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10-20-09 Item 12South Miami All-America City 1 I ".- CITY OF SOUTH MIAMI �`[ORPORATOEP • OFFICE OF THE CITY MANAGER `` 1927 o Rr INTER- OFFICE MEMORANDUM 2007 To: The Honorable Mayor & Members of the City Commission Via: Ajibola Balogun, City Manager From: Thomas Vageline, Director„% Planning and Zoning Departme p Date: Se tember 15 2009 Agenda Item No.: 1.2- - - J Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING NEW SECTION 15(C) TO BE ENTITLED "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY" IN ORDER TO PLACE THE PROVISIONS OF PREVIOUS LAND DEVELOPMENT CODE SECTION 20- 4.4(M) INTO THE CODE OF ORDINANCES AND FURTHER TO INCREASE THE FEES CHARGED FOR RENTAL OF ON- STREET CURBSIDE SPACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: As part of the current budget process the City Administration has determined that certain adjustments in City fees will be needed. It was discovered that the fee charged 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". The removal of this section from the Land Development Code and its placement in the City Code would allow for changes in fees or other valet parking- procedures to avoid being subject to Planning Board reviews and public hearings. 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. PROPOSED AMENDMENT -CITY CODE The subject amendment ordinance provides the complete placement of.what was LDC Section 20- 4.4(M) into the general. Code of Ordinances as Section 15C to be entitled "Valet Parking Permits for the Use of Public Property". This can be done by the City Commission adoption of the attached ordinance placing the section in its entirety into City Code. PROPOSED FEE INCREASE At this time the Administration proposing that the fee schedule for the use of on- street metered parking spaces as part of a valet parking operation ( on page 5 ) Section 15C- 1(a)(2)(b) should be increased as follows: "(b) Rental Fees for Public On/Street curbside spaces. The fee for use of rented spaces shall be $18.00 per space per day, seven days per week, , and 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. The fee adjustment to $18.00 per meter for a full day is equivalent to the income from the use of a metered space for 18 of a 24 hour day. It is also comparable to the fees charged in other municipalities for meter space rentals. See attached data report (e -mail) prepared by the City's Parking Manager. RECOMMENDATION It is recommended that the attached draft ordinance amending the South Miami Code of Ordinances Code be approved. Attachments: Draft ordinance Parking Meter Rental fees Report Public notices TJV /SAY X :• Comm I1ems1200919- I5- 091City Code Amend Insert Valet CMReport.doc 1 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 50 51 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING NEW SECTION 15(C) TO BE ENTITLED "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY" IN ORDER TO PLACE THE PROVISIONS OF PREVIOUS LAND DEVELOPMENT CODE SECTION 20- 4.4(M) INTO THE CODE OF ORDINANCES AND FURTHER TO INCREASE THE FEES CHARGED FOR RENTAL OF ON- STREET CURBSIDE SPACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Land Development Code (LDC) Section. 20- 4.4(M) entitled "Valet Parking Permits" provides regulations on applications, operational standards, fees, and violation fine schedule for the use of on= street metered parking spaces as part of a valet parking operation; and WHEREAS, LDC Section 20 -4.4 (M) is implemented and enforced by the City's Parking Division; and WHEREAS, 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; and WHEREAS, 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 and placed as part of the general chapters of the Code of Ordinances specifically a new Section 15 C to be entitled " Valet parking Permits for Use of Public Property "; and WHEREAS, this ordinance will also set forth an increase in the fees charged for the rental of municipal on- street parking spaces used for the ramping area for valet parking as contained in Section 15C- 1(a)(2)(b); and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the following new Section 15 C entitled "Valet Parking Permits for Use of Public Property" as set forth below is hereby made part of the South Miami Code of Ordinances. 1 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 50 2 Section 15 C Valet Parking Permits for Use of Public Property Sec. 15 C -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. (a) Permits. (1) 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 $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 $300,000.00 per location with a maximum Self Insured Retention (SIR) or deductible of $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 cancellation. 4. 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 1 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 50 51 3 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 authorized in this Section and resulting or accruing from. any alleged negligence, act, omission or error of the valet parking operation, its agents or employees and /or arising from the failure of the valet operation, its agents or employees to comply with each and every requirement of this section or with any other city or county ordinance or State or Federal law or regulation applicable to the valet parking operation resulting in or relating to bodily injury, loss of life or limb or damage to property sustained by any person, firm, corporation or other business entity. (ii) If incorporated, the valet operator shall provide a copy of a certified certificate of good standing. (iii) Notarized written authorization on company letterhead from the owners /operators of the City - licensed commercial establishments for which the valet operator is providing parking services. (iv). Valid occupational license. (v). Identification of the location of vehicle storage space, and proof in the form of an executed lease or rental agreement or notarized letter of authorization from the owner of the property, which shall, include the number of spaces authorized for use by the valet operator, and term of the lease for storage space sufficient to service the establishment for which the permit will be issued. The storage space obtained will be reviewed for sufficiency by the City. (b) Term and Renewal. The term of each permit shall be for one year. ii. Renewal shall be on an annual basis and shall only be granted after approval from the City of South Miami. 4 1 2 (c) Cancellation and Revocation. The City shall cancel and revoke the 3 permit if the valet operator no longer services the commercial 4 establishment that authorized its operation at that location. This 5 cancellation and revocation may be effective whether: 6 7 i. The valet operator voluntarily discontinues service to the 8 establishment; 9 10 ii. The establishment cancels and revokes authorization for the 11 valet operator to service the location; 12 13 iii. The City cancels and revokes authorization for the valet 14 operator to service the location. Cancellation and revocation 15 of the valet permit by the City under any of the above 16 scenarios shall be effective immediately upon service of the 17 notice of cancellation. Under subparagraph "c" above, the 18 City shall inform in writing the commercial establishment 19 being serviced by the valet operator of the cancellation and 20 revocation. Service of the notice of cancellation and 21 revocation shall be by hand delivery or certified mail, return 22 receipt requested. 23 24 (2) Rental and Operation of Municipal Parking Spaces 25 26 (a) Rental of Public Spaces for Ramping. The City shall rent to the valet 27 operator public on- street/curbside parking spaces that shall be used 28 only for the ramping of vehicles. Ramping of vehicles shall consist 29 of allowing customers to enter or exit a vehicle and to turn it over to 30 or retrieve it from valet employees. Ramping shall only be operated 31 in the public on- street/curbside spaces provided for ramping. There 32 shall be no storage of vehicles in the area designated for ramping. A 33 vehicle will be considered stored if it remains in the ramping area 34 for more than fifteen (15) minutes. This policy will be modified 35 after all establishments serviced by the ramp are closed for further 36 business. At this time the City may, at its own discretion, allow 37 vehicles of remaining customers to be parked on the spaces leased 38 for ramping. 39 40 Ramping on public property shall not occur in any other location 41 than the on- street/curbside spaces provided for ramping. Any type of 42 sign, structure or other type of object used to identify the ramp shall 43 not block leased spaces. Vehicle key lock boxes used at the ramp 44 location are not to obstruct pedestrian or vehicular traffic. Leased 45 space shall not be cordoned off with posts, chains or signage of any 46 type except that approved by the City indicating the designation of 47 the rented valet parking area. At its sole discretion and judgement, 48 the City shall provide to the valet operator ramping space in close 49 proximity to the establishment being serviced, if sufficient spaces 50 are available and if the location is considered appropriate. If there is 51 not sufficient space available for rental in front of the establishment, 5 1 the City shall lease spaces as close to the establishment as possible. 2 Ramping will not be allowed if the City determines, at its sole 3 discretion, that it would be an unsafe activity at that location. 4 5 (b) Rental Fees for Public On/Street curbside spaces. The fee for use of 6 rented spaces shall be $18.00 per space per day, seven days 7 per week, based 8 , 9 Fees shall be 10 paid in advance on a monthly basis, commencing on the date the 11 locations are rented to the valet operator by the City. Advanced 12 payment for meter rentals shall not be made for a period exceeding 13 one month. All additions or changes to existing leased public on- 14 street/curbside parking spaces for ramping, shall be paid upon 15 request. All valet space lease requests shall be required in writing to 16 the City Manager or his/her designee, twenty -four hours in advance, 17 and received no later than 3:00 P.M., daily. Exceptions and lease 18 cancellations not made within the prescribed period will be assessed 19 a $20.00 processing fee. The rental fee structure will be reviewed 20 and may be adjusted periodically by the City. 21 22 (c) Number of spaces leased for ramping. The amount of ramping 23 spaces available to the valet operator shall be determined by the 24 frontage of the establishment being serviced provided that there is 25 sufficient public on- street/curbside spaces available for ramping, as 26 determined at the sole discretion of the City. 27 28 (d) Subletting. Leased public on- street /curbside spaces may not be 29 sublet. 30 31 (3) Rental of Additional Parking for Storage of Vehicles for Special 32 Events/Program. 33 34 Storage space required for the operation of a valet service must be provided 35 in parking lots. Facilities must meet all applicable Code and Ordinance 36 requirements of the City of South Miami. The City may lease additional 37 valet spaces for the storage vehicles for special events, special programs, or 38 at the request of the valet operator if the proposed valet storage does not 39 take away from public parking demand in the area. The fee for use of 40 storage parking spaces shall be based on a twelve -hour period at a rate of 41 $10.00 per space /per day. Fees shall be paid in full twenty -four hours in 42 advance of the special event or program. 43 44 (4) Private Storage of Valet Vehicles. 45 46 Valet operators shall store vehicles on private parking lots which are 47 properly zoned and permitted as parking lots. The valet operator shall 48' provide to the City satisfactory documentation from the parking facility 49 owner or management company /agent authorizing the valet operator to use 50 those facilities for the purpose of storing valet parked vehicles. 51 1 (5) Employees and Valet Operators Code of Conduct. 2 3 The valet parking operator shall require its employees and independent 4 contractors to meet the following requirements: 5 6 (a) All employees who operate motor vehicles shall have a valid Florida 7 driver's license in good standing and shall abide by all City of South 8 Miami and Miami -Dade County traffic regulations. 9 10 (b) All employees shall be in similar uniform. 11 12 (c) All employees shall wear on their uniform a name tag using printed 13 letters of an easily legible print size identifying the employee's 14 name. Such tag must be placed in a visible location such as the 15 employee's chest. 16 17 (d) All employees shall perform their duties in a courteous and 18 professional manner. Employees found by the City, at its sole 19 discretion and judgement, to perform their duties in a manner that is 20 disruptive to the peaceful enjoyment of " the surrounding 21 neighborhood or in a reckless or unprofessional manner, shall be 22 cause for the City to request the immediate removal of the employee 23 from the valet operation. The City shall issue a Valet Code of 24 Conduct warning to the valet operator for any employee found to 25 perform his duties in a disruptive or discourteous manner. The valet 26 operator will have thirty minutes from the issuance of the warning to 27 remove the employee from its operation fora twenty -four hour 28 period. The employee may not be moved to any other valet location 29 in the City of South Miami. If the employee is not removed within 30 the requisite thirty minute period, the City shall issue a Valet Code 31 of Conduct Violation. 32 33 (6) Operation of Service. 34 35 (a) Identification of Leased Spaces. Leased spaces shall be so 36 designated by the City as leased parking areas. The designation shall 37 be defined by bagged meters and /or clearly marked signs installed 38 on each meter post indicating the parking restriction. 39 40 (b) Ramping. Ramping shall only be operated in the spaces provided for 41 ramping. There shall be no storage of vehicles in the area used for 42 ramping. Ramping on public property shall not occur in any other 43 location than the public on- street/curbside spaces provided for 44 ramping. Ramping from a moving lane of traffic is strictly 45 prohibited. 46 47 (c) Storage. Storage of vehicles shall only be in private spaces or in 48 leased municipal spaces as provided by the City. Other than the 49 leased municipal spaces, there shall be no storage of vehicles on any 50 municipal property whatsoever. The valet operator shall clearly 51 identify the vehicles .in their possession during the entire period that 1 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 (7) (g) 7 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 $200.00 per occurrence. 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. 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 Immediate cessation of Permit service and $250.00 2. Unauthorized /Illegal $150.00 per offense Ramping 3. Unauthorized /Illegal $200.00 per. offense Storage 4. Penalty for Lapse in Immediate cessation of Required Insurance service and $150.00. In Coverage cases where more than one day has lapsed, $150.00 per day fine from date of lapse. 5. No Name Tag $25.00 per offense 6. No Uniform $25.00 per offense 7. No Valid Florida $25.00 per offense /and Driver's License immediate removal of the employee from the valet o &ration. •1 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 50 51 8 (c) Rights of violators; payment of fine, right to appeal; failure to pay civil fine, or to appeal. (i) A violator who has been served a Notice of Violation shall elect either to: 1. Pay the civil fine in the manner indicated on the Notice; or 2. Request an administrative hearing within ten days of receipt of the violation before the Special Master. (ii). The City of South Miami may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. (iii). Additionally, a certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgement by 'the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgement except for enforcement purposes. After two (2) months from the flag of any such lien which remains unpaid, the City of South Miami may foreclose or otherwise execute upon the lien. (iv). As an additional means of enforcement, the City will revoke the valet permit when there are repeated violations of this Ordinance. Specifically, any two (2) violations issued within a three month period for the following operational deficiencies may result in the revocation of the valet permit: Unauthorized/Illegal Ramping; Unauthorized/Illegal Storage. (d) Valet Operator's Responsibility for Vehicles in their Possession. Valet operators shall pay all fines and a fee, including towing charges, arising in connection with a patron's vehicle that is in the possession of the valet operator at the time the charge is incurred. This does• not preclude the valet operator from also being cited for violations of this section which resulted in the imposition of the fines and fee. 1 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 9 (9) 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. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. 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 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2009 ATTEST: APPROVED: CITY CLERK MAYOR 1St Reading —. 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: X: \Comm Items\2009 \9 -15 -09 \City Code Amend Sec 15 C Insert Valet Parking Ord.doc 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 Advertisement of notice 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 thi dvertisem r publication in the said newspaper. Sworn to and subscribed before me this 25 day o SEPTEMBER D. 2009 (SEAL) O.V. FERBEYRE personally known to me �r w� Notary Public State of Florida r4 Veronica Perez eY eny Commission DD819771 moo t`a�. Expires 09/0312012 o gou'r 4 7 • INCOl1►OMTfb , U R�q `CITY OF;, 50UTH MIAMI NOTICE : OF=SPUBLIG- NEARING - NOTICE IS HilkgY giveri that the..City Commission of the City of South Miami, ,Florida vWl(,�.00nduct public Heiaiings at its regular. City 'Commission.; meetipg ,scheduied;yfor.Tuesday; "October 6, 2009 be9innin6 ;af 7:3A;p:m. in.the City bo- ill ssion�Chambdrs, 6130 Sunset Dnve;toconsiderthefollowingitem ( s) ?• ' Ffrst ReadtncF ," t: .0 , ` , ,1`�s•*,; :. _ ` :. AN ORDINANCE .d . THE MAYOWAND,CITY COMMISSION. OFGTHE,CIT;Y OFISOUTH. MIAMI ;- FLORIDA;-AMEND.ING..THE 200SOIITH,MIAAyIf Ea /ALUATIbN,ANR_APPRAISAL.REPORT ( EAR) ,BASED`TEXT AMENDMENT':DOCUMENT ADOPTED B.Y THE; CITY, COMMISSION ONr AUG .A)iAENDI�JG,_ iE COMPREHENSIV,ESP.LAN'FUTU,RE LAND . USE ELEtiAENTr}N tSRDEfi TO ADOPT A NEW FUTURE LAND ..USE MAP�CATE6 ©R` FOR Ti1E SW 62nd AVENUE CORRI DOR if3 1C AIiAEND. ENT fNOULD BE BASED UPON THEN - . ""Alm O Nj•�INEDtiN:t= T;HE�2006'SOUTH." MI "Alm EA EPO�- .:AND WQ�LD BEAPPLICABLE ONLY TO =TFiE�S1/+� 6 n V.EWIUE_CORHIDOR PROVIDING +FOR S RIIBIUTY ORDIN.AI,CESil -IN -CONFLICT . -AND PROVIDING- EFECTI E DATED U at 1r. - ..+,.a -•- ,yuF 31",1 �, ..iff: �� ]C.I'�•5 i.- t`" el� Second.Readfna. r . 1. N ORDIIt1ANC ��AAYOR AND CIT!!•.COMMISSION Y IAMI' FLORIDA`NELATINC TO AN " 7OFzTHECI YAF$jr AMEfSQMENT; T,.O� D DEVELOPMENT- CODE BY,.'- °'. MODIFYING SECTIQ�I��, 2"A(I) AND.tfiEMOVING `SECTION •20-4 4(j�1W -TrLED 1/AL"ET PARKING PERMITS• IN ORDER.. TO PLACE THE SA., ROVISIONSA SEGTIO PROVIDING THE SO;�IIIAMI D,bFiORDINANCES;:_PROV•IDING = FOR SEVERABIi 1TY� PROV -1 NG. FOR. ORDINANCES IN CONFLICT --AWD PRO /IDINGAN EFFVCTIVE DATE ;.,: s �L +ref, ^.yC 534.; ".:�:f.7:L:••. AN F,-TIE'MA�rOR AND CIJaC..COMMISSION OF THE CITY,1jF SOUj'Ff MIAMI; FLORIDA,AELATiNG TO AN AMENDMEI T2T TN..SOl7TF MIAM14ODE:OF:ORDINANC,• - NE1N__S'ECTION;;15(C),.TO;:BE ENTITLED VALETt`..F,IIRKING: PERMf[S( ^f,OR.: USE OF., PUBLIC RFtOPE} i7ORDE [�'C_O�PLACE�THE::PROVISIONS OF PREVIOUS LAND E E(_ ' . ENT.CODE SECTION 20.4.4(M) .INTO THE •''CODI'd3F%%O '8pINANCES'.AND; FURTHER....-TO INCRF- ASE .TFIE,. *fEt,1 CF•IARGED;' FOR ",RENTAL ..OF. z ON STREET .CURBSIDE-SPACES;. P.ROVIDIN& FOR SEVER ABILITY; PROVIDJ119( ?R ORDINANCES)N.CONFL CONFLICT; AND PR WING,AN-EFFECTIVE :DATE:.; ALL Interested part es are invited to attend and will be heard . For further Information, please' contact the: City Clerks: Office at: 305-663m6340.'*. Maria M.Menendez,bivid .: C ity of Pursuant' to Florida Statutes 286.0105,: the City!:. hereby,adurses the public that if a person decides to- appeal. any decision' made, by this Board;.Agency'or.Commission with respect.to,ariy:matter considered at its meeting or hearing,--he or she will need a° record -of:the proceedings, ensure that a and that for such purpose, affected personnidymeed to verbatim record of,the proceedings is mada.which;rscord.inoludes the testimony and•evidence upon which the appeal is.to be' ba$ed . --;; Publication Date: 09/27/2009 Color Type: B&W Description. This ESheet(R) Is provided as conclusive evidence that the ad appeared In The Miami Herald on the date and page Indicated. You may not create derivative works, or in any way exploit or repurpose any content. 3 o 01 °a It 0- v ■ w , 1. a O �eg�a Et Ad Number. 840055502 Client Name: ((��t1..::I1�� .�JN�tF•i�tl j•:�.1(•.1` �s Insertion Number: 840055502 Advertiser: CITY OF SOUTH MIAMI Size: 2X6.0 Section /Page /Zone: NBRS Gables /GS42/Dade Publication Date: 09/27/2009 Color Type: B&W Description. This ESheet(R) Is provided as conclusive evidence that the ad appeared In The Miami Herald on the date and page Indicated. You may not create derivative works, or in any way exploit or repurpose any content. 3 o 01 °a It 0- v ■ w , 1. a O �eg�a Et r m9C5 �OSs��z rn m�.9+O D .mo3 tic °o� szs oo 3c.dn I _3w �w CZ3�1 -mmAy� _ n � r. ���pS� wpyi ZNrO yON�2 m�K2� Om� ➢yy�� �o rSr� I N - f. e- � ; ■ E � Z�mn °�m -p-yy9° d Ny m O GOm Z O�pKZp.°Of rimn rm COO Z m 3 fD �t0 _< m � n� D G'� € x900m ^�mox�a� �CCo S m A 9 0 0 m o°omyym�mav -0--- ooxd Q CC t .w� CO _ y�bA n D� N mm mm K S m O ~On� ~� NA w �T �Vi 1� im ! 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PEREZ, who on oath says that he or she is the LEGAL CLERK, 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 a'tached.copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - OCTOBER 20, 2009 in the XXXX Court, was published in said newspaper in the issues of 10/09/2009 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, comm iss'on or refund for the purpose of securing t ' advertisem t r publication in the said newspaper. Sworn to and subscribed before me this 09 day of OCTOBER , A.D. 2009 - (SEAL) V. PEREZ personally known to me �`Pµy F'Uq_ � Notary Public State of Florida 2 ��ff Cheryl H. Marmer ®: My Commission DD793490 OF1,0a Etpires07118/2012 so .0 T. ? CITY OF 50UTICAIAM1 NOTICE.O -. PUBLIC'HEARING - g -s`:' oz— NOTICEIS HEREBY gtven.that the City Commission of -the City.of S6uth- Miami; Flonda "twill•a,conductxPublic xHearirige^ afls.its'.reguldC City Commission;:^ meeting,) ischeduled ;'for'r:Tuesday,106tober :20; 4009 beginntng-at:7i30rp m ,ir -the• City" Commission Chambers;:6130 Sunset Ddve,:to con'sid`er -the following item(s):'�` k''- AN•:ORDINANCE OF)THE MAYOR ,'AND CITY• COMMISSION OF' THECITY: OFS' OUfH ,MIAMI;tFLORIDA;RELATING•TOAN -'.< cAMENDMENT'T6 TFiE'LAND •DEVEL•OPMENT 'CODE :BY, MODIFYING,--SECTIONf20- 4.4(1) AND,REMOVING.SECTION :a...� 20 =44(M) ENTITI�EDt,VALET:RARKING PERM ITSs IN ;,ORDER �P' •;" }• • TO:�P..L110ErTHEtSAME - PROVISIONS),IN'sSECTION'15(C) �OF:'-� - - THE;SOUTH -MIAMI-CODE OF•ORDINANCES; 'PROVIDING': : FOIRgSEVERABILITY -RkovIbik6,:FOR :ORDINANCES IN, CONFLICT AND PROVIDING AN EFFECTIVE ,OA, TE AN�ORDINANCE OF THE MAYOR AND .- CITY COMMISSION ' o' OFTHE OITY;OF`SOUTN'MIAMI, FLORIDA; .RELATINGiTO AN s AMENDMENT TO THE.SOUT.H,MIAMI-.CODE OFORDINANC t;E$- :BY> ADDING `NEN. 8ECTION' 15.(C) TO_:'BE ENTITLED ` °VALET PARKING PERMITS- FOR.USE "OF PUBLIC PROPER =,'- TY_'IN:ORDER.TO'PLACE;THE FROVISION$-OF -'PREVIOUS-, . D E VELOPMENT CODE SECTION 20-4.4(MPINTOTHE ' CODE OF;ORDINANCES AND'FURTHER TO INCREASETHE ",rFEES.CHARGED.'FOR.RENTAL OE ON- STREET'CURBSIDE SPACES;+ PROVIDING FOFt: �SEVERABILITY; - PROVIDING FOR O.RDINANCES%lNoCONFLICT " AND PROVIDING` ^'AN ' - ;EFFECTIVbDATE. r:: ; _ }m r ":' ., AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE 2007.SOUTH.MIAMI EVALUATION AND APPRAISAL REPORT (EAR) 'BASED TEXT AMENDMIENT- DOCUMENT ADOPTED BY :THE''CITY COMMISSION ON: AUGUST 123 _=2007; BY AMENDING -THE. COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT`INORDER TO ADOPT A NEWFUTURE LAND USE MAP CATEGORYrFORaTH�E.SW 62nd AVENUE CORRI- DOR WHICH - AMENDMENT =INOULD;;BE:BASED UPON THE RECOMMENDATIONS, CONTAINED IN.THE 2006 SOUTH MI- . AMI EAR REPORT AND WOULD BE.APPLICABLE ONLY TO THE SW 62nd AVENUE 'CORRIDOR;'PROVIDING'-FOR.SEV- ERABILITY,.ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE: ' t AL•L interested - parties are invited to attend and will be heard. For further informatiori;t' please 'contact ttie' City Clerk's.' Office" at: 305 - 663-6340. - ",' Maria M. Menendez', 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; affebted person mayneed to ensure that a' verbatim record of the proceedings is .made Whict 'frecord includes the testimony and evidence'upon which the appeal is to be.based:- 1.0/9 09 ?3-21 M.325300M