropriate demand indicators by type of development to document levels of service and calculate fees. local demographic data and improvement costs were used to identify specific capital costs attributable to growth. This report includes summary tables indicating the specific factors, referred to as level of service standards, used to derive the impact fees. The geographic area for the Parks and Recreation Facilities impact fees is the City of South Miami; and the demand indicator is residential development . . Fiscal Impact Analysis· Impact Fees· Economic Impacts· Infrastructure Financing. Market and Financial Feasibility. Fiscal Software' Impact Fee Study City of South Miam~ Florida INTRODUCTtON>TO IMPACT FEES. '.::" .: ... ~' .. ::' .... '-:-". -..... ". '-.,. -:.:-. ; .. :~'-' Impact fees are one-time payments used to construct system improvements needed to accommodate new development. An impact fee represents neW growth's proportionate share of capital facilities. Impact fees have defined parameters for use. They are not a complete solution for infrastructure financing needs. Rather, they are one component of a comprehensive portfolio to ensure provision of adequate public facilities. Impact fees may only be used for capital improvements or debt service for growth-related infrastructure. In contrast to general taxes, impact fees may not be used for operations, maintenance, replacement or correcting existing deficiencies. GENERAL LEGAL FRAMEWORK Both state and federal courts have recognized the imposition of impact fees on development as a legitimate form of land use regulation, provided the fees meet stan~ards intended to protect against regulatory takings. Land use regulations, development exactions, and Impact fees are subject to the Fifth Amendment prohibition on taking of private property for public use without just compensation.· To comply with the Fifth Amendment, development regulations must be shown to substantially advance a legitimate governmental interest. In the case of impact fees, that Interest is In the protection of public health, safety, and welfare by ensuring that development is not detrimental to the quality of essential public services. The means to this end are also important, requiring both procedural and substantive due process. The process followed to receive community input, with stakeholder meetings, work seSSions, and public hearings provide opportunity for comments and refinements to the impact fees. There is little federal case law specifically dealing with impact fees, aJthough other rulings on other types of exactions (e.g., land dedication requirements) are relevant. In one of the most important exaction cases, the U. S. Supreme Court found that a government agency imposing exactions on development must demonstrate an "essential nexus" between the exaction and the interest being protected (see Nollan v. California Coastal Commission, 1987). In a more recent case (Dolan v. City of Tigard, OR, 1994), the Court ruled that an exaction also must be "roughly proportional" to the burden created by development. However, the Dolan decision appeared to set a higher standard of review for mandatory dedications of land than for monetary exactions such as impact fees, There are three reasonable relationship requirements for impact fees that related closely to "rational nexus" or "reasonable relationship" requirements enunciated by a number of state courts. Although the term "dual rational nexus" is often used to characterize the standard by which courts evaluate the validity of impact fees under the U.s. Constitution, we prefer a more rigorous formulation that recognizes three elements: "need," "benefit," and "proportionality." The dual rational nexus test explicitly addresses only the first two, although proportionality is reasonably implied, and was speCifically mentioned by the U.S. Supreme Court in the Dolan case. Individual elements of the nexus standard are discussed further in the following paragraphs. All new development in a community creates additional demands on some, or all, public facilities provided by local government. If the capacity of facilities is not increased to satisfy that additional demand, the quality or availability of public services for the entire community will deteriorate. Impact fees may be used to recover the cost of development-related facilities, but only to the extent that the need for facilities Is a consequence of development that is subject to the fees. The Nollan decision reinforced the principle that development exactions may be used only to mitigate conditions created by TlSChlerBise 2 ',.,: t'.",.:"' ..... :..~.,,,.'lt • ..... ,," ... ·.1. Impact Fee Study City of South Miami, Florida the developments upon which they are imposed. That principle clearly applies to impact fees. In this study, the impact of development on infrastructure needs is analyzed in terms of quantifiable relationships between various types of development and the demand for specific facilities, based on applicable level of service standards. The requirement that exactions be proportional to the impacts of development was clearly stated by the U.S. Supreme Court in the Dolan case (although the relevance of that decision to impact fees has been debated) and is logically necessary to establish a proper nexus. Proportionality is established through the procedures used to identify development-related capital costs, and In the methods used to calculate impact fees for various types of facilities and categories of development. The demand for facilities is measured in terms of relevant and measurable attributes of development (e.g. a typical housing unit's household size). FINANCIAL ACCOUNTING A sufficient benefit relationship requires that impact fee revenues be segregated from other funds, and that they be expended only on the facilities for which the fees were charged. Impact fees must be expended in a timely manner and the facilities funded by the fees must serve the development paying the fees. However, nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee revenues be availa'ble exclusively to development paying the fees. In other words, benefit may extend to a general area including mUltiple real estate developments. Procedures for the earmarking and expenditure of fee revenues are discussed further below. All of these procedural, as well as substantive. issues are intended to ensure that new development benefits from the impact fees they are required to pay. The authority and procedures to implement impact fees is separate from, and complementary to, the authority to require improvements as part of subdivision or zoning review. UNIQUE REQUIREMENTS OF THE FLORIDA IMPACT FEE ACT In Florida, impact fees are an outgrowth of home rule power and compared to other states, the enabling legislation is relatively brief. [See Appendix B -Florida Statute: 163.31801] The Act requires the calculation of impact fees to be based on most recent and localized data. Administrative charges for the collection of impact fees are limited to actual costs. The chief financial officer of the local government has specific responsibilities for accounting and reporting collections and expenditures of impact fees. In contrast to the legal precedent in other states, Florida law states, "In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets the requirements of state legal precedent or this section." As documented in this report, the City of South Miami has complied with the Florida Impact Fee Act and applicable legal precedents. Impact fees are proportionate and reasonably related to the capital improvement demands of new development. Specific costs have been identified using local data and current dollars. With input from City staff, TischlerBise determined demand indicators for each type of infrastructure and calculated proportionate share factors to allocate costs by type of development. This report documents the formulas and input variables used to calculate the impact fees for three types of parks and recreation capital components. Impact fee methodologies also identify the extent to which new development is entitled to various types of credits to avoid potential double payment of growth- related capital costs. lischlerBise 3 :.,.,' ,", , ' . .;"'.-. ,., ..... ' : ..... , .... : .• ': I'''~ METHODOLOGIES AND CREDITS CONCEPTUAL IMPACT FEE CALCULATION Impact Fee Study City of South Miami, Florida In contrast to project-level improvements, impact fees fund growth-related infrastructure that will benefit multiple development projects, or the. entire jurisdiction (usually referred to as system improvements). The first step is to determine an appropriate demand indicator for the particular type of infrastructure. The demand indicator measures the number of demand units (e.g., population) for each unit of development. For exanllple, an appropriate indicator of the demand for parks is population gro1lV1h and the increase in population can be estimated from the average number of persons per housing unit. The second step In the impact fee formula Is to determine infrastructure units per demand unit, typically called level of service (LOS) standards. In keeping with the park example, a common LOS standard is park acreage per thousand people. The third step in the impact fee formula is the cost of various infrastructure units. To complete the park example, this part of the formula would establish the cost per acre for land acquisition and/or park improvements. CALCULATION METHODOLOGIES Impact fees can be calculated by anyone of several legitimate methods. The choice of a particular method depends primarily on the service characteristics and planning requirements for each fadlity type. Each method has advantages and disadvantages in a particular situation, and to some extent can be interchangeable, because each allocates facility costs in proportion to the needs created by development. . Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1) determining the cost of development-related capital improvements, and (2) allocating those costs equitably to various types of development. In practice, though, the calculation of impact fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for facilities. The following paragraphs discuss three basic methods for calculating impact fees, and possible application of each method. Cost Recovery or Buy-In Fee Calculation. The rationale for the cost recovery approach is that new development is paying for its share of the useful life and remaining capacity of facilities already built or land already purchased from which new growth will benefit. This methodology is often used for systems that were oversized such as sewer and water facilities. Incremental Expansion Fee Calculation. The incremental expansion method documents the current level of service (LOS) for each type of public facility in both quantitative and qualitative measures, based on an existing service standard (such as square feet per student). This approach ensureS that there are no existing infrastructure deficiencies or surplus capacity in existing infrastructure. New development is only paying its proportionate share for growth-related infrastructure. The level of service standards are determined in a manner similar to the current replacement cost approach used by property insurance . companies. However, in contrast to insurance practices, the fee revenues would not be for renewal and/or replacement of existing facilities. Rather, revenue will be used to expand or provide additional facilities, as needed, to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments, with LOS standards based on current conditions in the community. TlSChlerBise 4 ", .. : I., .... ,,~ •. t. ,..,._ •• ..,.: ... ", •• " .. ,. Impact Fee Study City oj South Miami, Florida Plan-Based Fee Calculation. The plan-based method allocates costs for a specified set of improvements to a specified amount of development Facility pl~ns identify needed improvements, and land use plans identify development. In this method, the total cost of relevant facilities is divided by total demand to calculate a cost per unit of demand. Then, the cost per unit of demand Is multiplied by the amount of demand per unit of development (e.g., housing units or square feet of building area) in each category to arrive at a cost per specific unit of development (e.g., single family detached unit). CREDITS Regardless of the methodology, a consideration of Ucredits" Is integral to the development of a legally valid impact fee methodology. There are two types of "credits," each with specific and dIstinct characteristics, but both of which should be addressed in the calculation of impact fees. The first Is a credit due to possible double payment situations. This could occur when contributIons are made by the property owner toward the capital costs of the public facility covered by the Impact fee. This type of credit is integrated into the impact fee calculation. The second is a credIt toward the payment of a fee for dedication of public sites or improvements provided by the developer and for which the facility fee Is imposed. This type of credit Is addressed in the administration and Implementation of a facility fee program. FEE METHODOLOGIES Each of the fee methodologies discussed above were considered to calculate impact fees for the City of South Miami. Where capacity is sufficient to serve current demand the Incremental expansion method documents the current level of service (LOS) for each type of public facility. The cost recovery method, used on the rationale that new development Is paying for Its share of the useful life and remaining capacity of an existing facility, is used to calculate a new growth share of recreational facilities. The following table summarizes the method(s) used to derive the Impact fee for each component of the Parks and Recreation Facilities impact fees. Figure 1: Summary of Impact Fee Methodologies . REPORTING RESULTS Calculations throughout this technical memo are based on an analysis conducted using Excel software. Results are discussed in the memo using one-and two-digit places (in most cases), which represent rounded figures. However, the analysis itself uses figures carried to their ultimate decimal places; therefore the sums and products generated in the analysis may not equal the sum or product if the reader replicates the calculation with the factors shown in the report (due to the rounding of figures shown, not in the analysis). 5 Impact Fee Study City of South Miam~ Florida COST FOR IMPACT FEE STUDY Inc/uded in the Parks and Recreation facilities impact fee Is the cost for preparation of the Impact Fee Study. The City of South Miami Incurred a cost of $36,000 for the 2013 Impact Fee Study to establIsh maximum supportable impact fees for Parks and Recreation Facilities and Multi-Modal Transportation Facilities (to be discussed In a future document). To distribute the cost among each study component, half ($18,000) ofthe total project cost was assigned to the Parks and Recreation Facilities fee evaluation. The component shares and costs are shown in Figure 2. Figure 2: Impact Fee Study Preparation Cost . .. . .. Parks and Recreation $18,000 Multi-Modal Transportation $18,000 MAXIMUM ALLOWABLE IMPACT FEES BY TYPE OF LAND USE Figure 3 provlde~ ~ schedl..!!e of the ma}!!mum aUc,,-:ab!e Impact fees by "tiPe of 1aiid i.ise fot' the City of South Miami. The fees represent the highest amount allowable for each type of applicable land use, and represents new ~rowth's fair share of the cost for parks and recreatlc?n capital facilities. The City may adopt fees that are less than the amounts shown. However, a reduction in Impact fee revenue will necessitate an increase in other revenues, a decrease in planned capital expenditures, and/or a decrease in levels of service. The fees for residential development are to be assessed per housing unit and should be collected when building permits are Issued. As an option, the fees for single residential units are presented by size of the unit, based on number of bedrooms and persons per housing unit factors. See Appendix A for further explanation of these factors and fee options. Figure 3: Summary of Maximum Allowable Impact Fees by Land Use Number of [1/ PPHU Recommended multipliers are scaled to make the average value by type of housi ng for Fl PUMA 4014 match the average val ue for the Oty derived from 2011 American Community Survey data, with persons adjusted to the atywide average of 2.80 persons per single family unit. Taschler8ise : .• :~' ,to ... ;.· .... 1 • .,., .. ~··"·i". "". :~ .. " 6 PARKS AND RECREATION F ACILlTIES IMPACT FEES METHODOLOGY Impact Fee Study City of South Miami, Florida The Parks and Recreation Facilities impact fees include three components. Figure 4 illustrates the Parks and Recreation impact fee components and methodology. An incremental expansion cost methodology was used to calculate the developed parkland and park improvements components. A cost recovery method was used to calculate the recreation facilities component. All capital costs have been allocated 100 percent to residential development. Based on recent growth trends and discussions with City staff, TischlerBlse calculated a base year population estimate of 11/979, for use In the impact Fee Study. Please note: because population estimates used in the impact fee study are based on year-round population, estimates and projections presented herein represent more conservative figures than the University of Florida's Bureau of Economic and Business Research household population data. Figure 4: Parks and Recreation Facilities Impact Fee Methodology Chart Residential Development I I I Persons multiplied by per Net Capital Cost Housing Unit Per Person I I I J Developed plus plus Parkland Park Recreational (incremental) Improvements Facilities (incremental) (cost recovery) lischlerBise 7 -•• ' I. ". '~". ~. 7"~ •• "..... _. -"1" ." PARKS AND RECREATION FACILITIES IMPROVEMENTS AND COSTS DEVELOPED PARKlAND Impact Fee Study City of South Miam~ Florida The City of South Miami does not anticipate purchasing additional parkland in the foreseeable future. Rather, the City plans to maintain the current level of service for developed parkland with a citywide service area that it provides to existing development. Thus, the incremental expansion methodology is used to calculate this component of the Parks and Recreation Facilities impact fees. The City Intends to use Impact fees to develop a portion of Its undeveloped inventory of parkland. In order to host improvements such as athletic fields, playgrounds, parking, picnic and other amenities, parkland must first be developed in terms of basic infrastructure (e.g., sewer/water, parking, grading, etc.). Figure 5 provides a current Inventory of City-maintained parkland, Including 10 acres of undeveloped land designated as South Miami Park, and 34.94 acres of developed parkland, all with a citywide se,rvice area. As shown in Figure 5, the current level of service is 2.92 acres per 1,000 residents (rounded), based on a dividing the 34.94 developed acres by the current population of 11,979, The cost per p"erson Is calculated by multiplying the current LOS (2.92 acres per thousand persons) by the estimated cost to develop a park acre provided by the City ($175,000 per acre) and dividing this total by 1,000. This results in a current parkland development cost per person of $511.00. Figure 5: Incremental Expansion -Developed Parkland . :, , . . " Acreage"" , City of South Miami Parkland .undev~loped Developed Dante Fascell Park Brewer Park Murray Park 'Fuchs Park Marshall Williamson Park Jean Willis (Flowering Tree) Park AU-America Park Van Smith Olson Palmer Park/S.M. Field South Miami Park TOTAL Source: Oty 0/ South Miami Lellel 0/ ServIce (LOS) Standards Inventory of Parkland Acres 2013 Oty Population . ' .. .. . ,. . Cost Anaiysis LOS: Acres perThousand Person 10.00 10.00 7.50 1.50 3.50 5.00 3.50 0.50 1.40 1.14 1.00 9.90 34.94 34.94 11,979 8 Impact Fee Study City of South Miami. Florida PARK IMPROVEMENTS The park improvements component is based on the incremental expansion methodology. The City of South Miami maintains active and passive park Improvements for use by the ,current population. As the resident population grows, the City intends to use impact fee revenue to add park improvements to existing parks as necessary to maintain the current level of service of 3.59 units per 1,000 residents. As shown below, the City has 43 park improvements including sports fields and courts, playgrounds, and picnic amenities. The combined value of park improvements Is $5,075,586. The calculation to determine level of service is as follows: 43 units / (11,979/1,000 residents) = 3.59 units per 1,000 residents (rounded). The average cost per unit of existing park improvements Is $118,037. To calculate the cost of park improvements per capita, the average cost per unit is multiplied by the level of service resulting in a park improvements cost per capita of $423.75. Figure 6: Incremental Expansion -Park Improvements , ':,: ," ',' 'fotal ' -', Cost per , . ,Total.' " Park Improvements Units ' ' Unit, ,Value Ha ndba II Courts 1--_--=:..-.-j ___ ...lC:::2:::::::+--::.:=~:j Pavlli on 1----=:..-.-j--_...lC=::::::+---,l==:.j Ma~ounds~_-2~~ ______ ~~~~~~~~ Footba II/Soccer Fields (U ghted) ~--2:..-.~----__ 1.:!:.~~~,2;!-.!:~~ Base/Softball FI el ds (U ghted) 1-_-I.._-+ __ ---i~~~2:!~~:!!!.1 Open Fields (Unlighted) 1---~~-I------~~~l-2!~~ Tennis Courts 1-_.::!~-I-__ 2~~l-2:~~ Basketball Courts 1-__ .2 __ -I ___ 2~~l-2:!~~ Volleyba II Courts, Sa nd I----=---f---...:::.:::.:...!.!=+---,l==t Source: Oty of South Miami Level of Service (LOS) Standards Inventory of Park Improvements Total Park Acres Improvements per Acre 2013 Oty Population 43 34.94 1.23 11,979 lOS: Improvements per Thousand Person' " ., I, " 3.59 Cost Analysis lOS: Acres per Thousand Person. rovement lischlerBise . '" I ......... ~ :-0, •.•• ~ ••• ". ' .... . 9 RECREATION FAC'UTIES Impact Fee Study City 0/ South Miami" Florida In 2001, a need was identified for a recreational facility to serve current demands and expected development in the aty of South MiamI. As shown in Figure 7, the city constructed the 22,032 square foot Murray/Gibson-Bethel Community Center to serve a resident population of approximately 14,000 people (both existing and new residents), and reserved 25 percent of the total facility to serve non- resident members. Therefore, a 25 percent reduction factor is applied to the total square feet to determine the 16,524 square feet of the total space that will be used to calculate the level of service for this component. Based on an adjusted square footage of 16,524 and a capacity to serve approximately 14,000 residents, a cost recovery methodology is used to calculate the level of service of 1.18 square feet per resident by dividing 16,524 square feet by 14,000 residents. The ety spent $2.5 million to construct the 22,032 square foot facility, which equates to a cost per square foot of $113. The cost per person is derived by multiplying the 1.18 lOS by the cost per square foot ($113), resulting in a cost per person of $133.34. Figure 7: Cost Recovery -Parks and Recreation Facifitles Murray/Glbson-Bethe' Comm. Cntr ~Fo;;~;;~&'ii~0T!(.0~~W----..z::.~ Reduction Share of Facility For CIty Residents 1L-.. ____ ...;1;,;;6<=,S,;;.24.;.J1 Source: aty Of South Miami Level 01 Service (LOS) Stllndards Inventory of Square Feet lat/on TlSChlerBise t.,,#-> t;,~ .•. > •• ".'1"""'.Ij~·""''''''''''' 10 Impact Fee Study City of South Miami, Florida PARKS AND RECREATION CAPITAL IMPROVEMENTS NEEDED TO SERVE GROWTH PARKS AND RECREATION FACILITIES CAPACITY In 2001, the City of South Miami constructed" a new recreation facility designed to serve a resident population of approximately 14,000 people, with additional space to serve non-resident guests. Issuance of a general obligation bond provided the necessary funding to construct the new facility. Based on a capacity to serve 14,000 residents and the land use assumptions (see Appendix A) used to project the potential rate of new development, there remains enough capacity to serve approximately twenty years of growth. Shown in Figure 8 is the annual residential demand for the recreational facility square footage for each year past current demand, untillhe remaining capacity is utilized by future development. Figure 8: Recreational Facility Remaining Capacity to Serve Growth 12,169 12,266 12,363 1.18 14,588 12,460 1.18 14,703 12,559 1.18 14,820 12,658 1.18 14,936 12,759 1.18 15,056 12,859 1.18 15,174 12,961 1.18 15,294 13,064 1.18 15,416 13,167 1.18 15,537 13,271 1.18 15,660 13,376 1.18 15,784 13,482 1.18 15,909 13.589 1.18 16.035 13,696 1.18 16.161 13,805 1.18 16,290 1.18 16,419 1.18 16,548 lischlerBise 11 • '. I. ..• "' . ~ :'.' r.' , PROJECTION OF GROWTH-RELATED INFRASTRUCTURE NEEDS Impact Fee Study City of South Miam~ Florida Needs due to future growth were calculated using the current levels of service and cost factors for the Incremental expansion of developed parkland and park Improvements. Growth-related needs are a projection of the amount of existing infrastructure and estimated costs over a specified period needed to maintain current levels of service for expected population Increases. Figure 9 below is a summary of the growth-related needs to incrementally expand the number of developed park acres, and park improvements. The pace and location of new development will drive decisions regarding the timing of Individual improvements. Additionally, as new development occurs, the City may choose to negotiate for developers to make capital investments in return for credits against the Parks and Recreation Facilities Impact Fees. Figure 9: Parks and Recreation Incremental Improvement Needs Year Base 1 2 3 4 5 6 7 8 9 10 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Demand UnIt: Population 11,979 12,074 12,169 12,266 12,363 12,460 12,559 12,658 12,759 12,859 12,961 Cost of Necessary Parkland Cost of Necessary Improvements Cost of Necessary Parkland Cost of Necessa ry Improvements [lJ Shown as rounded numbers lischlerBise : ..... ,., ............... I'I ....... , •. ;; .. , ... !.:-t. . PrOjected Demand [lJ ParkAaes 1m rovements 35 43 35 43 36 44 36 44 36 44 36 45 37 45 37 45 37 46 38 46 38 47 $245,791 $203,825 $501,802 $416,125 12 COST FOR IMPACT FEE STUDY Impact Fee Study City of South Miami, Florida Included in the fee is the cost for preparation of the Parks and Recreation Facilities impact fees. As shown in Figure 10, this Is calculated based on the projected growth In South Miami population over the next five years, which is the recommended period of time impact fees should be in effect before reevaluation to reflect changes in development and levels of service. Between 2013 and 2018, the City of South Miami population is projected to grow by 481 persons. The consultant cost to prepare the 2013 Impact Fee Study ($18,000) is divided by the 5-year net increase In population (481) to derive a per person cost of $37.42. Figure 10: Impact Fee Study Preparation Cost (Parks and Recreation Portion) Fee Component . . . Residential Proportionate Share 100% Consultant Fee $18,000 $18.000 lischlerBise 13 • ",' ; , ..• ". "" •• 'I; ~ .••.. , t, ". CREDIT FOR FUTURE PRINCIPAL PAYMENTS Impact Fee Study City 0/ South Miami, Florida The City of South Miami borrowed money to fund construction of the Murray/Gibson-Bethel Community Center. Because of this, TIschlerBlse recommends the Parks and Recreation Facilities impact fees include a credit for future prinCipal payments on the existing General Obligation debt. New residential development that pays the Parks and Recreation Facilities impact fees will also contribute to future prinCipal payments paid from property tax revenue. To account for the time value of money, annual principal payments are discounted using a net present value formula based on the estimated average interest rates over the life of the bond. A credit is only necessary for principal payments because the recreation facilities component was based on the construction cost of the facility and not the debt service schedule. Figure 11 shows the credit calculated based on the projected principal payments starting in fiscal year 2014 through the remainder of the bond's term. The applicable net present value of the credit for residential development is $85.51 per person. This will be subtracted from the gross capital cost per person to derive a net capital cost per person to be used in calculating the maximum supportable impact fee for Parks and Recreation Facilities. FIgure 11: Credit for Future Principal Payments on Parks and Recreation Facilities TlSChlerSise , ... ~. ;-......... -.;. ~ ,...... ... · .... i·: .... ·"~·· ,'. Fiscal Year 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 TOTAL Principal Persons $60,000 12,074 $65,000 12,169 $70,000 U,266 $75,000 12,363 $75,000 12,460 $80,000 12,559 $35,000 12,658 $90,000 12,759 $90,000 12,859 $95,000 12,961 $100,000 13,064 $105,000 13,167 $110.000 13,271 $120,000 13,376 $125,000 13,482 $130,000 13,589 $135,000 13,696 $1,610,000 Discount Rate· Net Present Value • Average estimated Interest rate over life af loan. Source: Dry of South Miami $4.97 $5.34 $5.71 $6.07 $6.02 $6.37 $6.72 $7.05 $7.00 $7.33 $7.65 $7.97 $8.29 $8.97 $9.27 $9.57 $9.86 $124.16 , , .. ; 4.00% $85,51 14 Impact Fee Study City of South Mjam~ Florida PARKS AND RECREATION INPUT VARIABLES AND IMPACT FEES Figure 12 provides a summary of the input variables (described 'in the chapter sections above) used to calculate the net capital cost per person of developed parkland, park improvements, and recreational facilities. The Parks and Recreation impact fees are the product of persons per housing unit (see Appendix A -Land Use Assumptions), by type, multiplied by the totql net capital cost per person. Fees are provided for multifamily units and an average sized single family unit. As an option, fees are also presented by size of single family housing unit, based on household size established by number of bedrooms (see Appendix A for further explanation). Each Persons per Housing Unit factor is multiplied by the I')et capital cost per person to derive the impact fee per unit. An example of the calculation for an average single family unit is: the net capital cost per person ($1,020.00) multiplied by the persons per housing unit for that size unit (2.80) to derive the impact fee per average single family unit of $2,856. Figure 12: Parks and Recreation Input Variables and Maximum Allowable Impact Fees Parks and Recreation Capital Casts Parkland land Development Developed Parks Per Person $511.00 $423.75 $133.34 Park Improvements Parks and Recreation FacilitIes Impact Fee Study Debt Service Credit $37.42 Parks and Recreation lischlerBise ,.-,.-, ..... ,_ .. , ....... ·l·:·· .. '-:.-., (1) PPHU Recommended multipliers are scaled to make the average value by type of housing for FL PUMA 4014 match the average value for the Oty derived from 2011 America n Community Survey data, with persons adjusted to the Otywide average of 2.80 persons per single family unit. 15 Impact Fee Study City 0/ South Miam~ Florida CASH FLOW PROJECfIONS " This section summarizes the potential cash flow to the City of South Miami, if development occurs as projected, and the Parks' and Recreation impact fee is implemented at the maximum allowable amounts. The cash flow projections are based on the assumptions detailed in this chapter, and the development projections discussed in Appendix A -Land Use Assumptions. The cash flow provides an Indication of the impact fee revenue generated by new development, and capital expenditures necessary to meet the demand for new parks and recreation facilities brought about by new development and the existing debt service for the Murray/Gibson-Bethel Community Center General Obligation bond. Necessary expenditures associated with the Incremental expansion of developed parkland, and park Improvements are calculated based on current costs per unit, and on maintaining the current levels of service. For the cost recovery expenditures associated with the recreation facility General Obligation bond the total payments for the lO-year period are shown in the capital cost section. The cash flow deficit represents the portion of the full debt service not recouped through Impact fee revenues. The cash flow Is also affected by the reduction of impact fee revenue due to a credit for future payments of the General Obligation debt for the recreational facility. Figure 13: Caslr Flow Summary lischlerBise ...... I.~--~ '. ~ .., ......... " , ......... ,~ .. ~. Parks and Recreation Cash Flow 2013-2023 :'" .': . ~ ".:.' . Revenue~ .'. .' .. ~ ..... , 'c.~ : _. ~~'-. Net Cost per Population New Population [ll Potential Revenue, 2013-2023 (rounded) $1,020.00 982 $1,001,643 : ....... :' ... :': .... : ..... :, ,.' .. :' .. :·Costs .... : .. ' .. : ...... :.:.,.: ....... ,.'. Parks and Recreation Necessary Improvements Recreation Facility DebtServlce [2] impact Fee Study Total Capital Costs, 2013·2023 $917,927 $1,332.483 $18,000 $2,268,410 CUmulative Surplus/(De/1clt) ($1,266,768) [1] TIschlerBlse, Land Use Assumptions [2] Reflects the total debtservlce obligation (principal and Interest) 16 IMPLEMENTATION AND ADMINISTRATION Impact Fee Study City of South Miami, Florida All costs in the impact fee calculations are given in current dollars with no assumed inflation rate over time. Necessary cost adjustments can be made as part of the recommended annual evaluation and update of impact fees. One approach is to adjust for Inflation in construction costs by means of an index like the one published by Engineering News Record (ENR). This Index can be applied against the calculated Impact fee. If cost estimates change significantly the City should recalculate the fees. There are certain accounting procedures that should be followed by the City: For example, monies received should be placed in a separate fund and accounted for separately and may only be used for the purposes authorized in an impact fee ordinance. Interest earned on monies In the separate fund should be credited to the fund. CREDITS AND REIMBURSEMENTS If a developer constructs a parks and recreation facilities component that was included in the fee calculations or dedicates land for future investments, It will be necessary to either reimburse the developer or provide a credit against the Parks and Recreation Facilities impact fees. The latter option is more difficult to administer because it creates unique fees for specific geographic areas. Based on TlschlerBise's experience, It is better for the City to establish a reimbursement agreement with the developer that constructs a system improvement. The reimbursement agreement should be limited to a payback period of no more than ten years and the City should not pay interest on the outstanding balance. The developer must provide sufficient documentation of the actual cost incurred for the system improvement. The City should only agree to pay the lesser of the actual construction cost or the estimated cost used in the impact fee analysis. If the City pays more than the cost used in the fee analysis, there will be insufficient fee revenue. Reimbursement agreements should only obligate the City of South Miami to reimburse developers annually according to actual fee collections from the benefiting area. COLLECTION AND EXPENDITURE ZONES The reasonableness of impact fees is determined in part by their relationship to the local government's burden to provide necessary public facilities. The need to show a substantial benefit usually requires communities to evaluate collection and expenditure zones for public facilities that have distinct geographic service areas. Therefore, developments paying fees will be benefiting from the proviSion of additional capital improvements in their service area. The impact fees prepared for the City of South Miami are based on capital improvements that will have citywide benefits; therefore, a citywide service area is appropriate. lischlerBise 17 " • ", ...... 41'1,. "".' ." ...... INTRODUCTION Impact Fee Study City of South Miami Florida As part of our Work Scope, TischlerBise has prepared documentation on demographic data and development projections that will be used in the City of South Miami Parks and Recreation Facilities Impact Fee Study. The demographic estimates for 2013 will be used in the fee calculations. The development projections are used solely to illustrate a possible future pace for service demands, impact fee revenues, and capital expenditures. Base year residential development estimates were developed based on historic trends, current data maintained by the Miami-Dade County Assessor's Office, and discussions with staff. Three assumptions informed the calculation of prOjections for each year past the base. First, TischlerBise assumed historic trends would continue. Second, the twenty-year projections do not Include any large- scale development projects that would diverge for historic growth patterns. lastly, the projections assume the City of South Miami would fiU[ annex additional lands for development in the twenty-year projection window. The data herein are for the City of South Miami 2013 Parks and Recreation Facilities Impact Fee Study. lischlerBise 18 • ......... :h .. r .. !.." .. ~ .•. ~~~.;.>' ..... ': ...-•• Impact Fee Study City of South Miam~ Florida RESIDENTIAL DEVELOPMENT CURRENT HOUSING UNIT ESTIMATES Impact fees require an analysis of current levels of service. For residential development, current levels of service are determined using estimates of population and housing units. To estimate current housing units in the City of South MiamI, TischlerBlse began by calculating the distribution of housing units by type of structure from the decennial census and the 2011 American Community Survey 5-year Estimates. According to the Census data, the housing unit inventory in the City is 65 percent single 'units and 35 percent units in multi-unit structures. Single Unit includes detached, attached-condominiums, and manufactured home structures. According to Miami-Dade County data, the City has 3,643 single unit housing structures (single family detached and condominium), and 95 structures with multiple housing units. Figure A14: Citv of South Miami Residential Structures Property Type Single Family Condominium Multifamily Total Units Structure 2,854 789 3,643 Source: Miami-Dade County Property Appraiser. (lJul13) 2013 Assessment Roll Change by Property Type 2,854 789 95 3,738 Holding the 2011 U.s. Census unit distribution constant, the number of housing units in the 95 multi-unit structures can be calculated as follows: (3,643 single units /65%) X 35% = 1,988 housing units in multi- unit structures. This equates to a base year estimate of 5,631 total housing units in the City of South Miami. Figure AlS: Residential Housing Units in the City of South Miami Structure Type Sing) e Unit [3} 2+ Units Total 2011 Base Yeor -NII9- 3,643 1,988 5,631 [1) U.S. Census Bureau, 2011 American CommunitySurveyS-Year Estimates: Table 825024 [2) Ci ty of South Mi a mi [3] Single Unit includes detached, ~ttached, and manufactured homes Source: City of South Miami Based on household characteristics and data availability, TischlerBise recommends using two housing unit categories for the impact fee study: (1) Single Unit and (2) 2+ Unit. (Further discussion on housing characteristics by housing unit type and bedroom count is provided at the end of this memo.) lischlerBise 19 , -•• " I .' ..•.. , '. ,,~., ... ; .' •. '~·.h PERSONS PER HOUSING UNIT Impact Fee Study City of South Miami, Florida According to the U.S. Census Bureau, a household Is a housing unit that is occupied by year-round residents. Impact fees often use per capita standards and persons per housing unit (PPHU) or persons per household (PPH) to derive proportionate-share fee amounts. • When PPHU is used in the fee calculations, infrastructure standards are derived using year- round population. • When PPH is used in the fee calculations, the impact fee methodology assumes all housing units wi!! be occupied, thus requiring seasonal or peak population to be used when deriving infra~ructure standards. TischlerBise recommends that impact fees for residential development in the City of South Miami be Imposed according to the number of year-round residents per housing unit (PPHU). This methodology assumes some portion of the housing stock will be vacant; and according to the U.S. Census ~ureau American Community Survey, the City had a 2011 vacancy rate of 16.6 percent. Persons per housing unit (PPHU) requires data on population In occupied units and the types of units by structure. These data are coiiected In the U.S. Census Bureau, American Community Survey (ACS;. Figure A16 below shows 2011 ACS 5-year estimates for the City of South MiamI. To calculate the PPHU, persons in occupied units (11,507) is divided by total housing units (5,034). Dwellings with a single unit per structure (detached, attached, and manufactured homes) averaged 2.80 persons per housing unit. Dwelling units in structures with multiple units averaged 1.34 persons per housing unit. The 2011 average persons per housing unit (PPHU) of 2.29 will be held constant over the projection perIod since the impact fees represents a "snapshot approach" of current levels of service and costs. The 2.29 PPHU factor will be applied to the base year 2013 housing unit estimate calculated above. Figure A16: Persons per Housing Unit by Type of Unit, 2011 American Community Survey Group Quarters __ --"-,;;;..-___ _ TOTAL 5 Source: U.S. Census Bureau, 2007-2011 American Community Survey 20 YEAR-RoUND POPUlATION ESTIMATES AND PROJECTIONS Impact Fee Study City of South Miom~ Florida Based on recent growth trends and discussions with City staff, TischlerBise calculated a base year population estimate, for use in the Impact Fee Study. Please note: because population estimates used in the impact fee study are based on year-round population, estimates and projections presented herein will be lower than the University of Florida's Bureau of Economic and Business Research household population data. To calculate a 2013 year-round population, TischlerBise used annual intercensal July population estimates from the U.S. Census Bureau for 2006 -2010 to establish a population growth trend and a relationship between City of South Miami and Miami-Dade County population. According to Census estimates, over the last decade the City of South Miami has hosted on average 0.47 percent of the annual Miami-Dade County population, but the share has decreased slightly each year. The 2013 City of South Miami Impact Fee Study assumes the City will not annex additional land in the next twenty years. Therefore, the share of County population in the City is not likely to increase, but through more intensity of land use, the assumption used to calculate projected population estimates is that the share will decrease only 0.01 percent by 2033. The Florida Office of Demographic Research estimates the County has a 2013 population of 2,577,768. According to the Office's long-term growth projections, the population of Miami-Dade County is projected to exceed 3 million by 2033. This equates to roughly a 0.89 percent growth rate for the Miami- Dade County population between 2010 and 2033. By applying the City's share of County population to the 2033 projected population it is projected the City of South Miami will have a 2033 population of just over 14,000. See Figure A17 for additional detail. The exponential growth rate of 0.79 percent calculated from the City's 2010 and 2033 population estimates was used to estimate a 2013 base year population of 11,979 for the City of South Miami. Figure A17: Population Estimates and Projections for City of South Miami Population Estlmotes [lJ III u.s. Census: lntercensal Populatlon Estimates (21 Florida Office of Demog .. phi. Re.earch,CountyPopulatlon Projections (3) FlorIda Office of Oemogra phlc Research: County PopulatIon ProJection. City projection calculated from .46'" Clty share at County populatIon trend lischlerHise , .~ ,: ~:' ". to .' " '" -..• 'J. ( , ...... I,· " Exponent; al Growth Rales 2006-10 2010·33 :E1W.~~ 21 Impact Fee Study City 0/ South Miami, Florida DEMAND INDICATORS BY SIZE OF DETACHED HOUSING TIschlerBise analyzed demographic data in an effort to refine the impact fee schedule to be more progressive for residential development. This can be done by developing fees bV size of housing unit basec;f on bedroom count. Household size can be derived using custom tabulations of demographic data by bedroom range from survey responses provided by the U.S. Census Bureau in files known as Public Use Micro-data Samples (PUMS). Because PUMS data are only available for areas of roughly 100,000 persons, the City of South Miami Is in Florida Public Use Micro-data Area (PUMA) 04014. Data Is first analyzed fQr the PUMA area and then calibrated to conditions In the City. TischlerBise used 2011 ACS 5-Year Estimates to derive persons per housing unit by number of bedrooms. As shown in Figure A18, recommended multipliers were scaled to make the average value by type of housing for Florida PUMA 04014 match the average value derived from ACS data specific to South Miami. As the number of bedrooms increases, persons per unit increases. Figure A18: Average Persons and Trip Ends by Bedroom Range in City of South Miami Persons Housing UnftType Multifamily Units Total L:,;i;,;=::;;;.;;;~;..;-.~=;.u.. ___ ";;;;;;,,;,,,_-, GRAND TOTAL 5,472 2,469 [1} American Community Survey, Public Use Mlcrodata Sample for FL PUMA 04014 (unwelghted data for 2011). . [2] Persons per HousIng UnIt factors are scaled to make the average value by type of housing for FL PUMA 04014 match the average value derived from American Community Survey 2011 data, with persons adjusted to the Otywide average of 2.80 persons per single unit. POPULATION AND HOUSING UNIT PROJECTIONS TIschlerBise used a two-step process to project housing units for each year past base year 2013. First, to calculate units added each year, the annual net popUlation increase was divided by the PPHU factor (2.29). The total units estimate was then distributed by type of structure using the assumed 2013 unit mix from above (65 percent single unit and 35 percent multi-unit structures). Over the 20-year projection period, the share of single unit structures decreases by less than one percent. See Figure A19 below for a summary of population and housing unit projections. Population and housing unit projections are used to illustrate the possible future pace of service demands, revenues, and expenditures. As these factors will vary to the extent that future development varies, there will be virtually no effect on the actual amount of the impact fees. lischlerBise 22 •• , .•. I,"' ... ' ..... ~ ,..y. ..... ~ ~ol' ..... .n-.""'. Figure A19: Population and Housing Unit Projections in City of South Miami, 2013 -2033 SUMMARY OF DEMAND PROJECTIONS (City Limits) TOTAl YEAR-ROUND POPUlATION 0.79% TOTAL HOUSING UNITS RESIDENTIAL DEVELOPMENT Housing Units Single Units Multifamily Units lischlerBise •••• .1 •• , •• -.l<,,~ .. t"~''''''''''''''''·''''h.·n TOTAL 2011 65% 35% Impact Fee Study City of South Miami, Florida 23 Impact Fee Study City of South Miami, Florida Ap~END.lX.B.-FLORIDASTATU.TE: 163.31801·. ~.. .. :.: ... : ........... : .::.::: ..... : .. TITLE XI 163.31801-IMPACT FEES; SHORT TITLE; INTENT; DEFINITIONS; ORDINANCES LEVYING IMPACT FEES FLORIDA IMPACT FEE ACT (1) This section may be cited as the "Florida Impact Fee Act." (2) The Legislature finds that Impact fees are an important source of revenue for a local government to use in funding the Infrastructure necessitated by new growth. The legislature further finds that Impact fees are an outgrowth of the home rule power of a local government to provide certain services within Its jurisdiction. Due to the growth of Impact fee collections and· local governments' reliance on impact fees, it is the intent of the legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a spedal district adopts an Impact fee by resolution, the governing authority coml?lies with this section. (3) An lmfjtlct fee adopted by ordinance of a count" or municipality or bV resc!ution of ~ sp~cial district must, at minimum: (a) Require that the calculation of the impact fee be based on the most recent and localized data. (b) Provide for accounting and reporting of Impact fee collections and expenditures. If a local governmental entity imposes an impact fee to address its Infrastructure needs, the entity shall account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Require that notice be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A county or municipality is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. (4) Audits of financial statements of local governmental entities and district school boards which are performed by a certified public accountant pursuant to s. 218.39 and submitted to the Auditor General must include an affidavit signed by the chief financial officer of the local governmental entity or district school board stating that the local governmental entity or district school board has complied with this section. (5) In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee rneets the requirements of state legal precedent or this section. The court may not use a deferential standard. History.-s. 9, ch. 2006-218; 5.1, ch. 2009-49; s. 5, eh. 2009-96; s. 5, eh. 2011-14; s. 1, eh. 2011-149. lischlerBise 24 ' ... ;.II •• · ... • .. ,.;t..I'\II' .... "t· ..... :I' .... ,. · • _ •• ! .•••••••••••••• W'_ .• _h'~ _ ..... ..... ;.".,. City of South Miami ....• j .. nit .. ;;. 4. .'~' . Ii __ .I"Hi .. i . . ____ J .J.l.H .31 .. I . .IL _ .1. _r_ Fe.'l) i ... W Table of Contents CONCURRENCY REVIEW •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 INTRODUCTION ....................................................................................................................... 1 BRIEF HISTORY OF FLORIDA LAw ......................................................................................... 2 SOUTH MIAMI CONCURRENCY MANAGEMENT SYSTEM .................................................... 5 CITYWIDE TRANSPORTATION CAPACITY ASSESSMENT .................................................... 7 TRANSPORTATION CONCURRENCY EXCEPTION AREAS (TCEA) ...................................... 9 MULTIMODAL TRANSPORTATION DISTRICTS (MMTD) ........................................................ 14 SPECIALTY LEVELS OF SERVICE (LOS) ANALYSIS ............................................................. 17 . SUMMARY AND RECOMMENDATIONS ................................................................................. 21 Tables TABLE 1 CONCURRENCY REVIEW REQUIREMENTS IN SOUTH MIAMI ..... -......................... 5 TABLE 2 SOUTH MIAMI LOS STANDARDS ............................................................................. 6 TABLE 3 FDOT'S GENER!C COST PER MILE MODELS ......................................................... a TABLE 4 SOUTH MIAMI TCEA PLANNING EFFORT (PRELIM/NARY) ................................... 13 TABLE 5 SOUTH MIAMI MMTD PLANNING EFFORT (PRELIMINARY) .................................. 15 Figures FIGURE 1 CITY OF SOUTH MIAMI BOUNDARy ...................................................................... 3 FIGURE 2 CHANGES AFTER THE REPEAL OF THE GROWTH MANAGEMENT ACT ........... 4 FIGURE 3 SOUTH MIAMI URBAN INFILL & REDEVELOPMENT AREA .................................. 7 FIGURE 4 SOUTHWEST VIEW OF SOUTH DIXIE HIGHWAy ................................................. 8 FIGURE 5 MIAMI-DADE COUNTY TCEA COMPREHENSIVE PLAN COMPARISON .............. 11 FIGURE 6 MULTI-MODAL TRANSPORTATION OPTIONS IN AND AROUND SOUTH MIAMI 12 FIGURE 7 MULT/MODAL TRANSPORTATION DISTRICT CHECKLlST .................................. 16 FIGURE 8 POLICE, FIRE, AND HOSPITAL FACILITIES IN SOUTH M!AML ............................ 18 FIGURE 9 ANNUAL AVERAGE DAILY VOLUMES FOR URBANIZED AREAS ........................ 20 Concurrency Review Study City of South Miami 3.. .... 2 ..... , ; ... ... JJ J£3 .. 1 J. CONCURRENCY-REVIEW Introduction .... f .. __ In September 2013, the City of South Miami (City) contained approximately 2.31 square miles of land, had an estimated population of 11,998,1 and was one of34 incorporated municipalities in Miami- Dade County (County). Together, the 34 incorporated municipalities covered approximately 217.59 square miles and the unincorporated areas covered approximately 1,761.77 square miles.2 In January 2013, the County reported a total popUlation of 2,496,435 with 1,102,955 individuals living in unincorporated areas and 1,393,480 individuals living in incorporated municipalities. As such, the City contained approximately 0.12 percent of the County's land and 0.48 ... I. .. .. ; percent of the County's population (varies slightly depending upon data source). Figure 1 illustrates the boundary of the City. which is located adjacent to the City of Coral Gables to the east and the Village of Pinecrest to the south, but is mostly surrounded by unincorporated areas. The County is responsible for providing public facilities and services to most of the residents and businesses in the unincorporated areas. This places a large burden on the County's resources, and in some unincorporated areas, has resulted in lesser quality or lesser convenient access to public facility facilities and services (e.g., police response times)thcm are typically provided in the incorporated municipalities. On November 20,2012, the Board of County Commissioners unanimously approved Resolution No. R-983-12, Resolution Creating Task Force to Review Pending Annexation and Incorporation Proposals and to Make Recommendations on How the County Should Proceed to Address the Remainder of the Unincorporated Communities. . The intent was to create an Annexation and Incorporation Task Force that would provide the County with recommendations on how the remainder of the uninc~rporated areas could either create new MIAM incorporated municipalities or be annexed by an existing one. This was similar to what has been long encouraged by Broward County in order to allow more localized municipalities address and implement policy for their own localized issues, thereby allowing Broward County to concentrate on more regional issues. In recent years, the City has made proposals to annex some of the surrounding unincorporated areas (primarily those just north and south of the City boundary), but those proposals were temporarily set aside until further studies could be completed to analyze public sentiment, financial feasibility, and other factors. As the City continues to consider annexation opportunities and also new development opportunities within its current boundary, it was necessary to review the City's concurrency review procedures and Levels of Service (LOS) standards that are in place to ensure that adequate public facilities and services continue to be maintained. The purpose of this study is to analyze concurrency requirements within the City for 1 2013 Impact Fees: Demographic Memo, TischlerBise, August 28, 2013. 2 The square miles were calculated from GIS parcel data that was obtained from Miami-Dade County. aker 1 Concurrency Review Study City of South Miami Ai... . .. J. Lt ..... , .. ~ mo •• .. i,' . .. r . £ .J •••• :..1 hE. ..j t.. ..... ; ... .L.. • new development, redevelopment, and revitalization project proposais and to present urban planning concepts that may be considered by the City to potentially increase the viability and number of such project opportunities. The remaining sections of this study cover the topics below. The City should use the information presented to determine whether some of their existing po1ici~s can be modified to be less restrictive for new development proposals (e.g., whether programs can be implemented to reduce impact fees). The information should also be useful for understanding some of the implications associated with annexing potential unincorporated areas in terms of maintaining adequate LOS standards for pubiic facilities and services within those areas. • Brief History of Florida Law • South Miami Concurrency Management System • Citywide Transportation Capacity Assessment • Transportation Concurrency Exception Area (TCEA) • Multimodal Transportation District (MMTD) • Specialty Levels of Service (LOS) Analysis • Summary and Recommendations Brief History of Florida Law The 1985 Florida Growth Management Act (GMA) was passed, largely in part, to make sure that all of the state's citizens were afforded access to adequate public facilities and services. The GMA required local governments to develop state-approved comprehensive plans that included LOS standards and goals, objectives, and policies for various elements (land use, transportation, open space, etc.). The GMA also required local governments to perform concurrency reviews for certain development proposals. Concurrency was mandated by the state to make sure that adequate public facilities would continue to be provided after new developments are constructed. For example, if a new development would result in increased traffic on local roads and 500 new residents to a local population, a concurrency review may determine that impact fees would be required to pay for improved roadway infrastructure and new park facilities. Governor Rick Scott repealed the GMA in 2011 which subsequently left it up to local governments approve their own comprehensive plans and LOS standards. The Governor felt that the GMA was prohibitive to economic development in the state and was also a contributing factor to sprawl because many businesses decided to develop outside of congested urban areas where they would not be subject to significant impact fees (if any) -specifically those that would be determined during the transportation concurrency process that was previously mandated by the state. However, the City continues to be subject to various state laws that pertain to concurrency review procedures that are described throughout this study. Figure 2 highlights some of the changes that occurred following the repeal of the GMA. 2 Concurrency Review Study City of South Miami •.. J.. if.". s. aker lUi! i. ... tJ )3!£ i.E Lk ,zi.i.i £S a 2iC . L.. .. 3.. lii SW 88th St Pinecrest 5wnnd SI ~ '" SW 91\1 5t Source: Michael Baker Jr., Inc., 2013. 3 Concurrency Review Study City of South Miami "~I ..l.i£, ... C., ."",.1UiJ " ,-" _ .5; , j, . _.1;" iE J2.i, L_ .\" L .:autL J .U 1E &" .,,_,.,_L ,,;J5., L" J' Figure 2 Changes After the Repeal of the Growth Management Act .. " .. . ,--.---.-.---.. ----Tne-Ch-anges: -Ola-vs.-N€w .:...:.. ----.-:,-:. '~''',-. , OLD, ttno'L"JMA\ _~approvaJ from the Ftorlda ~t " of COmmmdty Affairs. St~ by 61 planners and assIstcUrts. I OLD Developers were required to pay for I Improvements to streets. schools. parks. I water. garbage. drainage and sewer , systems their developments would cause to ' I fall below standards. ! NEW ' (UOFor;r.J,. can OhIVo~Je¢t on , grounds of'negaJiVe fm~ct to *tmpOrtant state resources and ' fadHtfes." now undeflned. ' , .... u. started bY 32 plclnnerS'and 1CRtIIIIC~ asSIstants. ' NEW local governments are now responsible for controlling the Impact of growth on streets. schools and parks. Source: Northeast Florida Regional Council aker -----4 Concurrency Review Study City of South Miami . L 3 , i .. ..' ... J. 1.£. 3 2 . South Miami Concurrency Management System Florida Statute 163.3180(1 b), Concurrency, states that "The local govel'Jlment comprehensive plan must demonstrate, for required or optional concurrency requirements, that the levels of service adopted can be reasonably met. Infrastructure needed to ensure that adopted level-of- service standards are achieved and maintained for the 5-year period of the capital improvement schedule must be identified pursuant to the requirements ofFS 163.3177(3). The comprehensive. plan must include principles, guidelines, standards, and strategies for the establishment of a concurrency management system." In other words, every local government is responsible for making sure their five-year capital improvement schedule is tailored such that improvements wiJ) be conducted to maintain the LOS standards set forth in the comprehensive plan. As ~ew development, redevelopment, and revitalization projects occur in the City, the capital improvement schedule may need to be adjusted to account for maintaining consistent LOS standards for public facilities. Therefore, the City's concurrency management system is used to track and assess when public facilities and services may fall short of the adopted LOS standards and to determine what capital improvement projects may be necessary to combat those impacts. The Land Development Code of the City of South Miami describes the City's current concurrency review procedures. The Land Development Code indicates that "A development permit, Certificate of Completion (CC), Certificate of Occupancy (CO), or Certificate of Use and Occupancy (CU) shall not be issued when LeveJ(s) of Service (LOS) for public services and facilities do not meet or exceed LOS standards, or when the issuance of a development permit andlor CC andlor CO andlor CU would result in a reduction of ' the actual LOS for any service or facility below the established LOS standards ... " Table 1 shows the concurrency review requirements for the City -specifically what types of projects require a concurrency determination. Concurrency determinations are conducted by the City, County, and other applicable agencies to review potential impacts to streets, sewage, water, drainage, solid waste, and recreation~ facilities. Table 2 summarizes the current LOS standards as identified in the Land Development Code. Consequently, non-exempt projects are subject to concurre~cy reviews that compare the development proposal to the LOS standards for each category shown. Table 1 Concurrency Review Requirements in South Miami Non-Exempt Projects (Concurrency Reauired) Exempt Projects (No Concurrency Reauired) • New development on vacant land, • Changes in use which clearly do not cause an • Building additions which increases gross floor area increase in demand upon any publIc facility (or by 5,000 square feet or more and increases public which cause a reduction in demand) and that do not facility usage. require more than 25 parking spaces. • Changes of use which increase required parking by • Single-family and two-family residences on 25 spaces. previously platted lots. · Public uses that the City Commission finds essential to the health and safety of city residents. • Projects approved prior to the adoption of the Land Develooment Code on October 26,1989. Source: Land Development Code of the City of South Miami. aker 5 Concurrency Review Study City of South Miami . L.b WiSC.2. -2. £La 3.& .... i!,.2IidXZ 2 . .. . ;; . J. .... __ .. .2. &... Ll jjJj ; '.I!I .. ' -South Dixie Highway-150% of "D' Capacity -Bird Road -120% of"e" Capacity -Principal and Minor Arterials (Sunset Drive, Red Road, and Kendall Drive) -OF" Capacity -Collectors (SW 48th Street, Miller Drive, &N 6200 Avenue, and Ludlam Road) -"e" Capacity (except those located in the County's Urban Infill Area" which are exempt from concurrency review) -Certain are exempt If are located in the County's Urban Infill Area Because much of the City' is already fully-developed with relatively aging infrastructure, it can be difficult for the City to attract new development opportunities that would result in a significant economic boost for the community. In addition to the costs required for a company to construct a new facility that may bring numerous jobs andlor residents to the City, under the current concurrency review requireme~ts, the company may have to pay significant impact fees to modernize the infrastructure to maintain adequate LOS standards for public facilities and services. As mentioned in Table 2, certain projects are exempt from transportation concurrency if they are located within the County-designated urban infill and redevelopment area, which is depicted in Figure 3. That area is part of the County's TCEA, and as such, projects that encourage use of public transportation are exempt from transportation concurrency if they are consistent with the City's comprehensive plan. Furthermore, the entire City is located within the County's TCEA and certain projects in other parts of the City are also exempt from transportation concurrency, but the requirements for project exemptions are more stringent if they are located outside the urban infill and redevelopment area. Since impact fees for maintaining adequate LOS standards for transportation can be significant in a congested urban area. the state provides municipalities vv'it.'1 other options to emphasize and plan for enhanced multimodal transportation infrastructure projects (public transportation, pedestrian, bicycle, etc.), one of which is by implementing a TCEA, in order to reduce congestion on local roads. Those options are also explored later in this study. 'aR-er '": .. :- •••• ' 'I. 6 Concurrency Review Study City of South Miami Figure 3 South Miami Urban Infin & Redevelopment Area !:il"~~·: "'~..." '.:::' .:." ~.~ '.-."'j . .', .' I ..• :~ ." ~... . •.... ,/ :"'MBRIO~E l.A~NS·· .... .. . .. '",,~-.' ... \'.' ...... _.1 . :~/SfORic;; ' .. ::-~{ -~ ~-"._ L: -..... -'J ~ OISTR!CT.-: : . '> .. ..-II' . -.... . ~. \. '. i ..... it.. -.. ........ . .. ~:.~~~:. i . .._.~ I L··:.~.~ ... . a ~ [' .:; > ~ .. :.' 4tb s.. .ii-.~... . . .' .. -.. ~ ~ 0. P !' "'" A~ .; . SW68th St .... ;, -. -: "--. • "-~:.' * . !g sw 16th St··· . ti1 ".. Source: Michael Baker Jr" Inc. Citywide Transportation Capacity Assessment '~!:" .(, :; ~ -.. ~ . .. it..iIk The previous section identified the current LOS standards for various roads within the City. In order to detennine if roadway projects could be conducted to enhance capacity (e.g., by adding additional lanes), Michael Baker Jr., Inc. (Baker) perfonned a general assessment of the existing roadway infrastructure. The assessment consisted of a Google Earth street view tour of the City to detennine if there were cost-feasible opportunities to add additional lanes or to conduct large- scale roadway modifications to improve traffic flow. As shown in Figure 4, because the City is largely built-out with existing infrastructure, road edges tend to be close to buildings, parking lots, and other features that severely limit roadway expansion possibilities. For example, within this view of South Dixie Highway, the M-Path multi-use trail and the elevated Metrorail track prevent expansion of the southbound lanes, whereas buildings and parking lots prevent expansion of the northbound lanes. Although this is only one view of the City's roads, it was provided to illustrate that limited options for wholesale corridor improvements are available aker Concurrency Review Study City of South Miami L 5 :.. i.J . . .1.-...... .11 . .1.1 IlL .. . . ..1 _ ; ).2 ... &2.cd ... 3. £ ; .. .lIi; £.t .. J. within the City, unless a significant amount of property acquisition and demolition is conducted. It is noted that Baker only conducted a wholesale corridor assessment and did not conduct an intersection by intersection analysis to detennine if signalization, signage, and tum lane improvements could be conducted in some locations to ease traffic congestion. For reference purposes, various construction "Cost Per Mile" estimates are provided in Table 3 from the Florida Department of Transportation's (FD01) Generic Cost Per Mile Models worksheet (updated April 8,2013). The estimates are representative of the entire state of Florida and do not include the additional costs that would be required for design, property acquisitions, demolitions, utility relocations, etc. Due to the extreme costs and impacts that would be associated with roadway widening, the City is actively considering conducting multimoda! transportation improvements that would encourage greater use ofhicycJe, pedestrian, and mass transit facilities with the goal of placing less empbasis on automobile utilization, which is discussed in the following sections of this study. Figure 4 Southwest View of South Dixie tmmvllav Table 3 FDOT's Generic Cost Per Mile Models Description Cost Per Mile Add 2 Lanes to Existing 2 Lane Urban Undivided Arterial (1 Lane Each Side) with $3,472,028 4' Bike Lanes Widen 2 lane Urban Arterial to 4 Lane Divided with 22' Median & 4' Bike Lanes $4,065,273 Add 2 Lanes to Existing 3 Lane Urban Undivided Arterial (1 Lane Each Side) with $3,637,222 Center Tum Lane & 4' Bike lanes Widen 4 Lane Urban Divided·Arterial to 6 Lane Urban Divided with 22' Median & 4' $3,774,587 Bike Lanes Widen 6 Lane Urban Divided Arterial t08 Lane Urban [)ividedwith 4' Bike Lanes $4.276.798 Two Directional, 12' Shared Use Path $231,279 Sidewalk Construction -5' One Side, 4" Depth $110,392 Source: FDOTs Generic Cost Per Mile Models worksheet (updated April 8, 2013). aker -8 Concurrency Review Study City of South Miami Ii t. :,' . hI. ._ .".1.1. r Transportation Concurrency Exception Areas (TCEA) As previously mentioned, the entire City is located within the County's TCEA. The 2009 Community Renewal Act (CRA) classified the entire County as a TCEA as well as all local governments qualified as Dense Urban Land Areas (DULAs), which is a classification that is determined based on specific population and density criteria. Eight DULA counties were identified in the CRA including Miami-Dade, Broward, Palm Beach, Orange. Seminole, Lake, Hillsborough, and Pinellas. Non-rural areas within those counties were identified as TCEAs (except Miami-Dade which was entirely identified as a TCEA). Within the TCEAs, there is no longer a state-mandate requiring local governments to conduct transportation concurrency and to collect impact fees from developers; rather, the CRA allowed local governments to collect mobility fees from developers in order to implement multimodal transportation projects that are intended to reduce vehicular traffic. Although the City is currently designated as a TCEA, it is stilI subject to transportation concurrency review in order to maintain the adopted LOS standards -unless a proposed development is exempt per the requirements of the County's TCEA. If the City wanted to expand upon its ability to exempt development proposals from transportation concurrency, it would need to update its comprehensive plan to include various elements required for the establishment of a TCEA, as described in this section. It is noted that FDOT, the Florida Department of Economic Opportunity (DEC). and the County Planning Department should be consulted to determine what type of planning effort is appropriate for the City considering the City's intentions to ease development restrictions and hefty transportation impact fees. In short, the TCEA is intended to offset the adverse impacts of transportation concurrency by encouraging the development of multimodal transportation infrastructure through a variety of planning strategies that must be incorporated into a comprehensive plan. If a TCEA is adopted by the City, then new developments in the subject area are not subject to a transportation concurrency review as long as they are consistent with the adopted comprehensive plan. There are five specific types of areas that may be designated as a TCEA and the comprehensive plan must address different objectives and policies for each: I) urban infill area, 2) urban redevelopment, 3) downtown revitalization within the central business district, 4) urban infill and redevelopment area, and 5) an urban service area (i.e., an area intended for public facilities). In order to establish a TCEA, it must be documented in a local government's comprehensive plan and must also be compatible with the various elements of the plan. The comprehensive plan must provide support for the size and boundaries of the TCEA including a traffic study that considers existing conditions as well as future conditions after multimodal transportation strategies are implemented. It is noted that a TCEA may cross jurisdictional boundaries and that the comprehensive plan must address subsequent impacts that may occur outside the TCEA after multimodal transportation projects are carried out (as well as to the Florida Interstate Highway System). The February 2007 report by the Florida Department of Community Affairs (now the DEC) titled A Guide for the Creation and Evaluation o/Transportation Concurrency Exception Areas describes the basic TCEA elements that must be included in a comprehensive plan, as listed below. aker, ',',' 9 Concurrency Review Study City of South Miami ." dUX .. LKU •... 1 i4L2 .i1tt &ilL . dUm. .. £ ali _ £ J : 2.; 5. 21. .•.. ~. u •••••••• Jijl • 1&1 Support Mobiiity • I&J Fund Mobility • 0 Support the Purpose of the Designation (urban infill, urban redevelopment, downtown revitalization, urban infiU and redevelopment) • 0 Implement Alternative Modes of Travel • I&J Demonstrate How Mobility will be Provided • 0 Address Urban Design • I&J IdentitY Appropriate Land Uses Mixes • !&l Establish Minimum Intensity and Density Standards for Development • 181 Address Network Connectivity II 0 Mitigate. Impacts to the Strategic Intermodal System (SIS) 0= Covered in the City's Comprehensive Plan 1m = Not Covered in the City's Comprehensive Plan The 2007 report also includes a detailed evaluation of the County's TCEA and how the comprehensive plans of its various local governments address t.."'lcir role wit.'iin the TCEA. As shown in Figure S and also in the bullet list above, the City's comprehensive plan is currently missing many of the elements identified as basic TCEA requirements. Figure 6 illustrates some of the City's existing multimodal transportation infrastructure. Generally speaking, in order to be designated as a TCEA, the City would have to develop a more detailed multimodal transportation infrastructure plan that is financially-feasibible and that supports greater mobility for public transportation, pedestrians, and bicyclists in the TCEA. By implementing such a plan, the City would have a guidebook for better supporting, funding, and managing mobility projects that would reduce vehicular traffic (thus reducing impact fees and creating additional development interest). As part of this study, the City requested information on the level of effort that would be necessary to update its comprehensive plan to include the required TCEA elements. Baker. prepared the preliminary cost estimate in Table 4, including general descriptions of the associated effort, to assist the City with determining the appropriate level of effort for such a comprehensive plan update. aker -10 Concurrency Review Study City of South Miami .. I!.; 1 .. J._ -2 .. tlJ & .. Ji.:l .: c .kU ,hid!i ti u f. ...... _ . .1.. L ! Figure 5 Miami-Dade County TCEA Comprehensive Plan Comparison Goals, objcclilles, end pcIlcles Ihat support Miam~Dado's TCEAc...."...:!n1ll, ,.dOYOIo ..,~ .nd".",I~ Basic TCEA Requirements Jurisdictions In Urban Inflll Area' Mlaml-Dad. CountY 2 Aventura 2 Bel Harbour 0 Bay Harber Islands 0 BlscllYlle Par~ 0 x x x x at x x x x x x Corel Gables 2 X X X X EI Portal 0 X x x x x Other Elements x x X x x x X x x x X ~~~~!~ __ -+_X-r~~X~~;--+ __ rv:;·_X-+ __ r-X;-_X~rX-+_X-+~r-+-_X-+ __ t--r-+ __ t-; Miami 2 X XX XX X X x x X Miami Beach 0 X X X x X X x Miami Gardens 0 X X X X X X X X x X x x X X Miami lakes 0 X X X X x x x l~l~:ya'~~9~~~:;---~~~~~~---+~:~:r-;--+~~~~~+--r---+~X~-+--t--r-~~~~:~;--+--r-;--i North 3 X XXXXXXX X XXX X X North Miami B •• eh 0 X X X X X X X X X X : Ope-locka 0 X X Palmello Bay 0 X X X X Pinecrest 0 X X X SoulhMlaml 2 X X X X X X Sunnv Isles Beach 0 Surfs/dB 0 X Virginia Gordens 0 West Miami 0 X Ratl"!:! Scale o -Does not mention a TCEA or references the future designation of a TCEA. 1 -Designates a TCEA but addresses few if any of the evaluation criteria. X X x 2 -Mentions the TCEA In basic detail Satlsfaotion of the evaluation criteria is not linked to the TCEA. 3 • Provides explicit detail on the TCEA. Satisfaction of the evaluation criteria is linked to the TCEA X X (1) Coral Gables and North Miami are Included on In thiS table to prOVide additionallnformatlOn on their independent TCEAs. They are also included in the Table 5. (2) Polioies 4.1 and 4.2 of the Transportation Element state that Aventura will implement a local public transit system to operate exclusively within the local TCEA. . (3) Miami Shores Transportation Element Policy 1.12 and Miami Springs Transportation Element Policy 1.1.8 set a priority to evaluate the potential effectiveness of TCEAs andlor TCMAs but do not actually designate either one in either city. (4) RCEA = Redevelopment Concurrency Exception Area UDB " Urban Development Boundary UIA" Urban Infill Area Source: A Guide for the Creation and Evaluation of Transportation Concurrency Exception Areas, Florida Department of Community Affairs, February 2007. aker 11 Concurrency Review Study City of South Miami 'U.§;L ... .t SiaL.3d .'ljjid.&.... 3.2.. MiL .... 0.2 ... : ........ ;; "IlJ .. d ... , .J ..... "0' J_ . .2L.i.._i.t 'iWlflii Figure 6 , , Multi-Modal Transportation Options in and Around South Miami , SW 76th Sl D.ooe\and Mall • • SW 88th St Source: Michael Baker Jr., Inc., 2013. 12 SW 80ith s· N Kendall Dr Concurrency Review Study City of South Miami I!II support I\IobUiIy I!II Fund Mobility Ii2l Support the Purpose of 1M Dellgnatlon (umn Inflll, umn ",de.elopmen~ downtown rwllftallutlon. umn Inliliand nKlo .. lopmonl) Ii2llmplcmont Alternative Mod •• of Tra •• 1 ~ ~ $30,000 $15,000 $5,000 $5,000 13 Concurrency Review Study City of South Miami .I .. 1 i. . . .J . .L ... £ .. J !.. ! .i • Multimodal Transportation Districts (MMTD) _._ h, I.. . £. J.6" .. 6. J. .1; Similar to TCEAs, MMTDs are intended to reduce automobile traffic by assigning primary priority to other modes of transportation. FDOT"s Multimodal Transportation Districts and Areawide Quality of Service Handbook (Handbook) describes the requirements necessary for a municipality to establish a MMTD. Like TCEAs, comprehensive plans must be updated to include plans for implementing alternative modes of transportation (public transit, pedestrian, bicycle, etc.), but unlike TCEAs, comprehensive plan updates for MMTDs adopt LOS standards for those alternative modes of transportation. The intent of the MMTD is to reduce transportation impact fees by reducing automobile traffic. The collection of impact fees is typically used to pay for the planned improvements to the MMTD (e.g., additional bike lanes) and not necessarily for roadway improv,:,ments that would provide additional vehicular capacity. When a new development is proposed within a MMTD, it is subject to transportation concurrency review and the associated LOS standards for all modes of transportation identified in the comprehensive plan (within TCEAs, projects are exempt from transportation concurrency because multimodal strategies are already in place to reduce traffic). Unlike TCEAs, MMTDs are not limited to urban infill and redevelopment areas. The Handbook identifies the following basic criteria for a MMID: • Provision of a complementary mix of land uses including residential, educational, recreational, and cultural uses. • Provision of an interconnected network of streets designed to encourage walking and bicycling with traffic calming where desirable. • Provision of appropriate densities and intensities of land uses within walking distance of transit stops. . • Provision of daily activities within walking distance of residences; public infrastructure that is safe, comfortable, and attractive for pedestrians; adjoining buildings open to the street; and parking faciliti~s structured to avoid conflict with pedestrian, transit, automobile, and truck travel. • Provision of transit service within the designated area, or a definitive commitment to the provision of transit. This definitive commitment should be found in local planning documents and in the approved capital improvements program. For new developments, transit connectivity to the major urban area must also be included, or a definitive commitment for transit connections, again evident in both planning documents and the approved capital improvement program. Baker prepared the preliminary cost estimate in Table 5, including general descriptions of the associated' effort, to assist the City with detennining the appropriate level of effort for a MMTD planning effort (in accordance with the Handbook). Figure 7 identifies the successful indicators for establishing a successful MMTD. 14 Concurrency Review Study City of South Miami Analyze Land U •• MI. and Organization Analyze Network ConnecUvIly Dollne Modal Network Areawide Qualltyll.ev.i of S.Mc. Analyula ~ ~ 510,000 $25,000 $25,000 15 Concurrency Review Study City 'of South Miami 2. . J .d..... 1 t.:': ... k .' il :. •• :£ " , Figure 7 Multimodal Transportation District Checklist Criteria for a Multbnodal Indicators for a Successful Contra-Indicators Transportation District District for a District • Size of District too • Min. Residential Pop: 5,000 small or too farge to Appropriate Scale of • Minimum Population/Jobs support appropriate Development Ratio: 2to 1 intensities and • Provision of scheduled transit densities • No transit service • 3 or more significant land Complementary Mix of land' uses • Single Land Use Uses • Physical integration of components land Uses Promoting • Land uses that are mutually Single Land Use supporting • Multimodal Usage • Different land uses are land uses spaced located within the typically • Acceptable Separation of land acceptable range for walking too far apart for Uses (1/4 to Yo mile) typical pedestrian comfort • Minimum of 4 residential units • Less than minimum Appropriate Densities and per acre for marginal potential residential units per Intensities of land Uses • Minimum of 40 emplOyees acre and minimum per acre for marqinal !X)tential employees per acre • Core area of activities and services Isolated or Appropriate Organization of Activity centers along • • scattered land Uses corridors concentrated at key Development inten;ections promoting transit usage Regional Intermodal • Regional intermodal • No regional Connectivity conneCtions present intermodal service • Each modal network meets connectlvity index standard • Poor ConnectMty Interconnected Multimodal using polygon methodology: on modal networks Netvvork recommended minimum of 50 ~ Unconnected street polygons per square mile pattern with cul-de- • Connected street pattern, sacs and dead ends generally gridllke • Meets recommended Level of Service standards for each mode • Transit oriented development Acceptable Levels of Service pedestrian, transit, and • Poor Level of for Each Mode bicycle LOS of C Service • Non-motorized oriented development pedestrian and bicycle LOS of C and transit LOS of 0 Acceptable Areawide Quality Areawide Quality of Service Poor Level of Service of Service for each Mode meets recommended standards Source: FOOTs Multimodaf Transportation Districts and Areawide Quality of Service Handbook. 16 Concurrency Review Study City of South Miami ... ' . L, .1.. U,.£ili3 1.3. ... ' i_,j .. iL .1.&1 ,11 s. . .. , . .... ..' "'... L .• . J .... 3 ; Specialty Levels of Service (LOS) Analysis As the City continues to consider options to annex surrounding unincorporated areas and also to increase mobility within the current City boundary. it was important to review LOS characteristics for emergency services (police, fire, and EMS) as well as for multimodal transportation features (pedestrian, bicycle, and public transportation). No recommended LOS standards are provided in this section -only qualitative infonnation is provided such that the City can gain a preliminary understanding as future options are weighed. Emergeur;y Services LOSAnq(ysis Figure 8 illustrates the existing presence of police, fire, and hospital facilities in the City. This section reviews LOS for emergency services within the City. As annexation continues to be considered, the City, County, and other emergency services entities may use this infonnation to help understand what additional staffing, equipment, and facilities may be needed to allow for adequate response times for existing,and new City residents and businesses. Police -Within the City, police services are provided by the South Miami Police Department (SMPD). The City's Annexation Propo8ul2012 document indicates that the SMPD currently has an approximate ratio of five officers for every 1,100 citizens. The document also indicates that average response times by the SMPD are less than two minutes for emergencies and less than five minutes for routine cans, whereas the Miami·Dade Police Department (MDPD) has response times of approximately eight minutes for emergencies and 25 minutes .for routine calls in the nearby unincorporated areas. According to the County's Public Safety Progress Report,3 the County as a whole reported an average response time of 8.2 minutes for the MDPD, although the MDPD's Business Plan for Fiscal Years 2012 and 2013 identifies reduced response time as a key objective. Considering the proposed annexation at the time, the SMPD police chief felt that the response times could be maintained with a reductiori in the ratio to four officers for every 1,100 citizens and indicated that the proposed annexation area is not substantially large in size and that the distance travelled would not drastically increase. Although there are many guidebooks available for detennining police staffmg demands, such as the U.S. Department of Justice's Guidelines for Starting and Operating a New Police Department, the actual procedures are typically based numerous factors including geographical area of patrol, population served, average number of incidents, community goals, budgets, etc. Therefore, the City should continue to monitor its own needs for police services and plan accordingly, similar to what was conducted for the Annexation Proposal. ' 3 http://www.miamidade.gov/results/public_safety.asp. aker 17 Concurrency Review Study City of South Miami I ......... L ..... . 2 &. . F., 2. .; 2 . . & t &. ..-1 Qi 3£ ( , ... .1.1. Figure 8 MOISDltal Facilities in South Miami SW 76th St Dade dC',,···· St:ation[!i·: ,/(.>/ ./ ... " "' ./ ... ~ " SW-88th St/J . ,._.~. ~ _~U_._. . .... .-... ~~ SW 88th St Source: Michael Baker Jr., Inc., 2013. aker 18 SW 84th s· N Kendall Dr Concurrency Review Study City of South Miami IMI5.JJ .; L . 2£ L . .Lt ...... L ...• & I £. 2 . ..e .•. M ... X: 3. ...... __ .lL. ......... . Fire and Emergency Medical Services (EMS) -Miami-Dade Fire Rescue (MOFR) provides firefighting and EMS services for the City and surrounding unincorporated areas (from Station 14 in South Miami). Other private companies also provide EMS ambulance and paramedic services within the City and there are two hospitals located in the City (South Miami Hospital and Larkin Community Hospital). The adjacent City of Coral Gables has its own fire department and the of Pinecrest also relies on MDFR. According to the County's Public Safety Multiwodqi LOSAnalysis Progress Report, the County as a whole reports an average response time of 8.05 minutes for the MDFR. The MDFR's Business Plan for Fiscal Years 2012 and 2013 identifies several measures to reduce response times including constructing new facilities, hiring additional firefighters, purchasing additional equipment, improving communications, etc. The specific MOFR response time within the City is unknown at this time; however, the previous~y-proposed annexation areas are currently served by MDFR and would continue to be served by MDFR if ultimately annexed by the City. Figure 9 illustrates the generalized annual average daily volumes for Florida's urbanized areas as obtained from the FOOT's 2013 QualitylLevel of Service Handbook. FOOT provides LOS classifications for bicycle, pedestrian, and bus modes, but the information does not constitute a standard. If the City decides to implement LOS standards for such multimodal transportation features, the FDOT's Handbook not only provides LOS standards, it also includes suggested design elements for those features. As part of the MMID planning process (and to a lesser extent the TCEA planning process), it is anticipated that a LOS classification system would be identified and that all roadways within the City would be classified using that system. Thereafter, LOS standards would be adopted and improvements would be focused on correcting shortfalls in the multimodal transportation network. For example, the City of North Miami's Transportation Master Plan utilized the regression-based LOS analysis described in the FOOT's Multimodal Transportation Districts and Areawide Quality of Service Handbook to identify shortfalls in the existing pedestrian and bicycle networks and to develop long-term mobility recommendations. aker 19 Concurrency Review Study City of South Miami i ... J ,..IL. £ .s. J.k :a .lJJi:l £ S.t . Figure 9 Annual 4uOor<:llno Volumes for Urbanized Areas ~--~------~~~~~~~~~ BICYCLE MODEl (Multiply IllOIorized vehicle \'Olumc$ showu below by IlIllubct ot dim:liopaJ roadWllY fallOll 10 del .... llinc lWo-way DWliUUlm slllYice volumes.) Paved SholllderlBicyc1e Lane Coverage 0-49"A> 50-84% 85-1000A. BCD =* 21 900 7,,600 2,100 6,700 19,700 9,300 19,700 >19_700 PEDESTRIAN MODEl ... (Multiply motorized ~"Cbicle volu ..... !ibowo below by IlIIU1bcr of dit-.ctioll81 roadWlly fallCS 10 derenllineCWO-way maXimumslllYicc volumes.) Sidewalk Coverage B C D 0-49% • * 2,800 50-84% • 1,600 8,700 85-100% 3.800 10,700 17,400 BUS MODE (Sc:hedul~ Fixed Route)J \Dii.i~j iii p;ak ttUW iii pcilil clin:t;iionj SidewaJk CO"'erage D C D E 0-84% >5 ~4 2:3 85·1000A. >4 ~3 ~2 Source: FOOT's 2013 Quality/Level of Service Handbook. 20 Concurrency Review Study City of South Miami .... CIS j 1 .3.£.£:':,3 Summary and Recommendations g; ,_.. .l.t. .. . ,hi I. _ Q<i'.. . .•.. 1 i" Th~ foHowing list includes key items that were identified within this concurrency review study: • Concurrency reviews are conducted to make sure that adequate public facilities continue to be provided as new developme,nts occur. The City's concurrency reviews evaluate the impacts to streets, sewage, water, drainage, solid waste, and recreation. • The City is largely built-out and there are limited opportunities for wholesale roadway corridor projects that would improve traffic flows. Consequently, the City has adopted roadway LOS standards that are generally considered inadequate for streets. Furthellllore, the City does not currently collect transportation impact fees that would typically be detennined through the concurrency review process. • Because no major capacity-enhancing roadway projects were identified, the City should focus on enhancing and encouraging alternative modes of transportation (bicycle, pedestrian, and mass transit), thereby reducing emphasis on automobile utilization. • Although the City is currently located within a TCEA, it does not have the traditional elements of a TCEA that would allow most development proposals to be exempt from transportation concurrency (e.g., the City does not currently have a well-defined and financially feasible multimodal infrastructure plan). The TCEA concept is an older concept and many municipalities are now in favor of establishing a MMTD. • A MMTD is similar to a TCEA, Qut the MMTD establishes LOS standards for multimodal facilities and allows municipalities to collect mobility fees to pay for multimodal infrastructure (in lieu of conducting transportation concurrency reviews and collecting impact fees). , • Additional specialty LOS data was presented for emergency services within the City and a~so for multimodal facilities .. Based on the infollllation presented herein and through discussions with the City, Baker has detellllined that the existing LOS standards are generally considered inadequate for streets. Because there are limited opportunities for wholesale roadway corridor projects that would improve traffic flows within the City, other options should be pursued that place less emphasis on vehicle utilization. By establishing a MMTD and having a long-term plan for the development of multimodal infrastructure, the City may be able to collect mobility fees to pay for that infrastructure. If successful, that process would eliminate the need for transportation concurrency in all or sylect areas within the City, as well as the collection of potential transportation impact fees. It is noted that the .City is currently conducting an Intermodal Transportation Plan that will evaluate many of the elements of a MMTD study. It may be possible to incorporate the elements of the Intellllodal Transportation Plan into a MMTD study to reduce the costs shown previously in Table 5. 21 Concurrency Review Study r.:t!~.:!.~.!!~~~~!U}l.J!l~a:;::ld::;.c:::om.:::.... ______ _ VILLAGE OF PINECREST Public Notice On Tuesday, July 8, 201.4, at 8:00 p.m., the Village Council will condlJClthe following Public l:iep!!n.s 10 be held 01 the Pinecrest Municipal Center, Council Chamber, 1 ~6.45.'~j1~ciest.Po(kwoy, Pinecrest, Florida: Hearing #20 14.o~08~(·· Chrisl the King lUlheran Church, the applicant, is requesting epprovel 01 a condilionol u.e permit and amended site development plan For the establishment of. a 14.400 .quore fool daycOTe and pnHehao!/kindergarten for 216 shldonls withi~:;.O;n e~isllng bUilding In the PS District with proposed slle improvemenis 10 inclUde' ~cldi6c;&,1'1<l_~~apina, fencing and impravement 01 16 porking spaces for the ObJoclioN or .. p ...... '" '" oppnoval "'or be modo In per_ 01Il10 _ . _ • .... hearing. ~ po!lie, raque""'s 1n",""",lon "'" asked 10 c:onIlId ,ho Building .oJ PIonnirig·D.po.~"'" by calling 305.234.2121, vi •.... oil .1 p!.mnlnstipinacr.sIi.gov or wrJijng 10 Ibo :cIo~nI or -,1,2645 Pin"' .... ' Parkway, Pinoem!. floriclo 33156. R.fur 10 !he Hooring Nomber when makJn9 ~. ir.quiry. In ~D. wl'" dI. Am"deco. wl,h Dlsabil~'" Ad of 1990. all p.11OM who ore dl.abI.d ond who need speoiol accominodotion,lo pafIC'tpoIo 'In II"~ mooIIr>Q beccu .. oIlhat cfi>cblli>.l ihovld =-1iI. ytllo;. CIorlo at IlOS) 234.2121 not 1000r liIan fou, lord .... cIey. prior 10 wch proceeding. Should any p";"" cIociclo .. appoolany cIocis ... af I'" Iroltase Counal wlth ""pod 10 CJ!1)' ...... r cansIcIonad 01 Iud. m •• 'lng oi hoaring, !hot por ... win om •• ecord 01 tho p",_dlng. and. lor sucIt pIItpO ••• may oeed 10 ...... !hot ... rbaffm rit<orrl of th. p-.ding. i> modo, which """"d incIvdos tho IosJimany ond twiclonc:e "J'OIl which ,he app~i>1 is 10 be ba...! IF.S. 286.01 OS). Guida H.inguanzo, Jr., CMC Villas_Clerk www.pinecrea-fl.gov Priced to sell at $864,600 1211 Mariana Ave, Coral Gablei, FII. 33134 SE SUNDAY, JUNE 8, 2014 1_29~e.. (t.; .. . ~.\ . . ~. .:: . ..... ", " CITY OF SOUTH MIAMI COURTESY NOTICE NonCE IS HEREBV given Ihnllllt CIIy Commlalon 01 \lie CHy of SouIII Miami, ADriaa wi. tonduct Public llearin~) al its regular CIIy Commission metllng SCheduled lor Msd.. Jun. 17. 2D14 beginning at 7:00 p.m, In lilt Clty Commli .. lon Chamber.;, 6130 SUnset Drive, to consider \lie following itlm(s): A Resolution autI1UIi2inQ tin CIIy Manager 10 IIIIIir illIG a five (51 yaareontmctagreementwlth W Par1<Ing. 1m:. tor alllllllOllnt notlD el:ceed $1 ,120,419101' 'five (5) yeat period. A Resolution lor Special ~~e App~vaJ \0 permil a general reslallrantat 5701 Sunset Olive. ShoPl at Sunset Place Unit C11D, within the Sptc1alty RetaR "SR", Hometown UIS1rit:I Ovenay "HD-OY". A ResolutIon amend'mg a SpedaillHApprovaJlD permit. pubic c;arwlI$h at 5795 South DIzIe Higllway, willlln tile TODD Ugh! IncIustial "TODI).U4-zoning usa cisfricI. AHesoIuIlonlutmlrlz/ngth1l CllyManagerlDen!erlnlll I fi'I1I (S) jlIafconltilclwiltt8ider.llLC RealEstat. 1m! AuctiOll Sarvicealor 1I;et liquidating ICIVbIs. ( An anr_ ammIlng StlCtion 7·3 of lite Coda or Ollllnancea 1nt!uiIi~ the _lishmenl of a parks) amI..-tfon fadli\ies imllICI fee catugo;y,lI1II aeating Saclion 7-3.2 ostabll$hing IIgIIlaIlons lor the collettfon OIimpGl f_ . ALl irI1JmmII parties 111 hNiled 10 attend lind will be haanI. Rir IfurIher lI1!onnalioD, piela conIacIlhe Cill'CIetk'a 0Ific0 at 3OS-ss:H340. Maria 14. Menendez, CMC CIty C/uk _ .. _Sta_2BIJIIII5,'lIoCllj"""' ...... IIII ... lhatffap .... _IIJIPllIII.., __ DlIIU_ '-,,_rd!IS ..... t:cI .. .., __ a\IIsIl1Ulln; .. -.,.lIo .. "" ... _._.,Iht~ wll\il .. , __ ,_..."""...,_"_IIoI' __ "''''P_~b_wlll:h __ 1lIo 1u1Itn>nr1Rl..-."",,_tIo_IIIDh_ Spectacular, move·in-ready, Spanish-Alhambra style Corol Gables home. Built in 2002 with all the modern amenitie,s including impact windows yet w'llh details, feel and charm of a 1926 home.lt:x:ated in the North Gables section of Coral Gables where you are centrally located to the best schools, shopping and dining while remaining in an enclave of elegance and greenery. (. [1(BA. ')"'I~~ Cali:do A. Navarro CABA Real Estate calix.torealestate@gmail.com • 2,515s.f • 3 Bedroom, 3 Bath • Formal dining room • Family room • Cozy court yard with founloin • Romeo and Juliet balconies • Marble master bath with steam shower cell: 786·210-8713 You"ve Got A Friend in the Real Estate Business MIAMI DAilY BUSINESS REVIEW Pubnshed Dally excePt Saturday, Sunday and Legal HoIlilays Miami, M"oamI·Dade County, Rorida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. ZALDIVAR. who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Dally Business Review f/kJa Miami Review. a daIly (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami In Miami-Dade County. Florida; that the attached copy of advertisement. being a Legal Advertisement of Notice In the maHer of CITY OF SOUTH MIAMI . NOTICE OF PUBLIC HEARING FOR JUNE 17.2014 in the ><xxX Court. was published In said newspaper In the Issues of . 06106/2014 Affiant further says that the saId Miami Dally Business Review Is a newspaper pubnshed at Miami In said MIami-Dade County. Florida and that the saId newspaper has heretofore been continuously published In said Miami-Dade County. Florida, each day (except Saturday. Sunday and LegaI Holidays) and i1as been entered as second class mailll'laHer at the post office In Miami In said Miami-Dade County. Aorlda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate. commisSion or refund for the purpose of securing this advertisement for bllcation In the said newspaper. (SEAL) M. ZALDIVAR personally known to me ~"'4 !Ir, B. THOMAS ~~ ~~ Notary Public· Slate 01 Rorlda .1 My Comm. Expires Nov 2.2017 ~~" W Commission II FF 034747 '''f.Iff.:,\,'''' !loRded Through Hallooal Nolary Assn. Photos, Movie Filimg and Farmer's Market Municipality Price Comparisons City of Coral Gables Commercia! Permits Still Photography $ 66 per day/per location Video/Movie $ 303 per day/per location Still Photography at City Facilities $ 424 per day/per location Video/Movie at City Facilities $ 1.1 02 per day/per location Residential Permits Still Photography $ 193 per 3 days Video/Movie Photography $ 193 per 3 days Major Motion Picture $ 331 per 14 days Country Club Prado -Park Still Photography $ 88 per day/per location Video/Movie $ 303 per day/per location Vanetian Pool Still Photography $ 485 per day/per location Video/Movie $ 303 per day/per location Farmer's Market $30 per booth per Saturday Oa~uary -March) $250 per booth for II weeks from January -March Village of Pinecrest Personal Photograhy at Pinecrest Gardens $ 100 per day Commercial Stills at Pinecrest Gardens $ 1.000 per day Commercial Film at the Pinecrest Gardens $ 1.500 per day No Charges for the use of private homes, fees generated through Miami Dade County, not the Village of Pinecrest Farmer's Market $1000 per week in the month on November $1,400 per week in the months of December through April $ 500 per week in the months of May through October Village of Palmetto Bay Video Commercial/Film/Movies only in the parks $ 428 per day Commercial Photography/ Photo Shoot only in the parks $ 214 per day Personal PhotographylPhoto Shoot $ 80.25 per day No charges for the use of private homes, fees generated through Miami Dade County, not the Village of Palmetto Bay. Farmer's Market None Town of Cutler Bay Video Commercial/Film/Movies all are taken care of through Miami Dade County Film Dept. (Cost taken care of through Miami Dade County Film Dept.) If a Special Event Permit is needed for the above mentioned the fee the charge would be $106.88 (Police services are charged seperately) Farmer's Market None ORDINANCE NO. 04-11-2077 An Ordinance of the Mayor and the City Commission of the City of South 'Miami, Florida relating to the fee schedule; amending ordinance 21-09-2013 as amended by ordinances to increase some fees, adding new fees, and deleting some fees from the schedule, providing for severability, ordinances in conflict, and an effective date. WHEREAS, the City reviewed fees schedules for Miami~Dade County and several municipalities; and, WHEREAS, the City found that fees for the County and other municipalities are higher than those fees included in the South Miami Fee Schedule; and, WHEREAS, the cost of services for Planning; Building; Parking; Parks & Recreation; Public Works; Central Services; and other related fees increased considerably in the past year with new services being requested; and, WHEREAS, the Mayor and City Commission desire to adopt a new Fee Schedule allowing funding which will cover the cost of services provided; and, WHEREAS, any such fees may be waived or reduced by the majority vote of the Mayor and City Commission by way of resolution. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ordinance 21~09-2013 shall be amended by this Ordinance by replacing the Permit Fee IFee Schedule with the amended Permit Feel Fee Schedule as attached. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. Any such fees may be waived or reduced by the Mayor and City Commission by way of resolution. Section 4. This ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of January ;:2011. Schedule to Fees Revised FY 11 Page lof2 Additions shown by underlining and deletions shown by e~ Ord. No. 04-11-2077 ATTEST: 15t Reading 1 2/ 1 3/ 1 0 2nd Reading 1 /4/ 11 APPROVED: COMMISSION VOTE: 4-0 READ AND APPROVED AS TO FORM AND SUFFICIENCY: ~~ CITY ATTO Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: W;\My Documents\resolutions\Ordinance Schedule offees update.doc Schedule to Fees Revised FY 11 Page 2 of2 Additions shown by underlining and deletions shown by evefStrikillg. Yea absent Yea Yea Yea To: Via: South Miaini CITY OF SOUTH MIAMI OFFICE OF THE CIIT MANAGER INTER-OFFICE MEMORANDUM The Honorable ~ayor & Members of the City Commission '\ 2001, From: Hector Mirabile, PhD, City Manager (1 . Q .?f ~ Alfredo Rivero!. CPA, Cr. FA, Chief financial Officer f'{? December 7,2010 Agenda Item NO.:-L!I Date: Subject: Background: Backup Documentation: An Ordinance of the Mayor and the City COlmnission of the City of South Miami, Florida relating to the fee schedule; amending ordinance 21-09-2013 as' amended by ordinances to increase some fees, adding new fees, and deleting some fees from the schedule, providing for severability, ordinances in conflict, and an effective date. The City reviewed fees schedules for Miami-Dade County and several municipalities. The City found that fees for the County and other municipalities are higher than those fees included in the Sou.th Miami Fee'Schedule. The cost of services for Planning; Building; Parking; Parks & Recreation; Public Works; Central Services; and other related fees increased considerably in the past year with. new services being requested. The Mayor and City Commission desire to adopt a new Fee Schedule allowing funding which will cover the cost of services provided. Any such fees may be waived or reduced by the majority vote of the Mayor and City Commission by way of resolution. • Schedule of fees. Miami-Dade County Information Technology Department' Inter/ocal Service and Maintenance Agreement MIAMI .• ~E S~IUni1 and material basis as mutually approved by the parties. The County will develop a scope of work and project plan that meets business needs in the most cost effective manner. $125.00 N/A -22 - '~~teqoired pertheagr~em~ntexecutecjJuIY27; ~Qll ,please!ind below our annual monthly ,r(:d~.$uxvey and ,the '(Jsso(':igted recommendations for el.m-ent monthly' rates of on-street .•. p,etl'l1its in tbe City ot$otith ~iami. ,.' " ". . ", ~ .' '. , f~i~'()UrreCOmmendaH~nthafIhecu,rrentrate ,bf$q5.00'inciUding tax per Month is adequately and s~g~~stively reasonablyprige<:('vvhenconsidering the demographics and use of the indicated areas. ,.Tl1ecurrentfee strudureIsbClS€ld on the fair market value rate, and lower to local and neighboring 'municipalities with a base calcujationJor monthly rates. " . " " " . , vVhilealigning with the City's objectives, in creating an environment that is conducive to a vibrant ,'~owntown inconjundon vvith,qpleasant parking experience, we concur that the currently established fee structure for the use of monthly permits in the City of South Miami is indeed compatible to the market rate value. It is our intention to encourage the continued success through our efforts of carefully evaluating our proposed pricing considerations, which further appropriately encourages and supports local attractions, activities, shops and restaurants in achieving their objectives. Carlos Marenco August 14, 2014 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 9/16/2014 in the XXXX Court, was published in said newspaper in the issues of 09/05/2014 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor J:lro . person, firm or corporation any disco a , ommission or re nd for the purpose curing this elve ment for public tion in the said newspaper. (SEAL) MARIA MESA personally known to me • " • A.. , ... (-t.~' ~ """'" 6. THOMf\S t Florida ,,'.t~. pO!!'" ~'otafy public -State 0 "om"'\. ., 2 2017 ~ j'" ... ~ My Comm. Expires Nov, ~ \~ .,r§ Commission # FF 03474~ sn • "~'l' 0. f~~'~ fIonded lhrough National Notary s . IIIff.U'" SE 31SE POLICE REPORT • SOUTH MIAMI A vandal painted red graf- fiti on the sign at the Rosie Lee Wesley Health Center at 6601 SW 62nd Ave. be- tween 7 p.m. July 18 and 7:45 a.m. July 21 Damage was es- timated at $220. A thief shattered the front passenger window of a black 2010 Audi TT and stole a backpack, an Apple Mac Book Pro, and a Duo- fold pen, all valued at $2,365, in a parking lot in the 6200 block of South Dixie Highway between 5:15 and 6:30 p.m. July 22. • PINECREST A woman reported dam- age to her 2012 Hyundai when she arrived at the po- lice department at 2:15 p.m. July 28. The woman, who lives in the 11800 block of Southwest 69th Avenue, said the vehicle had been parked in an unfenced driveway since July 26 and had not been moved again until she discovered the damage, which is valued at $2,300. Police were called to the Bank of America at 9101 S. Dixie Hwy. about 4:15 p.rn. July 28 in reference to verbal threats. The victim reported that a customer had verbally threatened her. The victim told police that when the of- fender arrived at the bank and inquired why his ac- counts had been closed, he became loud and offensive . When the offender was asked to leave, he was re- ported to have said, "Don't worry, I will take care of you." The offender was not on the scene when police ar- rived and contact was not CITY OF SOUTH MIAMI COURTESYNOTICE made with him. A mail carrier called police about 12:30 p.rn. Aug. 14 after he noticed a broken window at a residence in the 8200 block of Southwest 133rd Street. Police determined that a thief broke into the house and took an unknown number of items. • KENDALL A thief smashed the left rear window of a white 2012 Cadillac Escalade EXT and stole all four rims and tires while the vehicle was in the driveway of a residence in the 12000 block of South- west 100th Avenue be- tween 9 p.m. Aug. 4 and 8:45 a.rn. Aug. 5. Damage and loss were estimated at $3,000. • PALMETTO BAY A woman called police in reference to a personal iden- NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public IIearing(s) at its regular City Commission meeting scheduled for Tuesday. September 16. 2014 beginning at 7:00 p.m., in the City Commission. Chambers, 6130 Sunset Drive, to consider the following item(:-;): An Ordinance granting to Florida Power & Light Company, its successors and assigns, an electric franchise, imposing provisions and conditions relating thereto, providing f{lf monthly payments to the City of South l\1iami, and providing for an effective date. An Ordinance amending Section 20-7.12 of the City of South Miami Land Development Code concerning-parking requirements for restaurants within the Hometown District Overlay (HD-OV) Zone. An Ordinance of the City of South Miami, Florida, amending Section 2-7, Administrative department; functions and duties; creating a cost recovery administrative program; providing for repeal of ordinances in conflict; and providing an effective date. ( / An Ordinance rdating to the fcc schedule; amending ordinance 04-11-2077 to change the title to)· "Schedule of Fees and Fines" and to increase some fees, adding new tees, and deleting some fees from the schedule. ALL interested parties arc invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. l\.1aria 1\1. Menendez, C1tIC City Clerk decides tl) appeal Hny decision made by this hc M she will need <l record of the pcroon lllay llced to ensure that <1 ycro;uim UP,)!] which the appe;ll i~ to he hased. of the proceedings is made: which .................... _ ............. _ ..... _ ..... tification fraud. The wo-between noon Aug. 7 and man, who lives in the 8900 9:30 a.rn. Aug. 9. A thief broke into a silver block of Southwest lS0th 2007 Toyota RAV 4 and stole Street, said that someone A 20-year-old woman was $5 in change while the vehi- used her personal identifi-arrested and charged with cle was parked in the drive- cation information to try to grand theft after she tried to way of a residence in the change her home and email steal $3,088 worth of mer-18500 block of South- addresses on record at her chandise from the Nord-west 87th Court between bank on Aug. 18. strom Department store at 4 p.rn. July 24 and 9:30 am. 4310 Ponce de Leon Blvd. July 25. Police were called in refer-between 2:30 and 3 p.m. ence to a bank fraud after a Aug. 6. A thief broke into a black man, who lives in the 7200 2007 Dodge Ram 3500 block of Southwest 174th A 51-year-old woman be-parked along the roadside Street, fraudulently cashed came a victim of a strong near Southwest 103rd a forged check to his bank arm robbery in the 500 Avenue and Caribbean account on Aug. n. block of Biltmore Way be-Boulevard, and stole sever- • CORAL GABLES tween 3 and 3:15 p.rn. Aug. 6. al tools and a wallet, all val- ued at $9,100, between 12:45 One or more thieves broke • CUTLER BAY and 1 am. July 19. into and ransacked a resi-A thief broke into a gray dence in the 2000 block of 2013 Toyota Tundra and This list is a sampling of Red Road between noon stole tools valued at $2,000 crimes reported in Miami-and 6:45 p.m. Aug. 7. from the driveway of a resi-Dade County cities. The dence in the 10500 block information is taken from A thief broke into and ran-of Southwest 200th Ter-official police reports, which sacked a residence in the race between 6 p.m. July 30 may not contain statements 100 block of Oak Avenue and 10 a.m. July 31 from all parties involved. NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 666-4591 On Thursday September 18, 2014 at 7:00 P.M., [he City of South Miami's Planning Board will conduct public hearings in the City Commission Chambers at the above address on the following items: 1. PB-14-008 Applicant: Ponce Davis, LLC. A Resolution of the City of South Miami relating to a request to allow for the creation of parcels A and B on property specifically located at 5980 SW 80th Street; South Miami, Florida widlin an RS-3; Low Density Single-Family Residential Zoning District, pursuant to provisions pertaining to ·'Waiver of Plat" set forth in Section 20-4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of the Miami- Dade County Code; for the purpose of constructing two new single family homes; and providing for a legal description. 2. PB-14-009 Applicant: City of South Miami Discussion of the compatibility between new single family home sizes, and existing homes within the single family zoning districts, and possible recommendations for changes to the City's land development code. All interested parties arc urged to attend. Ohjections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board resen'es the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interc~tcd parties reque~ting information arc a:;kcd to contact the Planning and Zoning Department by cilling 305-663-6326 or writing to the address indicated abo,·e. You arc hereby advised that if allY person desire~ to appeal any de<:ision made with respect to any matte! considered :\t thi~ meeting or he'lring, such person will need a rewrd of the proceedings, and for ouch purpose may need to emure that a verbatim record of the pmceeding., is made, whidl. rcwrd includes the testimony :U1d evidence upon which the appeal is to be based (F.S. 236.0105). Refer to hearing: number when making any inquiry.