04-03-07 Item 9South Miami
1
NI•Amedca City
CITY OF SOUTH MIAMI ' I'
C o RYa �' OFFICE 01: THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direc
Date: March 20, 2007 ITEM No.� _
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SECTION 20 -7.6 ENTITLED "PARKING" OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE IN ORDER TO REPLACE PROVISIONS RELATING TO THE
HOMETOWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING REFERENCES TO THE
NEWLY CREATED PARKING BOARD; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
Background:
The City Commission at its December 5, 2006 meeting adopted Ordinance. No. 27 -06 -1895 (see attached)
amending the City Code to convert the Parking Committee to the Parking Board. The City Commission
subsequently appointed seven members to the Parking Board. The City Code amendment ordinance states in
Section 2- 26.10(f) that the legislation also supersede and replaces other regulations in the Land Development
Code which refer to an appointment of a Hometown District Parking Committee and its role in making
recommendations to the Commission on parking and the Parking Infrastructure Trust Fund. The newly appointed
Parking Board will assume the duties of that committee set forth in the Land Development Code. The Hometown
District Parking Committee as specified in Land Development Code Section 20 -7.6 (A) (C) is currently inactive
and there are no appointed members.
In order to assure that the Land Development Code regulations pertaining to the Hometown Parking committee do
not conflict with the Parking Board as established in the City Code it is appropriate to modify and in some cases
remove wording in the Hometown District Overlay Zone regulations.
Planning Board Action:
The Planning Board at its February 27, 2007 meeting, after public hearing, adopted a motion by a vote of 7 ayes 0
nays recommending approval the proposed ordinance.
Recommendation:
It is recommended that the City Commission approve the attached draft ordinance on first reading.
Backup Documentation:
Draft Ordinance
Ordinance No. 27 -06 -1895
Parking Fee Policy (2 -6 -96)
Planning Department Staff Report 2/27/07
Planning Board Meeting Excerpt 2/27/07
Public Notices
JP /SAY P: \Comm Items\2007 \3- 20- 07 \PB -07 -010 LDC Amend Hometown Parking CM Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -7.6 ENTITLED "PARKING" OF
THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO REPLACE
PROVISIONS RELATING TO THE HOMETOWN DISTRICT PARKING COMMITTEE
AND SUBSTITUTING REFERENCES TO THE NEWLY CREATED PARKING BOARD;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission at its December 5, 2006 meeting adopted Ordinance. No.
27 -06 -1895 amending the City Code to convert the Parking Committee to the Parking Board; and
WHEREAS, the City Code amendment: ordinance adopted in December, 2006 states that the
legislation will also supersede and replace regulations in Section 20 -7.6 (A) (C) of the Land
Development Code which refer to an appointment of a Hometown District Parking Committee and
its role in making recommendations to the Commission on parking and the Parking Infrastructure
Trust Fund.; and
WHEREAS, the Hometown District Parking Committee as specified in Section 20 -7.6 (A)
and (C) Land Development Code is currently inactive; and.
WHEREAS, in order to assure that the Land Development Code regulations pertaining to the
Hometown Parking committee do not conflict with the Parking Board as established in the City
Code it is appropriate to amend certain wording in the Hometown District Overlay Zone
regulations; and
WHEREAS, the Planning Department has prepared an appropriate amendment to Section 20-
7.6 Land Development Code; and
WHEREAS, the Planning Board at its February 27, 2007, meeting, after public hearing,
approved a motion by a vote of 7 ayes 0 nays recommending that the proposed Land
Development Code amendment contained in this ordinance be adopted; and
WHEREAS, the City Commission desires to accept the recommendations 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 Section 20 -7.6 of the Land Development Code is hereby amended to read as
follows:
Hometown District Overlay Zone
20 -7.6 Parking.
A Hometown District Parkin �� Parking to the Hometown District must be
developed and managed primarily as an element of infrastructure critical to enhancing South
Miami's tax base through economic success of the district. Hometown District parking shall be
subiect to the review of the Parking Board as established by Section 2 of the Code of the City of
South Miami.
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5 Te Board shall
6 report to the city commission no less than annually on the state of parking in the Hometown
7 District and shall from time to time make recommendations to the city commission for changes in
8 the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the
9 allocation of trust fund monies.
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15 (B) Required Parking. Within the Hometown District, the following adjustments to the
1.6 number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
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18 (1) On- street spaces adjacent to a lot shall count toward the parking requirements for
19 that lot; a partial space longer than eleven (11) feet shall count as a full space.
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21 (2) Where arcades are optional; buildings with arcades shall receive an additional
22 five (5) percent reduction in the required number of spaces.
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24 (3) In addition to the above, one of the following may apply:
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26 (a) Two - story buildings shall receive a fifteen (15) percent reduction in the
27 required number of spaces.
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29 (b) Buildings of two (2) or more stories with uses from two (2) of the three (3)
30 use categories provided herein under "Permitted Uses, " each use
31 constituting no less than thirty (30) percent of the gross floor area, shall
32 receive a thirty) (30) percent reduction in the required number of spaces.
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34 (c) Buildings of three (3) or more stories with uses from each of the three use
35 categories provided herein, each use constituting no less than twenty -five
36 (25) percent gross floor area, shall receive a forty -five (45) percent
37 reduction in the required number of spaces.
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39 (C) Procedure.
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41 (1) The required number of spaces shall first be calculated pursuant to Section 20-
42 7.12 for each permitted use. The appropriate reduction in parking spaces shall
43 then be calculated as provided in Section 20 -7.6B above. If the reduction
44 calculated includes a fraction less than a whole number, the reduction calculated
45 shall be rounded up and subtracted from the required (unadjusted) number of
46 spaces to determine the adjusted parking requirement.
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48 (2) The difference between the number of spaces provided, including on street
49 parking, and the number of spaces required shall then be determined. If there are
50 fewer spaces provided than required, the applicant must pay into the Parking
51 Infrastructure Trust Fund a fee, as determined from time to time by the City
52 Commission upon recommendation of the parking board reflecting
53 the actual land and construction costs for parking, for each space required but not
54 provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed
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in a trust account separate from general funds and may be used only for
improvements to the city parking infrastructure to increase parking capacity or to
enhance use of existing parking capacity.
(3) Historic or contributive buildings are exempt from all parking requirements.
(4) Any changes in use in a building will require a re- calculation in the required
parking pursuant to (B) above. If the new combination of uses requires additional
parking spaces, a fee, as determined from time to time by the City Commission
upon recommendation of the parking board * -g eommiue° must be paid into
the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds
will be paid.
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 , 2007
ATTEST:
CITY CLERK
I't Reading-
2 "d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman:
P: \Comm Items\2007 \3- 20- 07 \PB -07 -010 LDC Tech Amend Hometown Ord.doc
South Miami
AIRmericaM
2001
To: Honorable Chair and Date: February 27, 2006
Planning Board Members
From: Julian Pere4�-F Re: LDC Amendment
Planning Director Hometown District Parking Committee
Technical Correction
PB -07 -010
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SECTION 20 -7.6 ENTITLED "PARKING" OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE IN ORDER TO REPLACE PROVISIONS RELATING
TO THE HOMETOWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING
REFERENCES TO THE NEWLY CREATED PARKING BOARD; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The City Commission at its December 5, 2006 meeting adopted Ordinance. No. 27 -06 -1895
(see attached) amending the City Code to convert the Parking Committee to the Parking Board.
The City Commission subsequently appointed seven members to the Parking Board.
Section 2- 26.10(f) of the City Code amendment ordinance adopted in December, 2006 states
that the legislation will also supersede and replace regulations in the Land Development Code
which refer to an appointment of a Hometown District Parking Committee and its role in
making recommendations to the Commission on parking and the Parking Infrastructure Trust
Fund. The newly appointed Parking Board will assume the duties of committee set forth in the
Land Development Code. The Hometown District Parking Committee as. specified in LDC
Section 20 -7.6 (A) and (C) is currently inactive and there are no .appointed members.
TECHNICAL CORRECTION
In order to assure that the Land Development Code regulations pertaining to the Hometown
Parking committee do not conflict with the Parking Board as established in the City Code it is
appropriate to modify and in some cases remove wording in the Hometown District Overlay
Zone regulations.
LDC PROPOSED AMENDMENT
It is proposed that subparagraph LDC Section 20 -7.6 be amended to read: (new wording underlined,
wording to be removed shown with strikethrough)
LDC Amendmentl
February 27, 2007
Page 2 of 3
Hometown District Overlay Zone
20 -7.6 Parking.
(A) Hometown District Parking---. Parking in the Hometown District must
be developed and managed primarily as an element of infrastructure critical to enhancing South
Miami's tax base through economic success of the district. Hometown District narking shall be
subiect to the review of the Parking Board as established by Section 2 of the Code of the City
of South Miami.
The
Board shall report to the city commission no less than annually on the state of
parking in the Hometown District and shall. from time to time make recommendations to the city
commission for changes in the parking system, for the fees paid into the Parking Infrastructure
Trust Fund, and for the allocation of trust fund monies.
01 d- WV affog; Ica n4ainlahLis
(B) Required Parking. Within the Hometown District, the following adjustments to
the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
(1) On- street spaces adjacent to a lot shall count toward the parking requirements
for that lot; a partial space longer than eleven (11) feet shall count as a full
space.
(2) Where arcades are optional, buildings with arcades shall receive an additional
five (5) percent reduction in the required number of spaces.
(3) In addition to the above, one, of the following may apply:
(a) Two -story buildings shall receive a fifteen (15) percent reduction in the
required number of spaces.
(b) Buildings of two (2) or more stories with uses from two (2) of the three
(3) use categories provided herein under "Permitted Uses, " each use
constituting no less than thirty (30) percent of the gross floor area, shall
receive a thirty (30) percent reduction in the required number of spaces.
(c) Buildings of three (3) or more stories with uses from each of the three use
categories provided herein, each use constituting no less than twenty -five
(25) percent gross floor area, shall receive a forty -five (45) percent
reduction in the required number of spaces.
LDC Amendmentl
February 27, 2007
Page 3 of 3
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section 20-
7.12 for each permitted use. The appropriate reduction in parking spaces shall
then be calculated as provided in Section 20 -7.6B above. If the reduction
calculated includes a fraction less than a whole number, the reduction calculated
shall be rounded up and subtracted from the required (unadjusted) number of
spaces to determine the adjusted parking requirement.
(2) The difference between the number of spaces provided, including on street
parking, and the number of spaces required shall then be determined. If there are
fewer spaces provided than required, the applicant must pay into the Parking
Infrastructure Trust Fund a fee, as determined from time to time by the City
Commission upon recommendation of the parking board , reflecting
the actual land and construction costs for parking, for each space required but
not provided. Monies paid into the Parking Infrastructure Trust Fund shall be
placed in a trust account separate from general funds and may be used only for
improvements to the city parking infrastructure to increase parking capacity or
to enhance use of existing parking capacity.
(3) Historic or contributive buildings are exempt from all parking requirements.
(4) Any changes in use in a building will require a re- calculation in the required
parking pursuant to (B) above. If the new combination of uses requires
additional parking spaces, a. fee, as determined from time to time by the fit
Commission upon recommendation of the parking board pw4&W Aw-
must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are
required, no refunds will be paid.
It is important to note that the current fees charged by the City in lieu of providing required
spaces were adopted in 1996 by Resolution No. 32 -96 -9785. (see attached).
RECOMMENDATION
It is recommended that the proposed technical amendment to LDC Section 20 -7.6 be approved.
Attachments:
Ordinance No. 27 -06 -1895
Parking Fee Policy (2 -6 -96)
Public Notices'
JP /SAY
P:\PB\PB Agendas StaffReports12007 Agendas Staff Reportsl2- 27- 07TB -07 -010 LDC Tech Amend Report.doc
ORDINANCE No. 27 -06 -1 895
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2-
26.10 RELATING TO THE PAR.HING AND COMNIITTEE;
PROVIDING FOR THE CONVERSION OF THE PARKING
COM TTEE INTO A PARING BOARD; PROVIDING FOR
APPOINTMENT, QUALIFICA'TONS, DUTIES, AND TERM;
PROVIDING - FOR I
R SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami created section 2 -26.10 of the City of South
Miami code relating to the creation of a parking committee; and,
WHEREAS, the Mayor and City Commission desire to make the parking
committee into a parking board, which board shall be an advisory board; and,
WHEREAS, The City Commission recognizes its duty to provide sound
oversight for parking related issues in the City of South Miami; and,
WHEREAS, The City Commission benefits from expert counsel, independent of
appointed staff, in providing said oversight, and;
WHEREAS, therefore, the mayor and City Commission desire to create a
permanent parking board to consider parking related issues within the City of South
Miami.
NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1 The City of South Miami Code of Ordinances Section 2 -26.10 entitled
` Tarking Committee," is amended to .read as follows:
Sec. 2- 26.10. Parking board. sere:
(a) Created. There is hereby created a parking oemmittee board for the city. Said
se VA W—ee board shall consist of seven members. plivate eitizens. The seven
. Pfiw� ekiwms members shall include two commercial landowners, two
business owners and/or merchants, and three residents of the city.
(b) Appointment and terms of members - Board members
semmittee be appointed by the mayor with the advise and consent of the
city commission to two -year terms or until their successor is appointed.'
Page 1 of 3
Ord. No. 27 -06 -9895
(c) -Chair, vice- chair, and staff. The members shall elect the chair and vice -chair of
the wee board. The city manager or designee shall serve as the executive
secretary -to this Eenmee board.
(d) Quorum. A quorum shall be four members and an afSrmative vote of a majority
of the members present shall be required to pass upon any matter the eemmittee
board recommends.
(e) Duties Parking in the city must be developed and managed both as an element
of infrastructure critical to enhancing the city's tax base through economic
success of the city, and as an important amenity enhancing and protecting the
quality of life within the city. To that end, the duties of the board shall be as
follows:
(1) Meet at least once every three months.
(2) To provide oversight of the supply, convenience, safety, and
management of parking.
(3) The eeee board shall report to the city commission no less than
annually on the state of parking in the city and shall from time to
time make recommendations to the city commission for the changes
in the parking system, for the fees paid into the parking
infrastructure trust fund, and for the allocation of trust fund monies.
(4) The board shall function as an advisory board to the city commission.
(f) Previous ordinance. This ordinance shall supersede and replace section 20-
7.6(A) of the land development code, "Home -town District Parking Committee." The
former hometown district parking committee is hereby replaced by the parking
seee board created bythis.section.
Section 2. . 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 -3. This ordinance shall be effective immediately after the adoption hereof.
Page 2 of 3
Ord. No. 27 -06 -1895
PASSED AND ADOPTED this �� day of lt. a • '2006
ATTEST: APPROVED:
C12C!� Z
CLERK
MAYOR
I " Reading- 10/17/06
COMMISSION VOTE:
5-01
2nd Reading- 12/5/06
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
READ AND APPROVED AS TO FORM:
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
Figueredo,
Office of City Attorney,
Nagin Gallop & Figueredo, P.A.
Page 3 of 3
1
32 -96 -9785
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE ,PARKING INFRASTRUCTURE
TRUST FUND AND ESTABLISHING A PARKING FEE POLICY; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 19, 1993, the City Commission of the City of
South Miami adopted Ordinance No. 19 -93 -1545, titled as the "Hometown
District Overlay ' Ordinance (HD)," which established a Parking
Infrastructure Trust Fund; and,
WHEREAS, certain fees are required to be paid to the Parking
Infrastructure Trust Fund under the provisions of the HID; and,
WHEREAS, on December 19, 1995, the City Commission of the City of
South Miami adopted Resolution No. 204 -95 -9753, which designated 'the
City Manager as the interim representative of the Parking Committee with .
all the duties and responsibilities of the Parking Committee, until such
time as the Parking Committee was established and appointed-by the City
Commission; and,
WHEREAS, the City Manager developed a parking fee policy for the
implementation of the provisions set forth in the HID; and,
WHEREAS, the City Commission desires to adopt this parking fee
policy developed by the City Manager:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. -The parking fee policy developed by City Manager,
attached hereto and entitled "Exhibit A", is adopted..
Section 2. This resolution shall take e immediately upon
approval.
PASSED AND ADOPTED this g day of Februalv , 96.
ATTEST: APPRO _
-.24 4AIZ�D
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR CARVER
ME WAYOR YOUNG
COMMSS;01: *R BASS
CCASAISSiONIER COOPER
CCP1!MBSKAER Cl XINGrPA A
YEA NA- Y
YEA NAY
YEA NtkY._1®\ Pkg Can Ran
YEA � PLAY __
YEA NAY
32 -96 -9785
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE ,PARKING INFRASTRUCTURE
TRUST FUND AND ESTABLISHING A PARKING FEE POLICY; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 19, 1993, the City Commission of the City of
South Miami adopted Ordinance No. 19 -93 -1545, titled as the "Hometown
District Overlay ' Ordinance (HD)," which established a Parking
Infrastructure Trust Fund; and,
WHEREAS, certain fees are required to be paid to the Parking
Infrastructure Trust Fund under the provisions of the HID; and,
WHEREAS, on December 19, 1995, the City Commission of the City of
South Miami adopted Resolution No. 204 -95 -9753, which designated 'the
City Manager as the interim representative of the Parking Committee with .
all the duties and responsibilities of the Parking Committee, until such
time as the Parking Committee was established and appointed-by the City
Commission; and,
WHEREAS, the City Manager developed a parking fee policy for the
implementation of the provisions set forth in the HID; and,
WHEREAS, the City Commission desires to adopt this parking fee
policy developed by the City Manager:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. -The parking fee policy developed by City Manager,
attached hereto and entitled "Exhibit A", is adopted..
Section 2. This resolution shall take e immediately upon
approval.
PASSED AND ADOPTED this g day of Februalv , 96.
ATTEST: APPRO _
-.24 4AIZ�D
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR CARVER
ME WAYOR YOUNG
COMMSS;01: *R BASS
CCASAISSiONIER COOPER
CCP1!MBSKAER Cl XINGrPA A
YEA NA- Y
YEA NAY
YEA NtkY._1®\ Pkg Can Ran
YEA � PLAY __
YEA NAY
-� CITY OF SOUTH -VIIAN11
)INTER- OFFICE NMNIOR -iNDUM
To: Mayor and City Commission Date: January 30, 1996 Iz
�^ < <<.�_ Agenda Item # Z
From: Erie Cox Re: Comm. Mtg. 02106196
City Manager Parking Permit Fees
a
A RESOLUTION OF THE MAYOR AND CIIY CONWSSION OF THE CTIY OF SOUTH I IIAMI,
FLORIDA, RELATING TO THE PARKING WRASTRUCTURE TRUST FUND AND ESTABLISHING A
PARKING FEE POLICY, AND, PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
The City has been approached by applicants who desire to develop and redevelop properties in
the Hometown District. Per the regulations of the Hometown District Overlay Ordinance,
applicants are required to pay fees into a ]Parking Infrastructure Trust Fund. The proposed
resolution adopts the parking fee policy developed by the City Manager, in order to implement
the provisions of the Hometown District.
This parking fee policy establishes a one -time payment of $10,000 per space required but not
provided and allows an option of a $1,000 annual fee for changes of use in existing buildings.
RECONM ENDTAION: Approval.
0*1011:19
PARING FEE POLICY
including revisions adopted by the City Commission
on 02106196
Primary Assumption
Existing buildings and current uses already located in the Hometown District are assumed to
provide the required number of parking spaces, regardless of the number of actual spaces.
Parking Fee
The parking fee is $10,000 per space required and not provided.
Annual Premium
The annual premium in lieu of full payment is $1,000 per space required and not provided.
New Construction under Section 20 -7.6 (C)(2)
For each parking space required but. not provided, the parking fee shall be satisfied by a one -time
payment'in full prior to the issuance of the first building permit. New construction includes
additions and alterations which increase gross floor area or F.A.R. of existing buildings or uses.
New Construction under Section 20 -7.6 (C)(2) - minimum for provided spaces
Substitution -of an impact fee shall not result in'the construction of a new development or the
expansion, alteration, rehabilitation or change of use to an existing development, including the
use of both_ buildings and land, where no . parking spaces are provided for residential. uses.....
Residential uses, not including hotel or motel uses, must provide a minimum of 1 parking space
per dwelling unit, excluding "contributive buildings ". Parking may be satisfied by metered
spaces under the provisions of Section 20 -7.6 (B)(1) and/or by spaces provided on -site.
Change of Use under Section 20 -7.6 (C)(4) - full payment of parking fee option
Owners of buildings or land where proposed changes of use will generate a greater demand for
required parking may provide the additional required parking spaces by the one -time payment in
full of the parking fee for spaces required but not provided at the time of the issuance of the
Certificate of Use and Occupancy in lieu of providing actual parking spaces.
Change of Use under Section 20 -7.6 (C)(4) -. annual payment of parking fee option
Tenants of buildings or land who propose changes of use which will generate a greater demand'
for required parking may provide the additional required parking spaces by payment of a yearly
premium instead of full payment of the parking fee for spaces required but not provided. Initial
payments shall be made at the time of the issuance of the Certificate of Use and Occupancy and
must include the written consent of the property owners. Annual premiums shall be paid at the
time of the renewal of occupational licenses for the use. For tenants, businesses, buildings or
lands which are exempt from payment of occupational licenses, the annual premium shall be
administered in the manner prescribed for occupational licenses.
Change of Use under Section 20 -7.6 (C)(4) - calculation for single occupant change of use
The number of newly required parking; spaces shall be the difference obtained from subtracting
(a) the number of required parking spaces under current requirements for the gross floor area of
the existing uses to be replaced from (b) the number of required parking spaces under current
requirements for the gross floor area of the new use. These calculations apply to single occupant
changes of use only; and, these calculations may not be used in conjunction with Section 20 -4.4,
specifically off - site parking, joint use spaces, MetroRail usage considerations, and valet parking.
Fee Collection- single occupant change of use
The first annual premium shall be paid prior to issuance of the Certificate of Use & Occupancy
[CU]; and, the second and all subsequent premiums shall be paid at the time of occupational
license. renewal. The fist annual premium may be pro -rated based on the following formula,
where X represents the numerical designation of the month in the Fiscal Year that the CU was
originally issued (e.g., Oct. = 1, Nov. = 2, Dec. = 3):: 1" Premium = $1,000 - [ $83 o X] .
Fee Collection - late payments
Monthly interest shall accrue on unpaid funds due to the City in the form of parking fees and/or
annual premiums at the maximum rate permitted by law, or at 1.5% per month [18% annually].
Additionally, a fee of 2% of the total due shall be imposed monthly to cover the City's costs in
administering collection procedures. The parking fee and annual premium shall not be subject to
the 25% late fee established for occupational licenses; and, parking fees and annual premiums
shall not be subject to the $250 fine related to delinquency in excess of 150 days established for
occupational licenses.
Fee Collection - failure to pay
Failure to pay the annual premium within thirty days of the date on which it is be due constitutes
grounds for revocation of occupational licenses issued in conjunction with annual premiums. In
addition, failure to pay shall be regarded as withdrawal from the parking fee program. Owners
and/or tenants shall be required to provide all parking spaces required by current regulations or
cease the use for which the spaces were required. Failure to comply shall subject the participants
to enforcement procedures by the City and may result in fines of up to $250 per day and liens as.
provided by law and revocation of the Certificate of Occupancy, the Certificate of Completion,
and/or the Certificate of Use and Occupancy whichever is appropriate.
Fee Collection - one -time redemption payment
Tenants of buildings or land who propose changes of use which will generate a greater demand
for required parking may at any time pay the full one -time payment for parking required but nor
provided as determined by the calculation for single occupant change of use. One -time payment
shall be at current rates and may not include any discount for premium payments already made.
Revocation - due to misrepresentation or misconduct
The City Manager may revoke approval of annual premium payments and occupational licenses
issued in conjunction thereto, upon a determination that any misrepresentation has been made or
any misconduct is occurring as a result of payment of annual premiums.
Joint Ventures - use of funds collected
The required number of parking spaces under the parking fee program may be provided in a
facility developed through a joint venture agreement with the City and a private or public entity.
Parking spaces for specific uses shall not be reserved in the parking facility but provided to the
public on a first -come, first- served basis, and may include metered parking and valet parking.
i.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 27, 2007
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7: 40 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Ms. Beckman, Mr. Davis,
Mr. Farfan, Ms. Young, and Ms. Lahiff, Ms. Yates.
City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), Eve Boutsis (City Attorney), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications / Public Hearing
PB -07 -010
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -7.6 ENTITLED
"PARKING" OF THE SOUTH ]MIAMI LAND DEVELOPMENT CODE IN
ORDER TO REPLACE ]PROVISIONS RELATING TO THE HOMETOWN
DISTRICT PARKING COMMITTEE AND SUBSTITUTING REFERENCES TO
THE NEWLY CREATED PARKING BOARD; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
AFFECTIVE DATE.
Ms. Young read the proposed ordinance into record. Mr. Youkilis explained that in order
to assure that the Land Development Code regulations pertaining to the Hometown
Parking Committee do not conflict with the Parking Board as recently established in the
City Code it is appropriate to modify and in some cases remove wording in the Hometown
District Overlay Zone regulations.. The revised language states that the Hometown District
Planning Board Meeting Excerpt
February 27, 2007
Page 2 of 2
Parking shall be subject to the review of the Parking Board as established in the City Code.
Upon recommendation from the Parking Board it will be the City Commission that will
determine what the fees should be for the parking infrastructure fund. Ms. Boutsis
explained that she made the suggestions to have this "word cleanup" supersede section 20-
7.6(A). The striking of the wording is a cleanup from the previous ordinance and is simply
to assure that we are complying with the code.
Recommendation: Ms. Beckman questioned whether the parking fee was a one time
fee. In response Mr. Youkilis informed her it is a one time fee however the one time
charge may be divided and paid within a ten year period.
Chairman Morton opened the public: hearing:
There were no speakers on this issue
Chairman Morton closed the public hearing
Motion: Ms. Young moved to approve the variance. Ms. Yates seconded the motion.
Vote: 7 Ayes 0 Nays
PAComm Items\2007\3- 20- 07\Excerpt PB Mins_02 -27 -07 ]Hometown.doc