§ 118-1389. Parking user fee for the downtown core.

(a)

Purpose and intent. The intent and purpose of this section is as follows:

(1)

To protect the health, safety and general welfare of the citizens and visitors of Winter Garden.

(2)

To facilitate orderly development within the downtown core.

(3)

To enhance parking level of service within the downtown core and to promote economic well-being within the downtown core and the city as a whole.

(4)

To provide adequate parking for the downtown core.

(5)

To ensure that new and expanding developments that cannot provide adequate on-site parking shall bear a share of the cost for the provision of new or expanded parking facilities.

(6)

To establish a parking trust fund that will be used to maintain existing and future parking spaces as well as to construct new parking spaces.

(7)

To establish a downtown parking fee option for new and expanding developments within the downtown core.

(b)

Generally. As required by section 118-1386, all new and expanding developments and all changes of use of existing buildings and properties within the downtown core must provide adequate parking. At the option of the property owner or business owner, the below parking user fee may be paid in lieu of providing all or some of the required parking.

(c)

Parking calculations. The number of paved parking spaces for new and expanding developments in the downtown core will be as follows:

•  Restaurants - One parking space for each four patron seats.

•  Residential - Two parking spaces for each residential unit.

•  All other allowable uses - Three parking spaces for each 1,000 square feet of gross space.

(d)

Vesting. The current number of parking spaces provided by all existing improved properties are vested for their current use, square footage and parking as of the effective date of this section. Any change of use, modification of square footage of structures or increased use such as outdoor cafes or seating will require a determination or assessment of parking need. If the assessment determines additional parking is needed, that parking shall comply with provisions of this section.

(e)

[Requirements.] Property owner must either provide the required parking on-site, off-site within four hundred feet of the entrance, pay the appropriate amount of the downtown core parking fee or some combination of the three.

(f)

The downtown core parking fee shall be $5,000.00 per space. The fee is based on one-third cost of land and parking to provide a typical space. The downtown core parking fee may be increased at any time by Resolution of the Winter Garden City Commission. The downtown core as identified on Exhibit "A" of Ordinance No. 07-20 may be amended by Resolution by the Winter Garden City Commission.

(g)

Downtown parking district trust fund. The downtown parking district trust fund shall be established at the time of the payment of the first parking user fee. The payment to the trust fund shall be used for the following purposes:

(1)

Acquire, construct, or develop on-street and off-street parking and related facilities on interim or long-term basis.

(2)

Fund the capital costs associated with new, upgraded, and/or expanded on-street and off-street parking areas serving land uses within the downtown core.

(3)

Acquisition of land for future surface parking lots or garage construction.

(4)

Maintenance, including but not limited to lighting, landscaping, striping, signage, and resurfacing, of present and future city-owned parking spaces.

(h)

Reserved parking. Payment into the parking trust fund does not in any way entitle any property or business owner to ownership, use, occupancy or claim to any parking spaces owned by the city. No parking spaces will be reserved for any person or entity and all will remain available for public parking subject to the rules and ordinances of the City of Winter Garden and provided that the city manager may reserve any or all of the parking spaces for emergency, law enforcement, and municipal service purposes, as well as special events and activities.

(i)

Payment. The downtown core parking fee is due prior to the occupancy of applicable buildings and structures. The city manager shall have the authority to negotiate and enter into agreements with downtown core owners allowing the downtown core parking fee to be made in installment payments; provided that at least 25 percent of the parking fee is paid prior to occupancy and the remaining amount due shall be paid in no more than 36 months from occupancy of the applicable buildings and structures.

(j)

Administration. The city manager is authorized to develop any required forms and/or contracts to implement this section. Appeal of staff determination or request for waiver or variance shall be to city manager.

(Ord. No. 07-20, § II, 5-10-07; Ord. No. 09-04, § I, 2-12-09)

Note— Formerly § 118-1390.