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Ord No 25-19-2338ORDINANCE NO. 25-19-2338 An Ordinance amending section 20-4.4 of the Land Development Code of South Miami, Florida establishing electric vehicle off-street parking improvements, requirements and regulations; amending Chapter 15A of the Code of Ordinances of South Miami establishing regulations for use and penalties for misuse of electric vehicle charging spaces. WHEREAS, the benefits of electric vehicles include improved air quality, reduction of carbon emissions, quieter and more livable streets, and decreased dependency on fossil fuels; and WHEREAS, Florida ranks within the top five states nationally for sales of both electric vehicles and hybrid vehicles; and WHEREAS, per statistics from the United States Department of Transportation Federal Highway Administration, Floridians drive an average of 26 miles per day, per capita; and WHEREAS, for most electric vehicles, an overnight charge offers a minimum range of 40 to 50 miles, thus providing drivers with sufficient charge for daily use; and WHEREAS, automakers are investing over $90 billion in the development of electric and hybrid models to be released within the next five years; and WHEREAS, in 2017, General Motors announced an all -electric path to zero emissions with the introduction of at least 20 new all -electric vehicles that will launch by 2023; and WHEREAS, in early 2018, Ford announced an $11.1 billion investment in global electric vehicles and established a dedicated team to manage the endeavor, with the goal of releasing a total of 40 electrified models globally by 2022, including 16 full -battery electric vehicle models; and WHEREAS, one barrier to greater dependency upon electric vehicles is inadequate and insufficient charging support infrastructure in local communities; and WHEREAS, according to a report by the International Council on Clean Transportation, much more charging infrastructure is needed to sustain the transition to electric vehicles, especially in densely populated areas like Miami -Dade; and WHEREAS, a high percentage of the costs of installing electric vehicle charging stations stems from the electrical modifications that oftentimes need to be made to accommodate the new demand; and WHEREAS, by reducing the electrical changes needed, and including the electrical conduit pipes during initial construction when it is cheaper, the overall costs of charging stations can be significantly reduced; and Page 1 of 6 Ordinance No. 25-19-2338 WHEREAS, given the global trend within the coming years, governmental agencies around the world are working on strategies to facilitate the establishment of the electric - hybrid vehicle supportive infrastructure; and WHEREAS, provision for electric vehicle parking at multi -family residential buildings, offices, and businesses is critical to supporting the use of electric vehicles; and WHEREAS, the Florida Legislature relegates control of parking to local authorities in Ch. 316.008 F.S.; and WHEREAS, the in Ch. 366.94 F.S., the Florida Legislature prohibits non -electric vehicles from occupying parking spaces intended for charging of electric vehicles; and WHEREAS, accordingly, this Commission wishes to require the installation of certain infrastructure needed to enable future electric vehicle charging stations as part of the parking requirements set forth in the Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20-4.4 (E)(10) and (G) of the Land Development Code of the City of South Miami, Florida, are hereby created to read as follows: (E) Required Parking Improvements. 10 Charging infrastructure for electric vehicles shall be installed as per requirements in Sec. 204.4 (G) below. ffiju"e,..,oa Electric Vehicle Supply Equipment (EVSE) Requirements. Parking spaces specifically designed for charging of Electric Vehicles (EV) shall be required in accordance with the following_ provisions for all qualified properties: (1) Definitions. Electric Vehicle (EV) means any vehicle that operates either partially or exclusively on electrical energy from an off -board source that is stored on- board for motive purpose. Electric Vehicle Supply Equipment LEVSE) means a unit of fueling infrastructure that supplies electric energy for the recharging of electric vehicles and plug-in hybrids. EVSE Space shall mean a parking space equipped with Level 2 or greater EVSE that is capable of providing a full charge (defined as no less than 50 kWh) within 8 hours. EVSE-Ready Space means a parking space provided with the electrical Page 2 of 6 Ordinance No. 25-19-2338 service necessary to support future EVSEs. Level 2 ESVE means an inverter/charger (off -board DC charger) that uses a 240-V or 208-V alternating current (AC) and that converts it to direct current (DC)for charging an EV. Parking Enforcement Officer means a law enforcement officer, a code enforcement officer, or an employee of the City designated as a Parking Enforcement Officer, or an employee of an independent contractor hired to manage the City's Parking and to enforce the City's parking ordinances. Qualified Properties means all properties other than single- family, duplex, or townhouses, and properties with a Certificate of Use and Occupancy as a place of public assembly, such as a church, synagogue, mosque, fraternal organization or club. (2) Required number ofEVSE Spaces and EVSE-Ready Spaces. This subsection (G) applies to all off-street parking spaces required for new construction as well as to the installation of, or the setting aside of space for, any new off-street parking spaces (collectively referred to as "Created Off-street Parking Spaces") on Qualifying_ Properties. The number of required EVSE Spaces or EVSE-Ready Spaces shall be determined based on the total number of off-street parking spaces created, and as shown in the table below. EVSE Spaces shall count toward off- street parking requirements; however, in no event may an EVSE Space be counted as a require space set aside for the physically handicapped or disabled, or in any way reduce the number of such spaces below the quantity required by the Florida Building Code. Total Number of Minimum Required EVSE- Minimum Required EVSE- Created Off -Street Ready for Created Off-street Ready for Created Off-street Parking Spaces. Parking Spaces for which a Parking Spaces for which a building permit was building permit was issued miiqed prior to issuedpefmiged on or after JanpM 1 2022 * Jan 1 2022 * 10 or more 10 percent of the parking 20 percent of the parking spaces, but in no event less spaces, but in no event less than 1 EVSE-Ready Space. than 1 EVSE-Ready Space. * In the event of a fraction, the number shall be rounded 0. (3) Fees. The EVSE operator or owner mange a fee for electric vehicle Page 3 of 6 Ordinance No. 25-19-2338 charging. (4) Signage and Markings. (a) All electric vehicle parking spaces must be prominently designated with a permanent above -ground sign that must conform to Figure 1 below entitled "Electric Vehicle Charging Station Sign." The bottom of the sign must be at least 5 feet above grade when attached to a building, or 7 feet above grade for a sign that is not attached to a building. The property owner or operator may establish the hours during which vehicles may be charged and the length of charging_ time permitted per vehicle, provided such information is depicted on the sign in the manner shown in the figure below. Any pricing for vehicle recharging shall be labeled as per applicable rules established by the Florida Department of Agriculture and Consumer Services. EV JE ELECTRVEHICLPARKINAND CHARGISTATIO HOUR CHARGING 7AM To 6PM Figure 1. Electric Vehicle Charging Station Sign (b) In addition, the qualified property owner must comply with the sipage requirement of Florida Statute, Section 715.07 and post in front of each EV SE space a towing notice that meets the following requirements: (i) The notice must be prominently_ placed at each driveway access or curb cut allowing vehicular access to the property, within 5 feet from the public right-of-way line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage. (ii) The notice must clearly indicate, in not less than 2-inch high, light -reflective letters on a contrasting_ background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow- awav zone" must be included on the sign in not less than 4-inch high letters. (iii) The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels. (iv) The sign structure containingthe he required notices must be permanently installed with the words "tow -away zone" not less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the nronerty for not less than 24 hours nrior to the towing or removal of any vehicles or vessels. (v) A business with 20 or fewer parking spaces satisfies the notice Page 4 of 6 Ordinance No. 25-19-2338 requirements of this subparagraph by prominently displaying a sign stating "Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner's Expense" in not less than 4-inch high, light -reflective letters on a contrasting_ back rog�und. Section 2. Chapter 15A of the Code of Ordinances of the City of South Miami, Florida, is hereby amended to create Section 15A-17 to read as follows: Sec. 15A-17 Penalty for misuse of parking spaces designated for electric vehicle char ing_ (1) No person shall stop, stand, or park a vehicle within any parking space designated for charging of electric vehicles where charging equipment has been installed, or otherwise block access to such parking space, unless that vehicle is connectedto and charging from electric vehicle supply equipment, as defined in section 20-4.4 (G)(1), provided, however, that this restriction shall not apply to any person who makes use of an EVSE Space that is in addition to the number of ESVE spaces required by this Section and that is specifically assigned to, or wholly owned by, that person; or (a) Whenever a Parking Enforcement Officer is invited onto private property by a person who resides on that property and who complains to the officer of a vehicle that is stopped, standing or parked within, or otherwise blocking access to, an ESVE space on that property and if the officer finds a vehicle in violation of this Section, the officer shall: (i) Allow the vehicle owner, the land owner or the operator, if present at that time, the choice of voluntarily relocating the vehicle to any lawful parking space or facility, and if not immediately removed, the Officer shall have the vehicle relocated to such a place by having the vehicle towed by involuntary means such as towing_ Whenever a vehicle is relocated, any cost of such relocation shall be charged to the registered owner of the vehicle, and if allowable by law, a lien may be placed on the vehicle if the fine is not paid within 30 days of the issuance of the parking citation; and (ii) Issue a parking citation to the registered owner of the vehicle. (2) Whenever evidence shall be presented in any court or before any local hearing officer, magistrate or special master of the fact that a vehicle was found to be parked in violation of this Section, it shall be prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered according to the records of the Florida Department of Highway Safety and Motor Vehicles. Page 5 of 6 Ordinance No. 25-19-2338 (3) Violators of this Section shall be prosecuted in the same manner as other yarkine violations. The fine for this parking violation, in accordance with Section 316.1945 is the maximum fine for a non-moving traffic violation pursuant to chanter 318, Florida Statutes. Section 3. The City Manager is hereby directed to recommend the appropriate percentage of required off-street EVSE-Ready spaces, taking into consideration factors such as evolving need and demand. The recommendation can be based on a study and report commissioned by the City or by Miami -Dade County or a municipality comparable to South Miami. If the study and report justify an increase or decrease in the required percentage set forth in this ordinance, the City Manager shall prepare legislation to amend the code accordingly. The required report shall be provided to the City Commission and placed on an agenda of the City Commission on or before January 1, 2021. Section 4: Codification. The provisions of this ordinance shall become and be made part of the Land Development Code and Section 15A-17 shall become and be made part of the Code of Ordinances of the City of South Miami as amended; those sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word 'ordinance" may be changed to "section" or other appropriate word. Section 5. 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. Section 7. Effective Date. The provisions of ordinance shall take effect upon enactment. PASSED AND ENACTED this 20 h day of August, 2019. ATTEST: �ROVED;�� CITY CINERK Y I' Reading: 8/6/19 2"d Reading: 8/20/19 READ AND APPROVED AS TO FORM, Page 6 of 6 COMMISSION VOTE 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Agenda Item No:7. City Commission Agenda Item Report Meeting Date: August 20, 2019 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending section 20-4.4 of the Land Development Code of South Miami, Florida establishing electric vehicle off-street parking improvements, requirements and regulations; amending Chapter 15A of the Code of Ordinances of South Miami establishing regulations for use and penalties for misuse of electric vehicle charging spaces. 3/5 (Mayor Stoddard) Suggested Action: Attachments: EV_charging station_regs=v5_CAPKSrevC1eanedCArev3.docx EV_charging_station_regs=v5_CAPKSrevC1eanedCArevjt.docx DBR Ad. pdf MH Ad. pdf MIAMI DAILY BUSINESS REVIEW PUWished Catty except Saturday. Sunday and Legal Holidays Miami, MiamFDade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authonty personalty appeared GUILLERMO GARCIA. who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Noboes of the Miami Daily Business Review f/k/a Miami Review, a dairy (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 NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - AUG, 20.2019 in the XXXX Court, was published in said newspaper in the issues of 08109120119 Arrant 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. Florda each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in saitl Miami -Dade County. Florida. for a period of one year next preceding the first publication of the attached copy of advertisement,, and arrant further says that he or she has neither paid nor promised any person, form or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo o a subscribed before me this 9 day UGUST .D. 2019 Sa&Q GUILLERMO GARCIA personally known to me ''--- "'- Conugission 8 GG 121171 EARBkR .;+ Expires November 2, 2021 ,r a M,,d TMv tray Fain IM0211m8003857019 SOUTyy u..cox.owmn 3 t D2� t,• •�LOgtV 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, August 20, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to Consider the following Rem(s): An Ordinance amending section 20-4.4 of the Land Development Code of South Miami, Florida establishing electric vehicle off-street parking Improvements, requirements and regulations; amending Chapter 15A of the Code of Ordinances of South Miami establishing regulations for use and penalties for misuse of electric vehicle charging spaces. An Ordinance amending the City of South Miami Code of Ordinances, Chapter N Alcoholic Beverages, Article I, Sections 4-6, including a revision to the hours of operation. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article II, Section 2.8 to clarify the check signing authority of City officers and the Finance Director. ALL interested parries 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 H a person decides to appeal any decision made by this Board. Agency or Commission with respect to any matter considered at its meeting or hearing, ha 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. B/9 19-129/0000418641M 14 SUNDAY AUGUST ase 117019I 1 MIAMIKERAULCeM I ILLEGAL DUMPERS can expect penalties, fines and possible jail time. Dispose of your trash and debris properly! 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, August 20, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending section 20-4.4 of the Land Development Code of South Miami, Florida establishing electric vehicle off-street parking improvements, requirements and regulations; amending Chapter 15A of the Code of Ordinances of South Miami establishing regulations for use and penalties for misuse of electric vehicle charging spaces. An Ordinance amending the City of South Miami Code of Ordinances, Chapter IV Alcoholic Beverages, Article I, Sections 4-6, including a revision to the hours of operation. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article 11, Section 2.8 to clarify the check signing authority of City officers and the Finance Director. 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 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 15 proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.