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Ord No 18-11-2091ORDINANCE NO. 18-11-2091 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that standards and requirements for off - street loading by creating Section 20 -4.4 (M) entitled "Off- Street Loading Requirements" providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, presently there are issues associated with loading and/or unloading services throughout the City of South Miami; and WHEREAS, a section of the Land Development Code can be added to provide for the regulation of loading and /or unloading; and WHEREAS, the City of South Miami desires to amend the Land Development Code to set forth that standards and requirements for "Off- street loading "; and WHEREAS, the Planning and Zoning Department has prepared an amendment to the Land Development Code by creating Section 20 -4.4 (M) entitled "Off- Street Loading and Unloading Requirements"; and WHEREAS, the Planning Board at its February 22, 2011 meeting adopted a motion by a vote of 7 ayes 0 nay recommending approval of the proposed amendment; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That Section 20- 4.4(M) entitled Off - street loading requirements of the Land Development Code are hereby amended as follows: 20 -4.4 Off - street parking, loading and unloading requirements. M) Off - street parking and loading and unloading requirements. 1) General provisions. Adequate _space for loading, unloading, and delivery of materials goods or services shall be provided and maintained on the same plot as the building which it serves. Where any structure is enlarged or any use is increased extended so that the size of the resulting occupancy comes within the scope of this section the full required amount of loading spaces shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof is changed to a use requiring a loading and /or unloading space, such space shall be supplied and maintained to comply with this regulation section. Ord. No. 18 -11 -2091 (2) Speciacations For the purposes of this section, a loading and /or unloading space shall be an area at the grade level at least 12 feet wide by 35 feet long with 14- foot vertical clearance. Each loading space shall be directly accessible from a street or alley without crossing or entering any other required loading or unloading space, and shall be arranged for convenient and safe ingress and egress by motor truck and /or trailer combination. Such loading space shall also be accessible from the interior of any building it is intended to serve. (3) Minimum conditions. The following minimum conditions shall apply; additional conditions may be imposed as part of a conditional use or final site plan approval Required loading and /or unloading spaces shall not be located in the required front setback. (4) Loading and /or unloading spaces shall be provided and maintained in accordance with the following: (a) For every building or building group or part having a gross floor area of 10,000 square feet or more which is to be occupied for the purpose of commercial or other similar uses requiring the loading and /or unloading by vehicles of material goods or services loading or unloading spaces shall be provided and maintained on the same lot with such building, as follows: Loading and unloading Unloading Spaces spaces and related floor area One space loading 25,000 to and unloading floor area facilities 50,000 to shall sf gross floor area be provided For each area as indicated 50,000 sf gross floor One space below as follows. by gross Loading building and square spaces and related feet: TABLE A Commercial Buildings Number of Loading or Unloading Spaces 10,000 to 24,999 sf gross floor area One space 25,000 to 49,999 sf gross floor area Two spaces 50,000 to 75,000 sf gross floor area Three spaces For each area additional 50,000 sf gross floor One space (b) For every multifamily building or group of buildings having twenty -five (25) dwelling units or more loading or unloading spaces shall be provided and maintained on the same lot with such building(s), as follows. Loading and unloading spaces and related loading facilities shall be provided as indicated below by number of dwelling units: Ord. No. 18 -11 -2091 Multifamily Buildings Number of Loading or Unloading Spaces 25 to 49 dwelling units One space 50 to 200 dwelling units Two spaces Over 200 dwelling units Three spaces (4) No area or facilities supplied to meet the other required parking facilities for a use other than for loading and /or unloading shall be used to meet the requirements of this section for loading and unloading facilities. (5) Nothing in this section shall prevent the collective on- street joint or combined provision spaces of loading or unloading facilities for two or more buildings and /or unloading space or uses, provided buildings Such use shall only be during the that such loading or unloading facilities are equal in size and capacity to the AM combined requirements of the several buildings with or uses and arranged as to be usable thereby. (6) The shall City may authorize the use of existing on- street at parking spaces for the time of renewal purposes of providing loading and /or unloading space for commercial buildings Such use shall only be during the hours of 5:00 AM through 7:00 Manager. AM Monday through Saturday, by application to the City Commission and with the written consent of the adjacent property owner and upon payment of a fee. Said fee shall be paid at the actual time of renewal of Business Tax Receipt and be set by the City Manager. 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 become effective at the expiration of ten days after adoption. PASSED AND ADOPTED this 19 day of April , 2011 ATTEST: APPROVED: T b AY� � MAYO Ord. Commission Vote: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: absent Commissioner Beasley: Yea Commissioner Harris: Yea YAComm Items\2011WON 4- 4- 11 \PB- 11 -011U,oading & Unloading Ordinance - PB- 011(1) with Atty comments Corrccted.doc CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members Via: Hector Mirabile; Ph.D., City Manager J From: Lourdes Cabrera, Acting Director Planning and Zoning Department Date: April 4, 2011 City Commission Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that standards and requirements for off- street loading by creating Section 20 -4.4 (M) entitled "Oft- Street Loading Requirements" providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND There are continuing issues associated with loading / unloading services throughout the City and in the downtown area in particular. The commercial and multifamily areas of the City have issues with the parking of trucks in the street, on sidewalks and in the swales while loading and unloading. There is a need to address this issue in the Land Development Code. This activity is generally addressed in the portion of a code that regulates parking. The topic needs to be addressed for existing commercial buildings without loading areas as well as future buildings. Several other cities and the County have provisions for loading requirements for commercial and multifamily areas. The approach to the loading / unloading topic has been to require that a number of loading spaces be provided depending upon the size of the commercial building or the number of dwelling units in multifamily buildings. PROPOSED LDC AMENDMENT A section of the Land Development Code can be added to provide for the regulation of loading unloading. Proposed wording for such an amendment follows: 20 -4.4 Off - street partying and loading requirements. (M) Off - street narking and loading and unloading requirements. loading spaces shall be supplied and maintained for the structure or use in its enlarged or 2 extended size Where the use of a structure or land or any part thereof is changed to a use re uiring a loading and /or unloading space such space shall be supplied and maintained to comply with this regulation section. (2) Specifications For the purposes of this section a loading and /or unloading space shall be an area at the grade level at least 12 feet wide by 35 feet long with 14 -foot vertical clearance Each loading space shall be directly accessible from a street or alley without crossing or entering any other required loading or unloading space and shall be arranged for convenient and safe ingress and egress by motor truck and /or trailer combination. Such loading space shall also be accessible from the interior of anV building it is intended to serve. (3) Minimum conditions The following minimum conditions having .a gross floor area of shall 10,000 apply; additional square feet or more which conditions may be imposed as part of a conditional is to use or final site of plan approval. similar Required loading and /or unloading spaces shall Three spaces not vehicles be located material in the required loading front provided setback and yard. on the Loading and /or unloading spaces shall be provided and maintained in accordance with the following: (a) For every building or building group or part having .a gross floor area of One space 10,000 and unloading square feet or more which shall is to be be occupied for the purpose of commercial or other similar uses requiring-the loading and /or unloading 75,000 sf gross floor area Three spaces by vehicles of material goods or services, loading or unloading spaces shall be provided additional 50 000 sf gross floor and maintained on the same lot with such building, as follows: Loading and unloading spaces and related 24,999 sf gross floor area One space loading and unloading facilities shall 25,000 to be provided as indicated below by gross building square feet: TABLE A Commercial Buildings Number of Loading or Unloading Spaces 10,000 to 24,999 sf gross floor area One space 25,000 to 49 999 sf gross floor area Two spaces 50 000 to 75,000 sf gross floor area Three spaces For each additional 50 000 sf gross floor One space area (b) For every multifamily building or group of buildings having twenty -five (25) dwelling units or more loading or unloading spaces shall be provided and maintained on the same lot with such buildings) as follows Loading and unloading spaces and related loading facilities shall be provided as indicated below by number of dwelling units: TABLE B Multifamily Buildings Number of Loading or Unloading Spaces 25 to 49 dwelling units One space 50 to 200 dwelling units Two spaces Over 200 dwelling units Three spaces (4) No area or facilities supplied to meet the other required parking facilities for a use other than for loading and /or unloading shall be used to meet the requirements of this section for loading and unloading facilities. (5) Nothing in this section shall prevent the collective joint or combined provision of loading or unloading facilities for two or more buildings or uses provided that such loading or unloading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and arranged as to be usable thereby. (6) The City may authorize the use of existing on- street parking spaces for the purposes of providing loading and /or unloading space for commercial buildings Such use shall only be during the hours of 5.00 AM through 7.00 AM Monday through Saturday, by application to the City Commission and with the written consent of the adiacent property owner and upon payment of a fee Said fee shall be paid at the actual time of renewal of Business Tax Receipt and be set by the City Manager. PLANNING BOARD RECOMMENDATION The Planning Board at its meeting on February 22, 2011 conducted a public hearing and adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed text amendments as follows: 1) To replace the word "yard" with the word "setback ", on the second page, third paragraph; and 2) To add a seventh requirement - Said fee shall be paid at the actual time of renewal of Occupational License. It is recommended that the amendments as set forth above be approved on first reading. Attachments: Planning Dept. Staff Report 2/22/11 (PB -11 -011) Planning Board Meeting Minutes Excerpt of 2 -22 -11 Public Notices Draft Ordinance LCH/Y: \Comm ltemsWI IWON 44- 11\PB- 11- 011VAC Text Amendment -Off Street loading Requirements.doc CITY OF SOUTH MIAMI Planning Board Regular Meeting Minutes Tuesday, February 22, 2011 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 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call 5r Action: Mrs. Yates requested a roll call. Board members present constituting a quorum: Mrs. Beckman, Mr. Cruz, Mrs. Young, Mrs. Yates, Mr. Morton, Mr. Farfan and Mr. Whitman. Board members absent: None. City staff present: Mrs. Lourdes Cabrera - Hernandez (Acting Planning Director), Sanford A. Youkilis (Planning and Zoning Consultant), and Mr. Marcus Lightfoot (Permit Facilitator). City Attorney: Mr. Laurence Feingold III. Planning Board Applications/Public Hearings PB -11 -011 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that standards and requirements for off - street loading by creating Section 20 -4.4 (M) entitled "Off- Street Loading Requirements" providing for severability; providing for ordinances in conflict; and providing an effective date. Action: This is a proposed amendment to be put into a section that relates to parking. Loading in commercial and residential areas has become a big problem. A series of amendments are being proposed that would require a set of off street loading requirements to be part of any new Planning Board Meeting Minutes Excerpt February 22, 2011 Page 2 of 2 building. The division between commercial and multi - family is based on the number of spaces and is divided by size of gross floor area. Each site would have a grade level: 12ft wide, 35ft long, and 14ft vertical clearance space. Multi - family buildings must have a loading space and can not use parking for loading space. Existing buildings can have loading on existing ground parking from 5:00arn to Tarn Monday through Saturday and only by city commission approval. Public Hearing Open: Sharon McCain: She had cc middle of the road blocking problem because it seems to to revise for new restrictions mplained previously because of the big beer delivery trucks in the traffic in the Downtown area at all hours. This ordinance could be apply only to new construction. She suggested the issue be deferred or to add restrictions to address the Downtown issue. General Comments: • This ordinance is following the Palmetto Bay regulations. • The process will be as follows: 1. Application to the city commission 2. Adjacent property must submit application 3. Payment of set fee. • This will apply to new construction throughout the city including any substantial renovations. • Required loading spaces shall not be located in the required front yard. There is a set back area that defines the front yard. Ex. A truck can not park on the required front lawn on both commercial and residential properties. f The City will notify all existing business of the new ordinance and.give them time to comply. • It was suggested that the fee should be linked to their renewal of the annual occupational license. • The fee amount is determined by the City Manager. Motion: Mr. Morton moved the item as amended; Mr. Farfan seconded. Vote: 7 Ayes 0 Nays VII. Adjournment Action: There being no further business before the Board, Mrs. Yates adjourned the Planning Board meeting at 10:54 p.m. Z: \PB \PB Minutes\2011 Minutes \2 -22- 201 1 \PB Minutes Draft Fxcerpt - PB- 11- 01l.doe To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Departure s, Date: February 22, 2011 Ret LDC Amendment — Loading Zone Regulations PB -11 -011 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that standards and requirements for off - street loading by creating Section 20 -444 (M) entitled "Off- Street Loading Requirements" providing for severability; providing for ordinances in conflict; and providing an effective slate. BACKGROUND There are continuing issues associated with loading / unloading services throughout the City and in the downtown area in particular. The commercial and multifamily areas of the City have issues with the parking of trucks in the street, on sidewalks and in the swales while loading and unloading. There is a need to address this issue in the Land Development Code. Tlris activity is generally addressed in the portion of a code that regulates parking. The topic needs to be addressed for existing commercial buildings without loading areas as well as future buildings. Several other cities and the County have provisions for loading requirements for commercial and multifamily areas. Tire approach to the loading / unloading topic has been to require that a number of loading spaces be provided depending upon the size of the commercial building or the number of dwelling units ill multifamily buildings. PROPOSED LDC AMENDMENT A section of the Land Development Code can be added to provide for the regulation of loading / unloading. Proposed wording for such an amendment follows: 20 -4.4 Off - sheet parking and loading requirements. xxx *x (AM Off - street loadinu requirenrerrts. (1) General wovislous Adequate space for loading and unloading of 49,999 sf gross floor area materials, goods or Three spaces thins and for delivery and shipping shall be provided and maintained on the same_ In of as . . . I _ .0 _,.._A ..e e , .inn .0 nw+anflAd en flint section. space shall be directly accessible from a street or alley without crossing or entering any other r egnired loading space and shall be arranged for convenient and safe ingress and egress b (a) For every building or building group or part having a gross floor area of 10,000 square feet or more which is to be occupied by commercial uses or other uses similarly_ retudring fire receipt of distribution by vehicles of material or merchandise loading or unloading spaces shall be provided and maintained on the same lot with such building, as follows Loading spaces and related loading facilities shall be provided as indicated below by gross building square feet: TABLE A Commercial Buildings Number of Loading Spaces 10 000 to 24,999 sf gross floor area One space 25 000 to 49,999 sf gross floor area Two spaces 50 000 to 75 000 sf gross floor area Three spaces For each RI'ea additional 50 000 sf gross floor One space 1u1 same lot with such buildings) as follows.... Loading spaces and related loading facilities shall be Provided as indicated below by number of dwelling mots: 2 TABLED Multifanuly Buildings Number of Loading Spaces 25 to 49 dwelling units One space 50 to 200 dwelling units Two spaces Over 200 dwelling traits Three spaces (5) Nothing in this section loading facilities for hvo are equal in size and cat uses and arranged as to 1 (6) The City may authorize shalt prevent tug or more buildings lacity to the com to usable thereby. the use of existing colleCIMN IUMI v - L 111vRU%,11 or uses provided that such loading facilities tied requirements of the several buildings or on street narking spaces for the purposes of 1 -0 _1 1._v.re_..._ a....0 .,O. OAnu nnto hn application to the City Commission by the adjacent property owner and upon payment of a fee. RECOMMENDATION It is recommended that the amendments as set forth above be approved. Backup Documentation: Public Notices X:\PB\PB Agendas Staff Reports\2011 Agendas Staff Reporls\2 -22 -1 I \PB -11 -011 1.DC Amend loading Zones.doc MIAMI DAILY BUSINESS REVIEW Published angry except Saturday. Sunday and Legal Holidays Mlamf, Mfaml -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V- PEREZ, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k /e Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miamt•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 - FEB. 22, 2011 ITEM: PB- 11.008, ETC. In the XXXX Court, was published In said newspaper In the Issues of 0 211 1/2011 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Miami -Dade Courtly, Florida and that Ilia 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 aftlant 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 this advertisement for publication in the said newspaper. Sworn to and subscribed before me This 11 dayof FEBRUARY A.D. 2011 r (SEAL) V. PEREZ personally known to me I'i ;; Expire�S7�oc�mber���TOIe •'hPf, m „•coo [60MF Our rUJ .L[rGKII&Ulk(I 0M, ff QQjQYVK MkAGLI'L foi f'�••.'., r 4�(j�r4 PLANNING AND M®641rNG DEC�ARrsi ril M 9 V 6130 SUNSET DRIVE; PHONE, (3055 P6M2213p FAX #, (39,5} 6684366 On Tuesday, February 22, 2011 at 7:30 P.M.Jhe City of South Miami Planning Board will conduct public hearings In the City Commission Chambers at the above address on the followmg items: Applicant: 62Avenue Plaza LLC Location: 7150 -7160 SIN 62Avenue . A Resolution of the Mayor and City Commission of the City of Soul Miami, elating to a request pursuant to Section 20 -4A(J) of fhe Land Development Code for Special Use Approval to locate an interim Paridng lot at 7160 -7160 SIN 62 Avenue within the "TODD .(MU -5)” Transit Oriented Development District (Mixed Use 0 Zoning District; providing an effective date. -11.0 9 Applicant: CH111ASoulh Miami An Ordinance of fhe Mayor and City Commission of the city of south Miami, Florida, amending the Land Development -Code Seotten 20.2.3 entitled "Definitions" In order to modify the definition of !,Story" to clearly indicate that a story occupied by. useable square footage and /or parking spaces is considered a single story for the purpose of determining height of a building; providing for severabli ty; providing for ordinances in conflict; and providing an effective date. PS- 11.010 Applicant: -City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending the Land Development Code In order to update certain references and terminology Including the deletion of references to the South Florida Building Code; clarifying references to Mlaml -Dade County; deleting references to the Florida Health and. Rehobgilative Services;, and clarifying references to The Environmental Review and Preservation Board; providing forseverability; providing forordinances in conflict; and providing an effective dale. ' Applicant: Oily of South Miami An ordinance of the Mayor and City Commission of the City of South Mland'Florida, amending the Land Development Code in order to gel forth standards and requirements for off - street loading by creating Section 20.4.4 (N) entitled "off- Street Loading ,Requirements" providing forseverablgty; providing for ordinances In conflict; and providing an effective date. - .All Interested patties are urged to attend. Objections or expresslons of approval may be made in person at the hearing or filed in writing priorto oral the headng.Th l Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best Interest for the area involved. interestecipartles requesting information are asked to contact the Planning and Zoning Department by calling 305, - 663.6326 or writing to the address indicated above. You` are'herebyadvised that If any person desires to appeal any decision made with respeol to any matter considered at this meeting or headng, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings Is made, which reoorc huludes ilia teslimonyandevldenee upon which the appeal Is to be based (F.S. 286.0105). Refer to hearing number when making any Inquiry. Rill 11.3.1fq/1649524M an 5 THUPSDAY, FEBRUAP,Y 17, 2011 SE P.-JEWC HEARING CITY UP SOUTH U41AMI Planning and Toning Dapariment . 6190 Suosaf Drive; South Mlamf, Florida 33143 Phone: (305) 663 -6326; Fat 0: (305) 666 -7356 On Tuesday, February 2¢, 20111 at 7:30 Al the CIty of Souib-Mlamf Planning Board vdll conduct public hearings in the City Commission Chambers at the above addrass on the 1611mving Items: PO-11-008 Applicant: Wye= haze LLC, LocaUow 7150 -7160 SW B2AVeous A Beaolution of the Ptlaynrand Chy'Commiesloa ofthoCfty of South Mlamt,relating to c request pursuant to Secflon 20.4.4(J) of the Land Development Code forSpeclal Use Appiava(la locate an interim farf(Ing lot at 7160-7160 SW 62 Avariue within the "TODD (11911-5)" Transft Oriented Development District (Mixed. Use 5) Zoning-Disirlct; proufding mi effective date, PB -111 -009 Applicant: City of South Miami . An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land � Development Code Section 20.2 -3 enll led'"O rfinithms" In order to modify the definition of. "Story" to clearly Indicate that a story occupied by useable square footage andfor parldng spaces le considered a single story for the purpose of detsrmining height of a building; providing forseverabiiiiy; providing for ordioanees 1p conf lot; and providing an efitdeffve date. PB- 11 -a10 - Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Mlaml, Flmldo, amending the Land Development. Cade to order to update certain references and terminology. Including The dolihmi or references to the South Florida Building Coda; clarifying references to Mlaml -Dade County; deleting references to the Florida Health and Rehabilitative Services; and clarlf /Ing raferenaes to the Environmental Review and Preservation Board; providing for severabiiify; providing for ordinances in conflict; and providing an effective date. PB•11_B1.1 Applicant: Co of South Miami An Ordinance of The Mayor and City Commission of the Cib /of South Mlaml, Florida, amending the Land Development Code in order to set forth standards and requirements toy oft- street funding by creating Basilan 20.4.4 (ND entRied "Off- Street Loading Requirements" providing for seuerafeliity; providing for ordinances In eonf)lol; and providing an effective date, at (he hezdne.ThePlannNeaoardrasev the area Inywiol. 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