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Res No 032-96-978532-96-9785 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING INFRASTRUCTURE TRUST FUND AND ESTABLISHING ♦ PARKING FEE POLICY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 19, 1993, the City Commission of the City of South Miami adopted Ordinance No. 19-93-1545, titled as the "Hometown District Overlay Ordinance (HD)," which established a Parking Infrastructure Trust Fund; and, WHEREAS, certain fees are required to be paid to the Parking Infrastructure Trust Fund under the provisions of the HD; and, WHEREAS, on December 19, 1995, the City Commission of the City of South Miami adopted Resolution No. 204-95-9753, which designated the City Manager as the interim representative of the Parking Committee with all the duties and responsibilities of the Parking Committee, until such time as the Parking Committee was established and appointed by the City Commission; and, WHEREAS, the City Manager developed a parking fee policy for the implementation of the provisions set forth in the HD; and, WHEREAS, the City Commission desires to adopt this parking fee policy developed by the City Manager. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The parking fee policy developed by City Manager, attached hereto and entitled "Exhibit A", is adopted. Section 2. This resolution shall take eff t immediately upon approval. READ AND APPROVED AS TO FORM: CITY ATTORNEY YEA NPO If 4C)"R YC)(JNG YEA NNY C� WE [&'.--\.,f\Pk, com Res CONDIPER y EIA NAY CD`dH1SSi0NER CILMINNNGIMM YrA NAY r To Mayor and City Commission Mayor From: Eddie Cox City Manager REOUEST: CITY OF SOUTH MIANII INTER - OFFICE MEMORANDUM Date: Re: January N. 1996 r ' Agenda Item # ` Comm. Mtg. 02/06/96 Parking Permit Fees t � A RESOLUTION OF THE MAYOR AND CITY C OHMS S ION OF THE CITY OF SOUTH MIANB, FLORIDA, RELATING TO THE PARKING INFRASTRUCTURE TRUST FUND AND ESTABLISHING A PARKING FEE POLICY, AND, PROVIDING FOR AN EFFECTIVE DATE lob YeAll I • 1�1 The City has been approached by applicants who desire to develop and redevelop properties in the Hometown District. Per the regulations of the Hometown District Overlay Ordinance, applicants are required to pay fees into a Parking Infrastructure Trust Fund. The proposed resolution adopts the parking fee policy developed by the City Manager.) in order to implement the provisions of the Hometown District. This parking fee policy establishes a provided and allows an option of a $ I RECONIN4ENDTAION: Approval. one -time payment of $10,000 per space 000 annual fee for changes of use in existi required but not ng buildings. 5 6 �d "EXHIBIT A" PARKING FEE POLICY including revisions adopted by the City Commission on 02106196 I . Primary Assumption Existing buildings and current uses already located in the Hometown District are assumed to provide the required number of parking spaces, regardless of the number of actual spaces. Parking Fee The parking fee is $10,000 per space required and not provided. Annual Premium The annual premium in lieu of full payment is $11 000 per space required and not provided. New Construction under Section 20 -7.6 (C)(2) For each parking space required but not provided, the parking fee shall be satisfied by a one -time payment in full prior to the issuance of the first building permit. New construction includes additions and alterations which increase gross floor area or F.A.R. of existing buildings or uses. New Construction under Section 20 -7.6 (C)(2) - minimum for provided spaces Substitution of an impact fee shall not result in the construction of a new development or th expansion, alteration, rehabilitation or change of use to an existing development, including th use of both buildings and land, where no parking spaces are provided for residential uses. Residential uses, not including hotel or motel uses, must provide a minimum of 1 parking spac per dwelling unit, excluding "contributive buildings ". Parking may be satisfied by metere spaces under the provisions of Section 20 4.6 (B)(1) and/or by spaces provided on -site. Change of Use under Section 20 4.6 (C)(4) -full payment of parking fee option Owners of buildings or land where proposed changes of use vuill generate a greater demand for required parking may provide the additional required parking spaces by the one -time payment in full of the parking fee for spaces required but not provided at the time of the issuance of the Certificate of Use and Occupancy in lieu of providing actual parking spaces. Change of Use under Section 20 -7.6 (C)(4) - annual payment of parking fee option Tenants of buildings or land who propose changes of use which will generate a greater demand for required parking may provide the additional required parking spaces by payment of a yearly premium instead of full payment of the parking fee for spaces required but not provided. Initial payments shall be made at the time of the issuance of the Certificate of Use and Occupancy and must include the written consent of the property owners. Annual premiums shall be paid at the businesses time of the renewal of occupational licenses for the use. For tenants buildings or , , lands which are exempt from payment of occupational licenses, the annual premium shall be administered in the manner prescribed for occupational licenses. I 0d L Change of Use under Section 20 -7.6 (C)(4) - calculation for single occupant change of use The number of newly required parking spaces shall be the difference obtained from subtracting (a) the number of required parking spaces under current requirements for the gross floor area of the existing uses to be replaced from (b) the number of required parking spaces under current requirements for the gross floor area of the new use. These calculations apply to single occupant changes of use only; and, these calculations may not be used in conjunction with Section 20-4.4, specifically off -site parking, joint use spaces, MetroRail usage considerations, and valet parking. Fee Collection- single occupant change of use The first annual premium shall be paid prior to issuance of the Certificate of Use & Occupancy [CU]; and, the second and all subsequent premiums shall be paid at the time of occupational license renewal. The fist annual premium may be pro -rated based on the following formula, where X represents the numerical designation of the month in the Fiscal Year that the CU was originally issued (e.g., Oct. = 1, Nov. = 2, Dec. = 3): 1' Premium = $1,000 - [ $83 X] . Fee Collection - late payments Monthly interest shall accrue on unpaid funds due to the City in the form of parking fees and /or annual premiums at the maximum rate permitted by law, or at 1.5% per month [18% annually] . Additionally, a fee of 2% of the total due shall be imposed monthly to cover the City's costs in administering collection procedures. The parking fee and annual premium shall not be subject to the 25% late fee established for occupational licenses; and, parking fees and annual premiums shall not be subject to the $250 fine related to delinquency in excess of 150 days established for occupational licenses. Fee Collection - failure to pay Failure to pay the annual premium within thirty days of the date on which it is be due constitutes grounds for revocation of occupational licenses issued in conjunction with annual premiums. In addition, failure to pay shall be regarded as withdrawal from the parking fee program. Owners and/or tenants shall be required to provide all parking spaces required by current regulations or cease the use for which the spaces were required. Failure to comply shall subject the participants to enforcement procedures by the City and may result in fines of up to $250 per day and liens as provided by law and revocation of the Certificate of Occupancy, the Certificate of Completion, d/ h C ' f t f U d 0 hi Never is a ro riate an or t o erti ica e o se an ccupancy w e pp p . Fee Collection - one -time redemption payment Tenants of buildings or land who propose changes of use which will generate a greater demand for required parking may at any time pay the full one -time payment for parking required but nor provided as determined by the calculation for single occupant change of use. One -time payment shall be at current rates and may not include any discount for premium payments already made. Revocation - due to misrepresentation or misconduct The City Manager may revoke approval of annual premium payments and occupational licenses issued in conjunction thereto, upon a determination that any misrepresentation has been made or any misconduct is occurring as a result of payment of annual premiums. Joint Ventures = use of funds collected The required number of parking spaces under the parking fee program may be provided in a facility developed through a joint venture agreement with the City and a private or public entity. Parking spaces for specific uses shall not be reserved in the parking facility but provided to the public on a first -come, first- served basis, and may include metered parking and valet parking.