Ord No 20-18-2309ORDINANCE NO: 2 0 -18 - 2 3 0 9
An Ordinance establishing a moratorium on the execution of new parking
space fee agreements and the payment of fees pursuant to such existing
agreements by businesses until the earlier of a date certain or the date that
the relevant parking provisions in the Land Development Code have been
addressed by the City Commission.
WHEREAS, pursuant to Section 20-4.4(A) of the Land Development Code, all
structures and uses which are erected, established or enlarged within the City shall
provide adequate off-street parking spaces and control mechanisms for on -site vehicular
and pedestrian traffic; and
WHEREAS, when adequate off-street parking cannot be provided to meet the
minimum requirements of the Land Development Code, the applicant may either:
a. Request either a Variance or Special Exception from the City Commission, or
b. Enter into a parking space fee agreement with the City; and
WHEREAS, if an applicant enters into a parking agreement with the City, the fee
required is as follows:
a. Commercial Zoning Districts: $1,000 per space, which shall increase five (5)
percent annually, or
b. Hometown District Overlay: $1,000 per parking space deficient; and
WHEREAS, many of the applicants that have off-street parking space
deficiencies enter into parking space fee agreements which can cost thousands of dollars
that add to the operating costs of the business; and
WHEREAS, the City wishes to find a more amicable solution to the deficit of
off-street parking spaces in its Hometown District Overlay as well as its commercial
zoning districts; and
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMNIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City hereby issues a moratorium on the execution of new
agreements or paying of the fee due pursuant to any existing parking space fee
agreements for businesses that are in the City's Hometown District Overlay.
Section 2. The City hereby issues a moratorium on the execution of new parking
space fee agreements or the paying of the fee due pursuant to any existing parking space
fee agreements for businesses that are in any of the commercial zoning districts that are
outside of the City's Hometown District.
Page 1 of 2
Ordinance No. 20-18-2309
Section 3. The moratoria shall expire on April 16, 2019 or the date that the City
Commission approves or denies a revision to the parking space provisions outlined in the
applicable Land Development Code, whichever occurs first.
Section 4. Severability. If any section, clause, sentence, or phrase of this
resolution 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
resolution.
Section S. Effective Date: This ordinance shall take effect immediately upon
enactment.
PASSED AND ENACTED this 6" day of November, 2018
ATTEST: APPROVED:
CITY E MAYOR
1 sT Reading: 10/16/18
2"d Reading: 11/6/18
COMMISSION VOTE: 5 = 0
Mayor Stoddard: gea
Vice Mayor Harris` rYea
Commissioner Gil: yea
Commissioner Liebman: yea
Commissioner Welsh: yea
Page 2 of 2
Agenda Item No:14.
City Commission Agenda Item Report
Meeting Date: November 6, 2018
Submitted by: Nkenga Payne
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
Subject:
An Ordinance establishing a moratorium on the execution of new parking space fee agreements and the
payment of fees pursuant to such existing agreements by businesses until the earlier of a date certain or the
date that the relevant parking provisions in the Land Development Code have been addressed by the City
Commission. 5/5 (City Manager -Planning)
Suggested Action:
Attachments:
Parking Space Fee Agreement Moratorium Staff Memo 10-9-2018 jkt ve 2.doc
Parking_Fee_Moratorium_OrdinanceCArev.docx
Miami Daily Business Review Advertisement. pdf
Miami Herald Advertisement. pdf
1
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING 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: October 16, 2018
SUBJECT:
An Ordinance enacting a moratorium on the issuance and paying of parking space fee
agreements by businesses until the existing parking provisions in the Land Development
Code can be reviewed.
BACKGROUND:
Pursuant to Section 20-4.4(A) of the Land Development Code (LDC), all structures and uses
which are erected, established or enlarged within the City shall provide adequate off-street
parking spaces. In determining the number of parking spaces available, credit is given for on -
street spaces that abut the property. While most businesses in the City provide the code -
required off-street parking spaces, there are a handful that do not. These situations arise when
a new business use has a greater parking standard than a previous tenant, or when there is new
construction, either a new building or the expansion of an existing building.
When adequate off-street parking spaces cannot be provided to meet the LDC requirements,
the applicant may request a Variance. If the property is in the Hometown Overlay District, the
applicant also has the option of requesting a Special Exception.
When a Special Exception is granted, or a credit is given for on -street spaces for property
outside the Hometown, the business must agree to pay the City for the spaces required but not
provided. Property owners in the Hometown pay $1,000 per space per year. Property owners
outside of the Hometown also pay $1,000 per space per year; however, the fee for these
properties also increases five (S) percent annually. Under these agreements, some businesses
pay fees totaling thousands of dollars each year, which adds substantially to their operating
costs. Funds collected under these agreements are applied to the cost of operating the City's
parking system.
ANALYSIS:
The City wishes to find an approach to parking requirements that is more reasonable and better
aligned with the City's goals for the character of and vision for the various commercial areas.
Because of that, Staff proposes the City enact a moratorium to allow time for the fee system to
be studied and a solution developed that favors both the City and its businesses. The proposed
2
Parking Space Fee Agreement Moratorium
October 16, 2018
Page 2 of 2
ordinance enacts a six-month moratorium on the enacting of new agreements and the
collection of fees for existing agreements.
RECOMMENDATION:
It is recommended that the City Commission approve the attached ordinance.
Attachments:
• Draft Ordinance
3
MWL
C:\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@D8059D4A\@BCL@D8059D4A.doc
,,
MIAMI DAILY BUSINESS REVIEW
Published Daly except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
KESHA BASSUE, who on oath says that he or she is the
LEGAL CLERK, Legal Notions of the Miami Daily Business
Review ffkla 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
NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI -
NOV. 6, 2016
in the XXXX Court,
was published in said newspaper In the Issues of
10/26/2018
AKant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dad
e County, Florida and that the mid 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 amanl
further says that he or she has neither paid not promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
publication In the said newspaper. _
Swom toA nd subscribed before me this
26 daMf OCTQBER. A.D. 2016 r'
KESHA BASSUE personally known to me
... ¢,- BARBANATHOMAS
Commission M GG 121171
9ypo Expires November 2,2021
'�P, :Sq'' &+riled ThmTmyFaln lnewence8110da5.7019
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS .
NOTICE IS HEREBY given that the City: Commission of )he Chy of South
Miami, Florida will conduct Public Hearings) at its regular City Commission
meeting scheduled for Tuesday, November 6, 2016, beginning at 7:00 pm., in
the City Commission Chambers, 6130 Summit Drive, toconsider the following
hem(s)t -
A Resolution authorizing the City Manager to negotiala:a mu0i-year
lerm.agreement with Canon Financial Services, Inc., for multifunctional
Dopler equipment onto a piggyback agreement with a State of Florida
Contract No. B00.000-11-1.
An Ordineoce amending Section 20-3.1(A) and (13) retailing to the zooing
use disldou of the CIVS Land Development Code Including changes
to make it compatible with the proposed changes to ftre Comprehensive
Plan and Include an sKlifing zoning districtin the table of districts.
An{Crdlnanee establishing a moratorium on the execution of new parking
space fes agreements and the payment of fees pursuant to such existing
agreements by busineases until the earlier of a date certain or the date
that the relevant paridng provisions In the Land Development Code have
been addressed by the City Commission.
An Ordinance, amending the City of South Miami Land Development
Code,. Chapter 20 Article IV, Seotep. 20-441,61 subsection A paragraph (3)
concerning "a mitigation fee. - _ -
• ALL Interestedp>uties are invltedlo atend andwlll ba heard.
For further Infofmation, please Contact the City Clerk's Office at:
3D5.663-6m.
Nkenga A. Payne, CMC
City Clerk
Punwant•to.Florida Statutes 286.0105,.the Cfry-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 Wnsidered at Its meeting or
hearing, he or she will need a record of the ;pmcaly ings, and that for such
purposa, affected person,may need to ensure that a verbadm record of the
upo�Nchsihe mmadaploe*which
be beetled. ncludesthe testimony and evidence
10/26 ___. _ ____ .. —___ 16d74/0000356B3BM
SUNDAY OCTOBER 282018 NEIGHBORS 1 275E
MIANHERAID.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
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, November 6, 201&
beginning at 7:00 p.m., in the City Commission Chambers.
6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to negotiate a
multi -year lease agreement with Canon Financial Services, Inc., for
multifunctional copier equipment onto a piggyback agreement with a
State of Florida Contract No. 600-000-11-1.
An Ordinance amending Section 20-3A(A) and (B) relating to die
zoning use districts of the City's Land Development Code including
changes to make it compatible with the proposed changes to the
Comprehensive Platy and include an existing zoning district in the
table of districts.
An Ordinance establishing a moratorium on the execution of new
parking space fee agreements and the payment of fees pursuant to
such existing agreements by businesses until the earlier of a dale
certain or the date that the relevant parking provisions in the Land
Development Code have been addressed by the City Commission.
An Ordinance amending the City of South Miami Land Development
Code. Chapter 20 Article IV, Section. 20-4.5.1 subsection A paragraph
(3) concerning tree mitigation fee.
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 tiny 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 it, 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.
Whl 265E
ELECTIONS
As of early October,
Rodriguez's campaign had
raised $27,275.
Esther Colon: Colon,
65, was bom in New York
and moved to Florida in
1977. This is her second
time vying for a seat on the
Miami Lakes Town Coun-
cil. In 2016, she lost
against Luis Collazo- She's
a retired government work-
er, but she doesn't consider
herself a politician.
"I have a passion for
public service," she said. "I
was born to serve others."
As of mid -October, Col-
on had raised $8,387 for
her campaign.
Colon worked for differ-
ent government agencies,
including Sweetwater,
Miami Springs, the Bro-
ward Sheriffs Office and
Lauderdale -by -the -Sea, for
more than 30 years. In
2000, she became the
town manager of Lauder-
dale -by -the -Sea, a small
town in Browsed County.
In 2010, however, she was
fired, according to a re-
cording of the meeting.
Roseann Minneq the
Lauderdale-hy-the-Sea
mayor in 2010, why Colon
was fired said the council
had issues with Colon's
transparency.
"We no longer wanted
her to do the job," she said.
"She didn't always give us
the information we needed
to make the decisions."
The council selected an
interim town manager,
who gave Colon a sever-
ance package without the
Town Council's autho-
rization the same night she
was fired. The town then
fired him too, according to
current Mayor Chris Vin-
cent, and sued Colon to get
part of the package back
In the end, both parties
agreed Colon had been
overpaid, and she was
required to pay back part of
the money.
Colon denies that's what
happened. On,a Sept. 21
Facebook post, she wrote:
"For the record, I was
never'fired' from my job
or ever forced to return any
'overpaid' funds. My em-
ployment contract was
non -renewed by the newly -
elected commission major-
ity, and part of the sever-
ance package for unused
leave was voluntarily re-
turned by mutual agree-
ment."
An earlier version of this
article lifted the wrong
school where Carlos Alvarez
works. It also gave the wrong
population for Miami Lakes.
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