North Miami Planning Commission Debates Impact Fee Adjustments and Ice Cream Truck Regulations
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Meeting Type:
Planning Board
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Meeting Date:
09/12/2024
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Recording Published:
09/12/2024
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Duration:
134 Minutes
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Towns:
North Miami
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County:
Miami-Dade County
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State:
Florida
- Meeting Overview:
The North Miami Planning Commission met on September 12, 2024, to discuss major updates to the city’s impact fees and to consider regulations for mobile food dispensing vehicles, particularly ice cream trucks, within city limits. The meeting also addressed the integration of these fees and regulations into the city’s existing infrastructure and operational standards.
The primary focus of the meeting was the proposed ordinance PC1 17-95, which involved comprehensive amendments to the city’s Land Development regulations concerning new development impact fees. Assistant Director of Development Services Derek Cook introduced the item, emphasizing the necessity of updating these fees, which had not been revised since 2007. Cook outlined that the proposed amendment aimed to repeal existing water and sewer capacity fees and adjust various impact fees for transportation, parks, libraries, general government, and police services.
The proposed amendments are designed to ensure that new developments adequately contribute to the expansion of infrastructure, aligning with Florida statutes to promote public health, safety, and welfare. Cook explained that impact fees are calculated based on objective factors, such as the number and type of new housing units, and are paid upfront when a building permit is issued. This ensures that new projects contribute fairly to community infrastructure. He underscored that the existing fees were set at 50% of the maximum calculated amounts in 2007 and 100% for water and sewer facilities based on a 2010 study. The proposed adjustments are intended to be proportional to existing infrastructure needs and future costs, with the last increase occurring 17 years ago.
Significant debate arose regarding the effective date of the ordinance, initially set to take effect 90 days after adoption by the mayor and city council. Legal counsel suggested the effective date should be explicitly defined as 90 days after notice of adoption to ensure clarity. This led to a back-and-forth discussion about the exact wording, with suggestions to include “insert date” in parentheses for transparency. The consensus aimed to ensure that all stakeholders, including the public, would understand when the ordinance would take effect.
Another point was the urgency of adopting two ordinances within the year to avoid restarting the study underpinning the fee structures. The existing fees, based on studies from 2007 and adopted in 2010, were noted to require updates, including the repeal and replacement of the transportation fee with a mobility fee and the combination of parks and library fees into a Parks and Recreation fee. Similar changes were proposed for police and general government fees to increase flexibility in allocation.
Further updates included changes to water and sewer fees, shifting from land use-based calculations to determinations by meter size, simplifying the fee structure from 50 to 11 categories. Significant increases in fees were highlighted, such as a 45% increase in parks fees and a 581% increase for retail commercial fees within the general government category. The sewer fee is set to decrease by 28%, while a new stormwater fee will be introduced. The transportation fee, minimal at $140 for a single-family unit, will be abolished in favor of the forthcoming mobility fee.
During the public hearing, a participant questioned the potential fees for a single-family homeowner adding a bathroom, and it was clarified that the proposed changes would not affect existing units, as impact fees apply only to new dwelling units, not additions or renovations.
The commission also debated regulations for mobile food dispensing vehicles, particularly ice cream trucks. The discussion focused on whether to implement new fees at 100% or through a phased-in schedule. There was unanimous support for a 100% fee plan. Following this, the commission considered an ordinance amendment to allow ice cream trucks to operate throughout the city rather than being restricted to certain areas. Derek Cook explained that the amendment aimed to support entrepreneurial opportunities while ensuring public safety and aesthetic considerations.
Concerns about noise disturbances caused by ice cream trucks prompted discussions about noise regulations. Suggestions included implementing a ban on any noise-making devices used by ice cream trucks and limiting the operational hours from 10:00 a.m. to sunset. The idea of a distance-based enforcement standard was proposed, where officers would assess whether noise from an ice cream truck could be heard from a specified distance, such as 500 feet. This approach was considered easier to enforce than a decibel-based measurement.
The commission discussed various enforcement mechanisms, including a warning system similar to red light camera citations, where violators might initially receive warnings before facing fines. The operational hours were agreed upon to be from 10:00 a.m. to sunset, with exceptions for temporary use permits during special events. The commission ultimately approved the regulations, permitting ice cream trucks to operate with the conditions that no amplified sound be audible outside of 100 feet from the source and that music be turned off when the truck is parked.
Alix Desulme
Planning Board Officials:
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Meeting Type:
Planning Board
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Committee:
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Meeting Date:
09/12/2024
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Recording Published:
09/12/2024
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Duration:
134 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Miami-Dade County
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Towns:
North Miami
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