Loading...
Ord No 39-19-2352ORDINANCE NO. 3 9 -19 - 2 3 5 2 An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks 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 of that development; and WHEREAS, the City Commission adopted Ordinance No. 14-14-2192 on June 17, 2014 which established Section 7-3.2 Parks Impact Fees and provided for the collection of such fees as a condition of the issuance of building permits for new development; and WHEREAS, the City Commission, through Resolution No. 207-18-15240 approved November 6, 2018, requested the preparation of an updated impact fee report, based upon the most recent and localized data in support of the impact fee Ordinance; and WHEREAS, the report, prepared by TischlerBise, Fiscal, Economic and Planning Consultants, dated March 2019 and September 2019 recommends increasing the fees to ensure that new growth pays its proportionate share of capital facilities; and WHEREAS, the City Commission wishes to amend Section 7-3.2 Parks impact fees of the City Code of Ordinances at a rate lower than that recommended in the TischlerBise report. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. The City's Code, Section 7-3.2 Parks impact fees is hereby amended to read as follows: Sec. 7-3.2. - Parks impact fees. (B)-. Definitions. For the purpose of this section, 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: Impact fee study means 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 TischlerBise, dated April 1, 2014, March and September 2019, which establishes the basis for the fair share of capital facilities costs attributable to New Residential Development based upon Page 1 of 3 Ordinance No. 39-19-2352 standard and appropriate methodologies. A copy shall be on file with the City Clerk. JCS Imposition of fees. The Parks and Recreation Development Impact Fee shall be assessed, charged, or imposed, on all New Residential Development occurring within the municipal boundaries of the City of South Miami. These fees must be assessed, charged, or imposed at a rate of $2.42 per square foot of gross floor area, and in accordance with the fee schedule provided helew and as may be amended from time to time by the City's Ffee and Hine Sschedule ordinance based upon the most recent and localized data. Unit Tpe Number-ofper- Bedroems Housing Unit f4 epesed Fee Multifamily All Sizes 444 $1,366.08 Single U 0-3 2- 4 $21,590.00 4* 34-5 Avg 2:88 $21,865.00 Section 3. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated in the final product for signature. Section 4. A copy of 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 TischlerBise, dated March and September 2019, is attached to and incorporated by reference into this Ordinance. Section 5: Codification. The provisions of this ordinance shall become and 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 -lettered to accomplish such intention; and that the word Page 2 of 3 Ox-dinance No. 39-19-2352 "ordinance" may be changed to "section" or other appropriate word. However, the TischlerBise, dated report dated March and September 2019 shall not be included in the codification 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. Section 7. 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 8. Effective Date. The portion of this ordinance that results in new or increased impact fees shall become effective 90 days after its enactment and all other provisions of this ordinance shall become effective immediately upon enactment. PASSED AND ENACTED this 3rci day of December 2019. ATTEST: CITY dERK I" Reading 11 9/2019 2"d Reading 12 / 3 / 2 01 9 READ AND AEP.ROVED AS TO FORM, APPROVED: (Avl" MAYOR COMMISSION VOTE �-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Page 3 of 3 Agenda Rem No:8. City Commission Agenda Item Report Meeting Date: December 3, 2019 Submitted by: Nkenga Payne Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees. 3/5 (City Manager -Planning Dept.) Suggested Action: Attachments: Memo Park Impact Fee Ordinance Update.docx Ord sec._7.3.2 Park_Impact_Fees_Flat_Rate_ProposalCArev (1).docx South Miami Impact Fee Stu dy_2019.9.23.pdf MDBR Ad - 2019.12.03 meeting.pdf Miami Herald Ad - 2019.12.03 meeting.pdf 1 South Miami THE CI'Y OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, Planning and Zoning Director Date: November 19, 2019 SUBJECT: An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees. BACKGROUND: Since 2014, Section 7-3.2 of the City Code of Ordinances has required the collection of park impact fees for new residential construction. In 2018, the Commission directed staff to have the fees recalculated using updated costs and including the cost of land acquisition. The resulting study and a revised fee table were presented to the Commission on September 3rd and 17th, and October 1st; the attached ordinance is the result of those discussions. More specifically, the Commission requested (1) a fee schedule that was based on unit size, rather than the existing approach which separates multi -family units and single-family structures; and (2) fees that are higher than the existing, but lower than the fees recommended by study. The draft ordinance proposes a fee of $2.42 per square foot, regardless of unit type. Attachments: • Draft Ordinance • Impact Fee Study (September 2019) Irk Parks &Recreation Impact Fee Study for the City of South Miami, Florida DRAFT Submitted to: City of South Miami, FL September 2019 Prepared by: Tischler ise FISCAL I ECONOMIC I PLANNING 4701 Sangamore Road Suite S240 Bethesda, Maryland 20816 800.424.4318 www.tischierbise.com 0 Impact Fee Study South Miami, Florida Table of Contents ExecutiveSummary ............................................................................................................................. 3 Introductionto Impact Fees................................................................................................................. 4 GENERALLEGAL FRAMEWORK......................................................................................................................................... 4 FinancialAccounting............................................................................................................................................ 5 UNIQUE REQUIREMENTS OF THE FLORIDA IMPACT FEE ACT................................................................................................... 5 METHODOLOGIESAND CREDITS........................................................................................................................................ 6 ConceptualImpact Fee Calculation...................................................................................................................... 6 CalculationMethodologies.................................................................................................................................. 6 Credits.................................................................................................................................................................. 7 FeeMethodologies............................................................................................................................................... 7 ReportingResults................................................................................................................................................. 7 MAXIMUM ALLOWABLE IMPACT FEES BY TYPE OF LAND USE................................................................................................. 8 Parks and Recreation Facilities Impact Fees......................................................................................... 9 METHODOLOGY............................................................................................................................................................ 9 PARKS AND RECREATION LAND, FACILITIES, & IMPROVEMENTS AND COSTS.............................................................................. 9 ParklandAcquisition............................................................................................................................................. 9 ParklandDevelopment.......................................................................................................................................10 ParkImprovements............................................................................................................................................11 PARKS AND RECREATION CAPITAL IMPROVEMENTS NEEDED TO SERVE GROWTH...................................................................... 12 Projection of Growth -Related Infrastructure Needs...........................................................................................12 CREDIT FOR FUTURE PRINCIPAL PAYMENTS....................................................................................................................... 15 PARKS AND RECREATION INPUT VARIABLES AND IMPACT FEES.............................................................................................. 15 CASHFLOW PROJECTIONS............................................................................................................................................. 17 Implementationand Administration ...................................... ............. ............................................... 18 CREDITSAND REIMBURSEMENTS.................................................................................................................................... 18 COLLECTION AND EXPENDITURE ZONES............................................................................................................................ 18 AppendixA — Land Use Assumptions..................................................................................................19 INTRODUCTION........................................................................................................................................................... 19 RESIDENTIALDEVELOPMENT.......................................................................................................................................... 19 PersonsPer Housing Unit...................................................................................................................................19 Year -Round Population Estimates and Projections............................................................................................ 20 Demand Indicators by Size of Detached Housing............................................................................................... 20 Population and Housing Unit Projections........................................................................................................... 21 Appendix B — Florida Statute:163.31801............................................................................................ 24 TITLE XI 163.31801- IMPACT FEES; SHORT TITLE; INTENT; DEFINITIONS; ORDINANCES LEVYING IMPACT FEES ............................... 24 FloridaImpact Fee Act........................................................................................................................................ 24 TfschlerBise FISCAL ; ECONOMIC I PLANNING rA 2 Impact Fee Study South Miami, Florida EXECUTIVE SUMMARY 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 of the 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 capital cost for system improvements. 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. 3 TischlerBise FISCAL ECONOMIC I PLANNING Impact Fee Study South Miami, Florida INTRODUCTION $ 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 correction of 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 standards 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, although 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 the developments upon which they are imposed. That principle clearly applies to impact fees. In this study, the impact of 4 9 TischlerBise FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida 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 available 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. 5 10 TischlerBise FISCAL ECONOMIC 1 PLANNING Impact Fee Study South Miami, Florida Methodologies and Credits CONCEPTUAL IMPACT FEE CALCULATION 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 example, an appropriate indicator of the demand for parks is population growth 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 any one of several legitimate methods. The choice of a particular method depends primarily on the service characteristics and planning requirements for each facility 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. Plan -Based Fee Calculation. The plan -based method allocates costs for a specified set of improvements to a specified amount of development. Facility plans 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 6 11 TischlerBise FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida 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 "credits" 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 dueto possible double payment situations. This could occurwhen contributions are made bythe property owner toward the capital costs of the public facility covered by the impact fee. This type of credit, when applicable, 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 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 Undeveloped Parkland Park and Recreation Not Applicable I Developed Parkland I Not Applicable rk I REPORTING RESULTS Calculations throughout this report 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). 12 T)schl re B)se FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida Maximum Allowable Impact Fees by Type of Land Use Figure 2 provides a schedule of the maximum allowable impact fees by type of land use for the City of South Miami. The fees represent the highest amount allowable for each type of applicable land use, and represents new growth's fair share of the cost for parks and recreation 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. The fees are presented by size of the unit, based on square footage and persons per housing unit factors. See Appendix Afor further explanation of these factors and fee options. Figure 2: Summary of Maximum Allowable Impact Fees by Land Use Development Unit Size 750 or Less Development Fees per UnitSize PersonsResidential Proposed Unit 1 Fees 1.38 $10,868 751 to 1,000 1.81 $14,254 1,001 to 1,250 2.14 $16,853 1,251 to 1,500 2.41 $18,980 1,501 to 1,750 2.63 $20,712 1,751 to 2,000 2.83 $22,287 2,001 to 2,250 3.00 $23,626 2,251to 2,500 3.16 $24,886 2,501 to 2,750 3.30 $25,989 2,751 to 3,000 3.43 $27,013 3,001 to 3,250 3.55 $27,958 3,251 to 3,500 3.66 1 $28,824 3,501 to 3,750 3.76 $29,611 3,751 to 4,000 3.85 $30,320 4,000 or More 3.94 $31,029 I. Average persons per dwelling by size of unit derived from 2017 ACS PUMS data for the area that includes South Miami. Dwelling size for 0-2 bedroom from the 2018 U.S. Census Bureau average for all multi -family units constructed in the Census South region. Unit size for all other bedrooms from the 2018 U.S. Census Bureau average for single-family units constructed in the U.S: Census South Atlantic region. 13 TlschlerBlse FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida PARKS ipi 1 E..-ATMN A_ Methodology Figure 3 illustrates the Parks and Recreation impact fee components and methodology. An incremental expansion cost methodology was used to calculate the parkland acquisition, parkland development, and park improvements components. All capital costs have been allocated 100 percent to residential development. Figure 3: Parks and Recreation Facilities Impact Fee Methodology Chart Residential Development Persons multiplied by per I Net Capital Cost Housing Unit Per Person Parkland plus Acquisition Parkland (incremental) Development (incremental) plus Park Improvements (incremental) Parks and Recreation land, Facilities, & Improvements and Costs PARKLAND ACQUISITION While the City of South Miami is constrained in terms of its ability to purchase additional parkland, the City desires to maintain the same level -of -service for parklands into the future. Thus, the incremental expansion methodology is used to calculate this component of the Parks and Recreation Facilities impact fees. 9 14 TlschlerBise FISCAL ECONOMIC I PLANNING Impact Fee Study South Miami, Florida The City intends to use impact fees to acquire land for future parks and to develop undeveloped parkland. Figure 5 provides a current inventory of City -maintained parkland, both undeveloped and developed, all within a citywide service area. As shown in Figure 5, the current level -of -service is 4.41 acres per 1,000 residents (rounded), based on a dividing the 59.34 parkland acres by the current population of 13,453. The cost per person is calculated by multiplying the current level -of -service (4.41 acres per thousand persons) by the estimated cost to purchase an acre of land in South Miami ($1.58 million per acre) and dividing this total by 1,000. This results in a current parkland cost per person of $7,006. The cost per acre assumption is based on a recent purchase of a parcel totaling 14,810 square feet at a cost of $580,000 ($1.58 million per acre). Figure 4: Incremental Expansion — Parkland Acquisition 7rkDogog Park 0.13 ison Park 0.59an Willis Park 0.63an Smith Park 1.14rewer Park 1.29 Small Park All America Park 1.4 Neighborhood Park Murray Park 4.08 Neighborhood Park Marshall Williamson Park 3.22 Neighborhood Park Girl Scout Little House Reserve 4.06 Neighborhood Park Fuchs Park 5 Neighborhood Park Dante Fascell Park 7.73 Trail Underline 11.5 Community Park Palmer Park 8.57 Community Park South Miami Park 10.00 TOTAL 59.34 Source: City of South Miami Level of Service (LOS) Standards Inventory of Parkland Acres 59.34 2019 Ciry Population 13,453 Cost Analysis LOS: Acres per Thousand People 4.41 Land Purchase Cost per Acre $1,588'306 ,1. PARKLAND DEVELOPMENT The City of South Miami plans to maintain the current level of service for developed parkland within a citywide service area. 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, basic 10 15 T)schl re Bise FISCAL ECONOMIC I PLANN'JtlG Impact Fee Study South Miami, Florida infrastructure (e.g., sewer/water, parking, grading, etc.) must be developed. Figure 5 provides a current inventory of City -maintained parkland, including 10 acres of undeveloped land designated as South Miami Park, 11.5 acres comprised of the Underline and 37.84 acres of developed parkland, all with a citywide service area. As shown in Figure 5, the current level of service is 2.81 acres per 1,000 residents (rounded), based on a dividing the 37.84 developed acres by the current population of 13,453. The cost per person is calculated by multiplying the current LOS (2.81 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 $492. Figure 5: Incremental Expansion - Developed Parkland Park Type Parks Acreage �Park Acreage DevelopedExisting Undeveloped Pocket Park Dog Park 0.13 0.13 Pocket Park Dison Park 0.59 0.59 Pocket Park Jean Willis Park 0.63 0.63 Small Park Van Smith Park 1.14 1.14 Small Park Brewer Park 1.29 1.29 Small Park All America Park 1.40 1.4 Neighborhood Park Murray Park 4.08 4.08 Neighborhood Park Marshall Williamson Park 3.22 3.22 Neighborhood Park Girl Scout Little House Reserve 4.06 4.06 Neighborhood Park Fuchs Park 5.00 5 Neighborhood Park Dante Fascell Park 7.73 7.73 Trail Underline 11.5 11.5 Community Park Palmer Park 8.57 8.57 Community Park South Miami Park 10.00 10.00 TOTAL 21.50 37.84 59.34 Source: City of South Miami Level of Service (LOS) Standards Inventory of Developed Parkland Acres 37 2019 Citv Pooulation 13,' Cost Analysis LOS: Acres per Thousand People Land Development Cost per Acre 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 3.20 amenity units per 1,000 residents. As shown below, the City has 43 park improvements including sports fields and courts, 11 Tischl re Rise FISCAL ECONOMIC I PLANNING 16 Impact Fee Study South Miami, Florida 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 / (13,453/1,000 residents) = 3.20 amenity 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 amenity unit is multiplied by the level of service resulting in a park improvement cost per capita of $377. Figure 6. Incremental Expansion — Park Improvements Park Improvementper Courts 4 $30,000 $120,000 Pavilions 3 $15,000 $45,000 Playgrounds 5 $55,000 $275,000 Football/Soccer Fields (Lighted) 1 $175,000 $175,000 Baseball/Softball Fields (Lighted) 7 $200,000 $1,400,000 Open Fields (Unlighted) 4 $150,000 $600,000 Tennis Courts 10 $30,000 $300,000 Basketball Courts 3 $47,225 $141,675 Volleyball Courts/Sand 2 $17,000 $34,000 Restrooms/Concessions 3 $110,000 $330,000 Pools 1 $1,654,911 $1,654,911 TOTAL 43 $5,075,586 Source: City of South Miami Level of Service (LOS) Standards Inventory of Park Improvements Total Developed Park Acres Improvements per Acre 2019 City Population 43 37.84 1.14 13,453 Cost Analysis LOS: Improvements perThousand People Average Cost per Improvement Parks and Recreation Capital Improvements Needed to Serve Growth PROJECTION OF GROWTH -RELATED INFRASTRUCTURE NEEDS 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 7 below is a summary of the growth -related needs to incrementally expand the number of developed park acres, and park improvements. 12 17 TischlerBise FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida 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. 13 18 TischlerBise FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida Figure 7. Parks and Recreation Incremental Improvement Needs Level of 4.41 Acres per Thousand Persons 2.81 Acres per Thousand Persons 3.20 Units per Thousand People Service Unit $1,588,300 Purchase Cost per Acre $175,000 Development Cost per Acre $118,037 Average Cost per Improvement Cost Year Demand Populatlon Unit:763 Developed Park Acres Improvements Base 2019 13,453 38 43 1 2020 13,638 38 44 2 2021 13,826 39 44 3 2022 14,017 39 45 4 2023 14,210 40 45 5 2024 14,406 64 41 46 6 2025 14,605 64 41 47 7 2026 14,806 65 42 47 8 2027 15,010 66 42 48 9 2028 15,217 67 43 49 10 2029 15,427 68 43 49 Cost of Parkland Purchase $6,676,577 Cost of Park Development _ $469,097 Cost of Necessary Improvements $359,551 Cost of Parkland Purchase $13,829,551 Cost of Park Development $971,666 Cost of Necessary Improvements $744,756 [I] Shown as rounded numbers 14 19 Tischl re Bise FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida Credits A credit is only necessary for principal payments when outstanding debt obligations will be repaid in part through dedicated revenue (e.g., property taxes), thereby creating a "double dip", charging new residence once through impact fees and then secondarily through another revenue source for the same infrastructure. The City of South Miami has not borrowed money to fund land acquisition or development of park improvments within the park system for which impact fees will be assessed. Further, the cash flow projection indicates that growth -related impact fee revenue equals growth -related expenditures. Because of this, TischlerBise recommends the Parks and Recreation Facilities impact fees not include a credit. Parks and Recreation Input Variables and Impact Fees Figure 8 provides a summary of the input variables (described in the chapter sections above) used to calculate the net capital cost per person of parkland acquisition, parkland development, park improvements. 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 total net capital cost per person. Fees are provided for all units based on unit size and applicable persons per housing unit. Each Persons per Housing Unit factor is multiplied by the net capital cost per person to derive the impact fee per unit. An example of the calculation for 1,501-1,750 square foot unit is: the net capital cost per person ($7,875.37) multiplied by the persons per housing unit for that size unit (2.63) to derive the impact fee of $20,712. 1s 20 TischlerBise FISCAL ECCNOMIC I PLANN NG Impact Fee Study South Miami, Florida Figure S. Parks and Recreation Input Variables and Maximum Allowable Impact Fees Residential Development Unit Size 750 or Less Development Persons per Housing 1.38 PP10868 751 to 1,000 1.81 $14,254 1,001 to 1,250 2.14 116,8S3 1,251 to 1,500 2.41 $18,980 1,501 to 1,750 2.63 $20,712 1,7S1 to 2,000 2.83 $22,287 2,001to2,250 3.00 $23,626 2,251 to 2,500 3.16 $24,886 2,501 to 2,750 3.30 $25,989 2,751 to 3,000 3.43 $27,013 3,001 to 3,250 3.55 $27,958 3,251 to 3,500 3.66 $28,824 3,501 to 3,750 3.76 $29,611 3,751 to 4,000 3.85 $30,320 4,000 or More 3.94 $31,029 L Average persons per dwelling by size of unit derived from 2017 ACS PUMS data for the area that includes South Miami. Dwelling size for 0.2 bedroom from the 2018 U.S. Census Bureau average for all multi -family units constructed in the Census South region. Unit size for all other bedrooms from the 2018 U.S. Census Bureau average for single-family units constructed in the U.S. Census South Atlantic region. 16 21 TischlerBise nec.'.L rt10.4,1 11�111r.,:c Impact Fee Study South Miami, Florida Cash Flow Projections 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. Necessary expenditures associated with the incremental expansion of developed parkland, and park improvements are calculated based on current costs per unit based on unit size, and on maintaining the current levels of service. In total, revenues are projected to cover 100 percent of the cost for Park and Recreational improvments. Figure 9: Cash Flow Summary Parks and Recreation Cash Flow 2019-2029 Revenues Net Cost per Population $7,875 New Population [1] 1,974 Potential Revenue, 2013-2023 (rounded) $15,545,974 Parks and Recreation Necessary Improvements $15,545,974 Total Capital Costs, 2013-2023 $15,545,974 Cumulative5urplus/(Deficit) $0 [11 TischlerBise, Land Use Assumptions "TischlerSise, Land Use Assumptions 17 TischlerBise 22 Impact Fee Study 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 TischlerBise'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. 1s 23 Tischler-Bise FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida APPENDIX A ® LAND USE ASSUMPTIONS Introduction 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 2019 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. Lastly, the projections assume the City of South Miami would not annex additional lands for development in the twenty-year projection window. The data herein are for the City of South Miami 2019 Parks and Recreation Facilities Impact Fee Study. Residential Development PERSONS PER HOUSING UNIT 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 will be occupied, thus requiring seasonal or peak population to be used when deriving infrastructure 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 Bureau American Community Survey, the City had a 2017 vacancy rate of 12 percent. Persons per housing unit (PPHU) requires data on population in occupied units and the types of units by structure. These data are collected in the U.S. Census Bureau, American Community Survey (ACS). Figure Al below shows 2017 ACS 5-year estimates for the City of South Miami. To calculate the PPHU, persons in occupied units (12,108) is divided by total housing units (4,793). Dwellings with a single unit per structure (detached, attached, and manufactured homes) averaged 2.93 persons per housing unit. Dwelling units in structures with multiple units averaged 1.76 persons per housing unit. The 2017 average persons per housing unit (PPHU) of 2.53 will be held constant over the projection period since the impact fees represents a "snapshot approach" of current levels of service and costs. The 2.53 PPHU factor will be applied to the base year 2019 housing unit estimate calculated above. 24 19 TischlerBise FISCAL ECONOMIC I PLAWNG Impact Fee Study South Miami, Florida Figure Al: Persons per Housing Unit by Type of Unit, 2017 American Community Survey Single -Family Units' 9,176 2,913 3.15 3,12a 2.93 65% 7% Multi -Family Units 2,932 1.313 2.23 1.666 1.76 35% 211 Source: U.S. Census Bureau, 2013-2017 American Community Survey S-Ye. I. Includes detached, attached (i.e. townhouses), and mobile home units. 2. Inc] udes dwel I! ngs In structures with two or more units. YEAR-ROUND POPULATION ESTIMATES AND PROJECTIONS 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 2019 year-round population, TischlerBise used population projections developed by the Florida Housing Data Clearinghouse to determine the projected rate of population growth in the city. The American Community Survey estimates the City had a 2016 population of 12,911. According to the FHDC's long-term growth projections, the population of South Miami is projected be 17,213 by 2040. This equates to roughly a 1.38 percent growth rate for the city population between 2016 and 2040. See Figure A2 for additional detail. The comppounded annual growth rate of 1.38 percent was used to estimate a 2019 base year population of 13,453 forthe City of South Miami. Figure A2: Population Estimates and Projections for City of South Miami [1) 2011-201S Amerimn Community Survey S-Year Estimates (2] Florida Housing Data Clearinghouse (FHDC) DEMAND INDICATORS BY SIZE OF HOUSING UNIT 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 by size of housing unit based on square footage. 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 for the PUMA area and then calibrated to conditions in the City. TischlerBise combines this data with 2018 U.S. Census Bureau Survey of Construction Estimates forsingle- family and multifamily units in the South Atlantic region to derive persons per housing unit by unit size. As shown in Figure A3, these figures were scaled to make the average value by size of unit for Florida 25 20 TischlerBise FISCAL I ECONOMIC I PLANNING Impact Fee Study South Miami, Florida PUMA 04014 match the average value derived from ACS data specific to South Miami. As the size of unit increases, persons per unit increases. Figure A3: Average Persons per Unit Size in City of South Miami Actual Bedrooms Averages per Hsg Unit Square Feet Persons Fitted -Curve Values Sq Ft Range Persons 0-2 1,200 2.25 750 or Less 1.38 3 2,200 2.62 751 to 1,000 1.81 4 3,100 3.49 1,001 to 1,250 2.14 5+ 4,100 4.05 1,251 to 1,500 2.41 Average persons per dwelling derived from 2017 ACS PUMS data for the area that includes South Miami. Dwelling size for 0-2 bedroom from the 2018 U.S. Census Bureau average for all multi -family units constructed in the Census South region. Unit sae for all other bedrooms from the 2018 U.S. Census Bureau average for single-family units constructed in the U.S. Census South Atlantic region. 1,501 to 1,750 2.63 1,751 to 2,000 2.83 2,001 to 2,250 3.00 2,251 to 2,500 3.16 2,501 to 2,750 3.30 2,751 to 3,000 3.43 3,001 to 3,250 3.55 3,251 to 3500 3.66 3,501 to 3,750 3.76 3,751 to 4,000 3.85 4,.1ar More 3.94 Citywide Persons per Housing Unit in South Miami, Florida 4.50 4.00 'c 3.50 3.00 -�- s 2.00 v 1.50 C 1.00 i 0.50 - - - - -- 0.00 0 Sao 1,000 1,500 2,0o0 2,500 Square Feet of Living Area POPULATION AND HOUSING UNIT PROJECTIONS y = 1.47511n(x) - 8.3825 Rz = 0.9108 A 3,000 3,500 4,000 4,500 TischlerBise used a two-step process to project housing units for each year past base year 2019. First, to calculate units added each year, the annual net population increase was divided by the PPHU factor (2.53) which is derived from the U.S. Census Bureau 2017 American Community Survey. The total units estimate was then distributed by type of structure using the assumed 2017 proportions. According to the Census data, the housing unit inventory in the City is 65 percent single-family units and 35 percent multifamily units, as shown in Figure A4. 26 21 TischlerBise r CCAL ECONOMIC I PLANNING Impact Fee Study South Miami, Florida Figure A4: City of South Miami Housing Units by Type, 2017 Housa Single -Family Units' 31128 65% 1 7% Multi -Family Units' 1,665 1 35% 1 21% Total 1 4,793 1 100% 1 12°% Source: U.S. Census Bureau, 2013.2017 American Community Survey 5- Year Estimates 1. Includes detached, attached (i.e. townhouses), and mobile home units. 2. Includes dwellings in structures with two or more units. See Figure A5 below for a summary of population and housing unit projections. Population and housing unit projections are used to illustrate the possiblefuture pace of service demands, revenues, and expenditures. As these factors will varyto the extent that future development varies, there will be virtually no effect on the actual amount of the impact fees. 27 22 TischlerBise FISCAL I ECONOMIC I PLANNING M. �! ■§R � N` : ■- !Q# 2r! ._ � \ � �: Impact Fee Study City of South Miami, Florida 5 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 special district adopts an impact fee by resolution, the governing authority complies with this section. (3) An impact fee adopted by ordinance of a county or municipality or by resolution of a special 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 meets the requirements of state legal precedent or this section. The court may not use a deferential standard. History.—s. 9, ch. 2006-218; s. 1, ch. 2009-49; s. 5, ch. 2009-96; s. 5, ch. 2011-14; s. 1, ch. 2011-149. 29 24 TischlerBise FISCAL f ECONOMIC I PLANNING i MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday antl Legal Holidays Miami. Miami -Dade County. Fiords STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authonly personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review 1/17a 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 - PUBLIC HEARINGS - DEC. 3, 2019 In the XXXX Court, was published in said newspaper in the issues of 11/22/2019 Affiant further Says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Rands 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 promised any personfirm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. S.Ni,L and subscribed before me this 22 de F NOVE BER, A.D. 2019 % (StAL) GUILLERMO GARCIA personally known to me j.•.`•.•• BARBARATHOMAS • -Cm, mission #GG 121171 ;:+ a Expires November 2, 2021 -'• .•-B,rded This Tray Fain Insurance$0038f7af9 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meting scheduled for Tuesday, December 3, 2019, beginning at 7:00 on., in the City Commission Chambers, 6130 Sunset Drive, to consider the following ttem(s); An Ordinance amending the land Dmicipmem Gods, Article II, Section 20-2.3 'Definitions', Article III, Section 20-3.3(D) 'Permitted Use Schedule' and Section 20-3.4 -Special Use Conditions', Article VII, Section 20.7.12(A) 'Permitted and Special Uses and Parking Requirements' antl Section 20-7.51 'Special Exception' concerning Medical Marijuana and Drug, Pharmacy, and Sundry store uses. An Ordinance amending Section 7-3.2, of the Code of Ordinances to adjust the parks impact fees. An Ordinance amending the South Miami Pension Plan to Implement the Collective Bargaining Agreement Between the City of South Miami and the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc.; by Amending Section 16-14, 'Pension benefits and retirement date' by Changing the Normal and Early Retirement Eligibility Dates for Police Officers; by amending Section 16-26, 'Reserved' to now be titled "Use of Chapter 185 Funds": Providing for Severablity; Providing for Inclusion in the Code; Providing for a Repealer, and Providing for an Effecitve Date. An Ordinance amending the City of South Miami Land Development Code, Chapter 20. Article IV, Section 20-4.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts antl the RT-Townhouse Districts. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at. 305- 663-5340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision matte by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 11122 19-62/00004400BBM K11 ;°,N„U° �,�� I NEIGHBORS I I usE Various Types of Coffee Smoothies •Salads •Breakfast Pastelitos • Various Paninis Pi2e>:a •Fine Sweets Cakes for every occasion 10 S.W. 57 Armue, MIMI Ph: 3WZ54-2600 fh�ar Prfees- e BREADS: Cuban Bread Wheat Cuban Bread Croissants • Crackers Palitroques NOT BREAKFAST SERVED UNTIL NOON, �� Scrambled Eggs or Fried with Potatoes Ham Bacon or Sausage, Toast and Cafe con Leche • pU6 SPCC1AEyy GKeme "see Monday Monday thru Thursday: 6am-1 Upon Friday: 6am-12m • Saturday: 7am-12m Sunday: Barn-9pon LATININ AMERICAN CAFETERIA- RESTAURANT Best Cuban Food In Town Enjoy Our Daily Chef Specials We Cater Parties Size Not A Problem We are Open 7am to Midnight a Seven Days a Week We Can Serve You Inside and Outside 898 SW 57 Avenue 305e267e9995� NejIn ludin Ac Grds cepted mrwaas Mmeura CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, December 3, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending the Land Development Code, Article R, Section20-2.3 "Definitions", ArticleIIl, Section 20-3.3(D)"Permitted Use Schedule' and Section 20-3.4'Special Use Conditions", Article VH, Section 20-7.12(A) "Permitted and Special Uses and Parking Requirements" and Section 20-7.51 "Special Exception" concerning Medical Marijuana and Drug, Pharmacy, and Sundry store uses. An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees. An Ordinance amending the South Miami Pension Plan to Implement the Collective Bargaining Agreement Between the City of South Miami and the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc.; by Amending Section 16-14, "Pension benefits and retirement date" by Changing the Normal and Early Retirement Eligibility Dates for Police Officers; by amending Section 16-26, "Reserved" to now be titled "Use of Chapter 185 Funds"; Providing for Severability; Providing for Inclusion in the Code; Providing for a Repealer; and Providing for an Effective Date. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article rV, Section 204.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts and the RT-Townhouse Districts. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to my matter considered at its meeting or hearing, be or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is 31 made which record includes the testimony and evidence upon which the appeal is to be based.