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10-06-09 Item 12• CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission South Miami All- America City I I 1.1 2001 Via: Ajibola Balogun, City Manager From: Thomas Vageline, Director Planning and Zoning Departmen s r Date. September 15, 2009 Agenda Item No. *, Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE LAND DEVELOPMENT CODE BY MODIFYING SECTION 20- 4.4(I) AND REMOVING SECTION 20- 4.4(M) ENTITLED "VALET PARKING PERMITS" IN ORDER TO PLACE THE SAME PROVISIONS IN SECTION 15(C) OF THE SOUTH MIAMI CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: • The City Administration recently determined that as part of the current budget process that certain adjustments in City fees will be needed. It was discovered that the fees for the use of on- street metered parking spaces as part of a valet parking operation are contained in Land Development Code (LDC) Section. 20- 4.4(M) entitled "Valet Parking Permits" (see attached). This section also provides regulations on applications, operational standards, fees, and violation fine schedule for valet parking permits. Any changes to the operational standards or fees charged as set forth in LDC Section 20 -4.4 (M) would require research by the Planning and Zoning Department and public hearings by the Planning Board. In reality LDC Section 20 -4.4 (M) is an administrative procedure and is not related to land use, zoning or development issues and therefore should be removed from the Land Development Code. This problem was recognized several years ago by the Zoning Task Force and during the current LDC re -write being conducted by staff. STAFF OBSERVATION The best solution to the problem is the removal of this section from the LDC and its placement in the general chapters of the Code of Ordinances specifically as Section 15C to be entitled "Valet Parking Permits for the Use of Public Property ". This can be done by the adoption of a LDC Amendment ordinance removing the section and the simultaneous adoption by the City Commission of a separate ordinance placing the section in its entirety into City Code as Section 15C. At that time the Administration can adjust the fee schedule and make any other revisions felt necessary. Please note that the attached draft ordinance also modifies LDC Section 20- 4.4(I). A revision is needed •because than section references the valet parking regulations. The reference will refer to the new City Code Section 15C. 2 • RECOMMENDATION It is'recommended that the attached draft ordinance amending the Land Development Code be approved. Attachments: Draft ordinance LDC Section 20 -4.4 (M) Public notices 0 TJ VISA Y X.• (Comm Items 1200919-15-09 IDC Amend Remove Valet CM Report. doc • I ORDINANCE NO. •2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE LAND 5 DEVELOPMENT CODE BY MODIFYING SECTION 20- 4.4(I) AND REMOVING 6 SECTION 20- 4.4(M) ENTITLED "VALET PARKING PERMITS" IN ORDER TO 7 PLACE THE SAME PROVISIONS IN SECTION 15(C) OF THE SOUTH MIAMI 8 CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING 9 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Land Development Code (LDC) contains Section. 20- 4.4(M) 12 entitled "Valet Parking Permits" provides regulations on applications, operational 13 standards, fees, and violation fine schedule for the use of on- street metered parking spaces 14 as part of a valet parking operation; and 15 16 WHEREAS, LDC Section 20 -4.4 (M) is implemented and enforced by the City's 17 Parking Division; and 18 19 WHEREAS, any changes to the operational standards or fees charged as set forth in 20 LDC Section 20 -4.4 (M) would require research by the Planning and Zoning Department 21 and public hearings by the Planning Board; and 22 23 WHEREAS, LDC Section 20 -4.4 (M) is an administrative procedure and is not •24 related to land use, zoning or development issues and therefore should be removed from 25 the Land Development Code and placed in the general chapters of the Code of Ordinances 26 specifically Section 15C to be entitled "Valet Parking Permits For Use of Public Property "; 27 and 28 29 WHEREAS, the Planning Board at its August 25, 2009 meeting, after public 30 hearing, adopted a motion by a vote of 7 ayes 0 nays recommending that Section 20 -4.4 31 (I) be modified and that proposed amendment removing Section 20- 4.4(M) of the Land 32 Development Code be approved; and 33 34 WHEREAS, the City Commission desires to accept the recommendation of the 35 Planning Board and enact the aforesaid amendment. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 Section 1. That Land Development Code Section. 20- 4.4(M) "Valet Parking Permits" is 41 hereby removed in its entirety from the Land Development Code. 42 43 Section 2. That Land Development Code Section. 20- 4.4(I) is hereby amended to read as 44 follows: 45 46 Section. 20-4.4(l) . 47 48 (1) Valet Parking shall be allowed pursuant to the following conditions: 49 50 (1) A valet parking operation that makes use of public property shall comply with 51 , Section 15 C as amended from time to time, of the South • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 •46 47 48 49 2, Miami Code of Ordinances I and Gade, entitled "Valet Parking Permits for use of Public Property ". Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: APPROVED: CITY CLERK MAYOR I't Reading — 2nd Reading — READ AND . PROVED AS TO FORM: CITY ATTORNEY day of , 2009 COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: X: \Comm Items\2009 \9- 15- 09\LDC Amend remove Valet Parking Ord.doc OTHER REGULATIONS 20 -4.4 • (M) Valet Parking Permits. (1) Separate Permit Required. The City of South Miami shall issue valet parking permits to valet operators who conduct their operations on public property and who meet the requirements of this section. No valet parking shall occur.on public property without the operator securing a valet parking permit from the City. A separate permit is required for each ramp location where valet parking services are provided. Valet parking permits shall only be issued to operators who are licensed by the City of South Miami pursuant to this Chapter. (2) Permits. (a) Requirements. No Valet Parking permit shall be issued without the proof of the following: i. Approval from the City's Risk Manager indicating that the valet parking operation has met the following insurance requirements: 1. Commercial general liability or damage liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence, and in the aggregate, and per location covering bodily injury and property damage resulting from the valet operators' activities connected with the handling of vehicles on public property. This policy must name the city as an additional insured and provide that the policy provides • primary coverage. 2. Garage keepers legal liability insurance to provide collision and comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of three hundred thousand dollars ($300,000.00) per location with a maximum Self Insured Retention (SIR) or deductible of one thousand dollars ($1,000.00). 3. All required insurance policies are to be issued by companies rated A or better per Best's Rating Guide, and rated FPR 6 or better per Best's Vulnerable FPR Rating Scale, applying the latest edition. The policies must provide the City with thirty (30) days' written notice of cancel- lation. A. Valet operators must submit a certificate of insurance and a certified copy of their policies to the City's Risk Manager for determination that the insurance requirements of this Ordinance have been met prior to the issuance of a permit and upon request by the Risk Manager. 5. Each valet operator applying for a permit for use of public property shall execute an agreement approved by the City Attorney providing that the valet parking operator shall indemnify, hold harmless and defend the City and its officers, agents and employees against and assume all liability for any and all claims, suits, actions, damages, liabilities, expenditures, or causes of actions of any kind arising from • its use of the public streets or public parking places for the purpose Supp. No. 12 96.5 OTHER REGULATIONS 20 -4.4 • operator of the cancellation and revocation. Service of the notice of cancel- lation and revocation shall be by hand delivery or certified mail, return receipt requested. 40- (3) Rental and Operation of Municipal Parking Spaces (a) Rental of Public Spaces for Ramping: The City shall rent to the valet operator public on- street/curbside parking spaces that shall be used only for the ramping Supp. No. 5 96.6.1 OTHER REGULATIONS 20 -4.4 of vehicles. Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to turn it over to or retrieve it from valet employees. Ramping shall only be operated in the public on- street/curbside spaces provided for ramping. There shall be no storage of vehicles in the area designated for ramping. A vehicle will be considered stored if it remains in the ramping area for more than fifteen (15) minutes. This policy will be modified after all establishments serviced by the ramp are closed for further business. At this time the City may, at its own discretion, allow vehicles of remaining customers to be parked on the spaces leased for ramping. Ramping on public property shall not occur in any other location than the on-street/curbside. spaces provided for ramping. Any type of sign, structure or other type of object used to identify the ramp shall not block leased spaces. Vehicle key lock boxes used at the ramp location are not to obstruct pedestrian or vehicular traffic. Leased space shall not be cordoned off with posts, chains or signage of any type except that approved by the City indicating the designation of the rented valet parking area. At its sole discretion and judgement, the City shall provide to the valet operator ramping space in close proximity to the establish- ment being serviced, if sufficient spaces are available and if the. location is considered appropriate: If:there is not sufficient space available for rental in front of the establishment, the City shall lease spaces as close to the establishment as possible.. Ramping will not be allowed if the City determines, at its sole discretion, that it would be an unsafe activity at that location. • (b) : Rental Fees-for Public :On/Street curbside spaces. The fee for use of rented spaces shall. be $9.00 per space per day,. seven days per week, based on a twelve hour period defined. as.the. hours.between 6:00 p.m. to 6:00. a.m..use, and $15.00 per space per day, seven days per -week. based on twenty.four hour use. Fees shall be paid in advance on a. monthly basis; commencing on the date the locations are rented to the valet operator by the City. Advanced payment for meter rentals shall not be made for a period exceeding one month. All additions or changes to existing leased public on- street/curbside parking spaces for ramping., shall be paid upon request..All valet space. lease. requests .shall be required in writing to the City Manager or his/her designee, twenty -four hours in advance, and received no later than 3:00 P.M., daily. Exceptions and lease cancellations not made within the prescribed period will be assessed a $20.00 processing fee. The rental fee structure will be reviewed and may be adjusted periodically by the City. (c) Number of spaces leased for ramping. The amount of ramping spaces available to the valet operator shall be determined by the frontage of the establishment being serviced provided that there is sufficient public on- street/curbside spaces avail- able for ramping, as determined at the sole discretion of the City. (d) Subletting. Leased public on- street /curbside spaces may not be sublet. (4) Rental of Additional Parking for Storage of Vehicles for Special Events/Program. Storage space required for the operation of a valet service must be provided in parking • Supp: No. 4 96.7 • r� �i OTHER REGULATIONS 20 -4.4 public property shall not occur in any other location than the public on- street/ curbside spaces provided for ramping. Ramping from a moving lane of traffic is strictly prohibited. (c) Storage. Storage of vehicles shall only be in private spaces or in leased municipal spaces as provided by the City. Other than the leased municipal spaces, there shall be no storage of vehicles on any municipal property whatsoever. The valet operator shall clearly identify the vehicles in their possession during the entire period that the car is in their possession. Identification shall be made through a ticket stub visibly placed on top of the dashboard of the stored vehicle and shall state the name of the valet operator and identification of the ramp from which the vehicle was retrieved. Ramp identification shall be made by stating the name of the establishment which the ramp is servicing. Unauthorized storage of valet vehicles in municipal parking facilities or at any public on- street/curbside parking spaces is strictly prohibited and shall result in the issuance of a Valet Violation to the valet operator in the amount of two hundred dollars ($200.00) per occurrence. (8) Exceptions. (a) Valet services operating for a special event may apply for a special event permit from the City's Manager office. Special event parking shall be restricted to any event occurring no more than twice per year and lasting no longer than three days in length. The special event permit will allow the valet operator to request from the City, additional ramping and/or storage space, if available, as long as it does not reduce the number of parking spaces needed to serve the general public in the area of the request. (9) Enforcement Fine Schedule and Right to Appeal. (a) Enforcement. The City shall enforce the provisions of this Ordinance, including the Valet Operators Code of Conduct. If a violation of this ordinance is found, the City shall issue a Notice of Violation to the violator. The Notice shall inform the violator of the nature of the violation, amount of the fine for which the violator may be liable, instructions and due date for paying the fine, and notice that the Violation may be appealed by requesting a hearing before the City's Special Master. Failure to appeal within ten days after service of the notice of violation shall constitute and admission of the violation and a waiver of the right to a hearing. (b) The following civil fines shall be imposed for each violation: 1. Operation without Valet Permit 2. Unauthorized/Illegal Ramping • 3. Unauthorized/Illegal Storage Supp. No. 12 96.9 Immediate cessation of service and $250.00 $150.00 per offense $200.00 per offense OTHER REGULATIONS 20 -4.5 • (10) Compliance Date. All valet operators in the City of South Miami shall comply with this Section within 30 days of its approval by the City Commission on second reading. (Ord. No. 1 -99 -1675, § 1, 1 -5 -99; Ord. No. 10 -03 -1794, § 1, 5- 20 -03) Editor's note —Ord. No. 9 -99 -1683, § 1, adopted May 4, 1999 relettered subsection (K) as subsection (L). To avoid duplication of subsections, former subsection (L) has been redesig- nated (M) at the discretion of the editor. (Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 13 -91 -1478, 5 -7 -91; Ord. No. 18 -91 -1483, 7- 23 -91; Ord. No. 17 -94 -1567, §§ 1 -5, 11 -1 -94; Ord. No. 21 -96 -1621, §§ 1, 2, 11- 19 -96; Ord. No. 8 -99 -1682, §§ 2, 3, 5 -4 -99; Ord. No. 33 -06 -1901, §§ 1, 2, 12- 19 -06; Ord. No. 30 -08 -1965, §§ 1, 2, 8 -5 -08) • • 20 -4.5 .Landscaping and Tree Protection Requirements for All Zoning Districts. (A) Definition of Terms for Section 20 -4.5 Only. In constructing the provisions of Section 20 -4.5, where the context will permit and no definition is provided in Section 20 -4.5 or in Section 20 =2.3 of the Land Development Code of the City of South Miami, then the definitions Supp. No. 12 96.10.1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida: that the attached copy of advertisement, being a Legal A&eriisei7ient of Nofice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR OCTOBER 6, 2009 in the XXXX Court, was published in said newspaper in the issues of 09/25/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose Of securing th�edvertisem r publication in the said newspaper. Sworn to and subscribed before me this 7 25 day o SEPT //EMBER D. 2009 / &a4l / (SEAL) O.V. FERBEYRE personally known to me fiP"Y %4,, Notary Public State of Florida �, Veronica Perez � � j '�'o %ika MY Commission DD819771 Expires 0910312012 _ r •zrrr _'�.. i 0itt9 :irc ' CITY,OFSOUTH MIAMI.;, r ,3» NOTICEj,OF ;PU13LIC 14EARINGt -!,�, .im- y aPr`:. xx NOTICE IS,.HE066Y given that the City Commission of the City of South Miami; Florida! ^will conductr;Public- -Hearings °attits•-,regular city Commission,„ meeting,, scheduled i< for; Tuesday, October 6;fa2009 beginning at 7:3A-5:m: in.the City. Commission ;Chambers, 6130 Sunset D&e .to consider the following dem(s) li"• } '.AN,ORDINANCE.OF THE MAYOR,AND. ,CITY'COMMISSION :. ,OFtTHE,CITY OF,SOUTH.MIAMI FLORIDA; AMENDING.THE24 2007• SOUTH MIAMI I =VALUATION AND AP.PRAISAL.REPORTw. _ �,(EAR).tBASED TEXT ,'AMENDMENT.;DOCUMENT'ADOPTED; .t BY, ,THE:; tY.s66MMISSIONrONFfA000ST. 23."12007,1 BY,,,) AMENDINGxHE4COMPREHENSIVE $P_LANrFUT6RE tLANDx: >c7 USE ELEMENT,IN.ORDER10 ADOP_TiA'NEW FUTURE LAND t n�USE,MAP_ EGQRy FOR';THE SW 62rid'AVENUE CORRI = -- t DOR 1NHICH AMIENDMENT ;WOULD,BEtBASEDiUP,ON.THE SRECOMMENDATIONSSCONTAINEDGINsTkfE <2006iSOUTH MrIAMI EAR .AND WOULD BE REPORT 'APPLICABLE ONLYiTO t aTHE, SSW -62hd�AVENUEj GORRIDOR.;3;P.ROVIDING'l FOR i SEVERABILITY „te.6RDINANCES:-.4iNGr5CONF LICT i'AND a 4t�P,ROVIDINGANEF�FECTlEDAEee Sh} ilSeeand.Re dine r AN ±ORDINANCE. OF'THE;MAYOR.AND CIT,Y;;COMMISSION h, OF-THE CIT—Y OF Sb�U H;MIAMI; FLORIDi1 RELATING TO AM' k jAMENDME IT . D4DEVELOFMENT:3 CODE r BY Fite= MODIFY(NASSt&tloN 20- 4.4(i) ANDifiEMOVINGISECTION ^ ;�t `20=4 4(j%I),tNTITLED,II'VALET PARKING PERMITS, IN ORDER "TO PLACE T.HE SAME PROVISIONS ?1N,SECTIONx15(C)IOFa r_8! THE SOI�THyMIAMI,CODE`,OF(O IDINANCES:PROV.IDING =:,f *C `.FOR <SEVERABILITY,� FPROViDING,''.FOR ;,ORDINANCES PIN L \5 ?: CONFLICT; At D'PRO.V.iDINGANEF E-CTIVE :DATEyi .�:�?Y.Z� V.s tun +rt r +- - rZ f11tS. `sy i n;`yvax�t .^!:#•'+r+xrai.'11 AN,ORDINA,j4b OFf.THE MAYOR,AND CITY:COMMISSION:? ' OF THE.CITY OF�,SOUTH_MIAMI FLORIDA; RELATING TO AN i Yii i AMENDMENT,;TO THE- SOUTH,MIAMI'CODE OF,ORDINANC- z t' = =ES BY ADDtNGFNEW�S`ECTION15(C) TO BE.'- ENTITLED c ” VALET ,' - PARKING'-', .PERMITSIYFOR,4 USE ,OFt;, PUBLICa" ).,PROPERTY%IWORDER TO 'PL AC - PREVIOUS LAND DEVELOP,MENT.CODE SECTION 20-,- 4.4(M).' INTO?THEs.CODE OF; ORDINANCES"ANDIFURTHER:�TOF-° INCREASE ; ;THE t FEES 4CHARGED; . FORT; RENTAL r:OF„ ;ON STREET,CURBSIDE SPACES;'PROVIDING FOR SEVER'., ABILITY; PROVIDIroG.FOR ORDINANCES IN CONFLICT; AND. t PROVIDING AN EFFECTJVE DATE ;,ti nftTr:k• x ' bf.� +� ,.T_'1 .�.. . -.,, 1,.yR�`4 k•lli. C'rt'., ��. �Tl:.'•Z ^c -� "? ..0 ALL interested. parties are invited.to attjjend and will be hearda., k t .., ' rr, ,q r�y?i't;t+:li? -�., i. tiM� c''t/dt:'CL�.c•s1.i ,,�!t'� For further: informat ion;lplease?contacti,the City,'Clerks Officefat: 305 -663 6340 ;,6t tt;::` i R 61 (A# Mana M: Menendez; CMC. .1 %0 hr': 114 ':c �t?I: ±N r . r` , • X ( s: y�titikf C3 C le,trt kr ;! e4 l rLYS1,,3',r: t z I Pursuant�to Florida Statusi ; 2860105; l.theCityehkerebyi"advises,the, public that if 6 person decides -to appeal= anydecision;made;.b"this Board; Agency,or,Commission,with respect,to,any, matter,considered at its meeting ' hearing,�he or stie:will need a record of;the proceedings;; and that.foi such,purpose,•affected person;may. need to ensue that a' verbatim r6cord,of,the proceedings is made:which,record'includes.thie testimony and evidence upon which the appeal is to be based i=r'I•3:a 9/25. s �a:: t• ..:s �3is "! .+mss i�:ii: `',3 09 3 412/1314811 M•. 1` ..�I::IIF..a1a` ✓I YH�,.y�� .r,�r�� . �;i Y����� In Number. 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