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Ord. No. 31-09-2023ORDINANCE NO. 31-09-2023 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 4.4(F)(2)(c) ENTITLED "SPACES LOCATED OFF - SITE" IN ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY SECTION 20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning Board at its June 23, 2009 meeting adopted a motion requesting staff to prepare amendments to the sections of the Land Development Code dealing with off -site parking leases which sections allow the lease of off -site parking spaces to satisfy a parking requirement which can not be met on site; and WHEREAS, the Planning and Zoning Department has been concerned about the parking lease option in use as a method to receive credit for off - street parking spaces at another location in order to meet required parking spaces; and WHEREAS, the Planning and Zoning Department has prepared amendments to the Land Development Code which will remove provisions in Section 20 -4.4 and Section 20- 7.6 which sections allow the lease of off -site parking spaces to satisfy a parking requirement which can not be met on site; and WHEREAS, the Planning Board at its July 14, 2009 meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nays recommending approval of proposed amendments to Section 20 -4.4 and Section 20 -7.6 of the Land Development Code; 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 Section 20- 4.4(F) entitled "Off- street parking requirements- Location and Ownership of Space " of the Land Development Code is hereby amended as follows: Section 20 -4.4 Off- street parking requirements. (F) Location and Ownership of Spaces. (1) All off- street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. Ord. No, 31 -09 -2023 A (2) Spaces located off -site. (a)Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR, TODD, H. PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and /or RO zoned properties, special use process would be applicable for approval. . to three hundred IF from , ,. the (c) Off-site parking spaces shall be on land eidwr=held in common ownership with the lot on principal unity of title insuring that the required parking will be provided, or as permit &r tile; to par-leing pwposps 4w *14 If at any time off-site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use . occupancy for principal city manager, after notice and hearing. Section 2. That Section 20- 7.6(C)(2)(b) entitled "Hometown District- Parking" of the Land Development Code is hereby amended as follows: Section 20 -7.6 Parking. (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. (a) New Buildings and the addition of floor area to existing buildings: If there are fewer spaces provided than required the applicant must apply for and receive a special exception as per Section 20 -7.51 of this chapter and pay into the Hometown District Improvement Trust Fund a fee as set forth below for each space required but not provided. Ord. No. 31 -09 -2023 (b) Existing Buildings: If there are fewer spaces provided than required for existing buildings, the applicant may: obtain a special exception waiving the number of additional spaces required in accord with the process set forth in Section 20 -7.51 of this chapter; ---bseetian 20 4+F ); or pay into the Hometown District Improvement Trust Fund a fee as set forth below. (c) The fee payment into the Hometown District Improvement Trust Fund for each space required but not provided shall be one thousand dollars ($1,000.00) per parking space per year payable at the time of renewal of the occupational license. This fee may be adjusted periodically by the City Commission as appropriate. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 8th ATTEST: Cz CTrY CLERK I st Reading— 11/ 3/ 0 9 2nd Reading- 12/8/09 READ AND APPROVED AS TO FORM: T �IZ4 ds�C -e .T '�'l ATTORNEY day of December, 2009 A 1lTT /lT >TT. COMMISSION VOTE: 4 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: absent (New wording in bold and underlined; wording removed in W4ke4hroWh) X: \Comm Ttems\2009 \8- 4- 09 \LDC Amend Parking Lease Ord.doc South Miami All-America City CITY OF SOUTH MIAMI 9 OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Roger M. Carlton, Acting City Manager 99d From: Thomas J. Vageline, Director Planning and Zoning Department Date: November 17, 2009 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 4.4(F)(2)(c) ENTITLED "SPACES LOCATED OFF - SITE" IN ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY SECTION 20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE, BACKGROUND At the Planning Board meeting on June 23, 2009 the Board adopted a motion requesting staff to prepare amendments to the sections of the Land Development Code dealing with off -site parking leases. These sections allow the lease of off -site parking spaces to satisfy a parking requirement which can not be met on site. The lease is executed between the applicant who is unable to provide the required on -site parking spaces and another property owner (within 600 -1,000 feet) who has surplus spaces. The leases are for a minimum period of five years and are approved by the City Attorney. If the lease is not renewed, cancelled, or the spaces being leased are no longer available, the business which is leasing the spaces would be unable to obtain an annual occupational license. STAFF OBSERVATIONS (1) The current Land Development Code adopted as a new document in 1989 contained the original language allowing the off -site parking spaces to be counted as required 2 parking. The regulations allowed for the off -site parking to be on a site (within 300 feet) under same ownership as the principle use or it could be on a site owned by another party as long as a 20 year lease was executed. The owner of the off -site parking also had to record a covenant committing the spaces to a long term agreement. It appears that these restrictions were very difficult to accomplish off -site parking which led to revisions in the requirements in 1994 (Ord. No. 17- 94- 1567). This ordinance expanded the distance from the principle use to 1,000 feet and removed the requirement of a 20 year lease. A non- specific lease requirement was put back into the section in 2003 (Ord. No. 11 -03- 1795). (2) The Planning and Zoning Department has been concerned about the parking lease option in use for the last decade as a method to receive credit for off - street pgrkinespaces at another location in order to meet required parking spaces. Although these leasesanust be presented annually when the occupational license is renewed, this section: LDC Section 20- 4.4(F)(2) is difficult to track and enforce. In accepting a lease in lieu of spaces the City must determine if the lot or garage providing the leased spaces has surplus parking and does not have other leases which would use up the available surplus parking. (3) The files of the Planning and Zoning Department indicate that since 1998 only five off -site parking leases between private entities have been accepted by the City as a means to meet required parking. (4) In 2008 the City amended the LDC Hometown District regulations to charge an annual per space fee for all required parking that can not be accommodated on site. It is important to note that the lease of spaces and the payment in lieu of providing spaces essentially produce phantom spaces in that the actual spaces leased or paid for are not reserved or marked at any specific location. (5) The leasing of off -site spaces to meet required parking should be eliminated from use in the Hometown District because there are other alternatives to make -up a deficiency in parking. This includes requesting a special exception or the payment in lieu of a space method ($1,000 annually per space). These funds go directly into the Hometown District Improvement Trust Fund. (6) The leasing of off -site spaces to meet required parking in all other locations in the City should be subject to restrictions in place prior to 1994. Locations using the lease option outside the Hometown District area are usually commercial uses in close proximity to residential areas. Allowing off -site parking up to a 1,000 feet away from a commercial use is not appropriate. The provision of off -site parking should be made more restrictive by limiting the off-site parking spaces to be no more than 300 feet (as in the regulations prior to 1994). In addition the off -site parking area should be under the same ownership as the principle use with a unity of title. PROPOSED LDC AMENDMENTS The attached draft ordinance removes references to the use of off -site parking leases as a 3 method for meeting required parking. The amendment to Parking regulations Section 20- 4.4(F)(2)(c) removes the lease option but still permits the use of off -site parking as required parking if the off -site parking is under the same ownership and within 300 feet. The second amendment is to Section 20 -7.6 (C) in the Hometown District. This section is also to be amended by removing a provision to allow off -site leased parking as an option to substitute for required parking. The regulations remaining will still allow for payment into the Hometown District Infrastructure Trust Fund or the granting of a special exception to meet an on -site parking shortage. PLANNING BOARD ACTION The Planning Board at its July 14, 2009 meeting conducted a public hearing on the proposed amendment. The Board adopted a motion by a vote of 6 ayes 0 nays recommending approval. RECOMMENDATION It is recommended that the attached ordinance be approved on second reading. Attachments: Draft ordinance Planning Board Minutes Excerpt 7 -14 -09 Planning Dept. Staff report 7 -14 -09 Ord No. 17 -94 -1567 Ord No. 11 -03 -1795. Public Notices TJV /SAY X9Comm ltems\2009 \I1- 17- 09 \LDC Amend Parking Lease CM Report.doo CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 14, 2009 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. The Pledge of Allegiance was recited in unison. H. Roll Call Action: Chairman Morton requested a_ roll quorum: Present: Mr. Morton, Ms, Yates, Mr. Absent: Mr. Parfan, Mr. Comendeiro. call. Board members present constituting a Whitman, Mr. Cruz, and Ms. Young. City staff present: Mr. Thomas 7. VageIine (Planning and Zoning. Director), Sanford A. Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria Stout -Tate (Administrative Assistant II). IV. Planning Board Applications/Public Hearings PB -09 -018 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 204.4(F)(2)(c) ENTITLED "SPACES LOCATED OFF - SITE" IN ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY SECTION 20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE, Action: Mr. Whitman read the item into record. Mr. Youkilis stated that the current Land Development Code adopted as a new document in 1989 contained the original language allowing the off -site parking spaces to be counted as required parking_ The regulations allowed for the off -site parking to be on a site (within 300 Planning Board Meeting Excerpt July 14, 2009 Page 2 of 4 feet) under same ownership as the principle use or it could be on a site owned by another party as long as a 20 year lease was executed. The owner of the off-site parking also had to record a covenant committing the spaces to a long term agreement. It appears that these restrictions were very difficult to accomplish off site parking which led to revisions in the requirements in 1994 (Ord. No. 17 -94- 1567). This ordinance expanded the distance from the principle use to 1,000 feet and removed the requirement of a 20 year lease. A non- specific lease requirement was put back into the section in 2003 (Ord. No. 11 -03- 1795). At the Planning Board meeting on June 23, 2009, the Board adopted a motion requesting staff to prepare amendments to the sections of the Land Development Code dealing with off -site parking leases. These sections allow the lease of off -site parking spaces to satisfy a parking requirement which can not be met on site. The lease is executed between the applicant who is unable to provide the required on -site parking spaces and another property owner (within 600- 1000 feet) who has surplus spaces. The leases are for a minimum period of five years and are approved by the City Attorney. If the lease is not renewed, cancelled, or the spaces being leased are no longer available, the business which is leasing the spaces would be unable to obtain an annual occupational license. The Planning and Zoning Department has been concerned about the parking lease option in use for that last decade as a method to receive credit for off street parking spaces at another location in order to meet required parking spaces. It was the staff's position that it is difficult to continually monitor and enforce the subject parking leases and the funds expended by an applicant might serve a better purpose being deposited in the City's Hometown District Improvement Trust Fund. The proposed revisions would require the following re- wording: ,Section 20 -4.4 Off- street parking requirements. (F) Location and Ownership of Spaces. (1) All off - street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces located off -site. (a)Off- -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR, TODD, $, PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off-s#eet site parking spaces may be located and maintained up to three hundred.,7300) feet Lrom the principle use reguiring th additional spaces* &U60PA Planning Board Meeting Excerpt July 14, 2009 Page 3 of 4 with . the lot on principal use will exist under insuring that the required parking lAtill be provided, pfo*i44ing=r@eeFd=n@fiee of the 00 If at any time off-site parking:ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. Section 20 -7.6 Parkink. hometown District regulations (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. (a) New Buildings and the addition of floor area to existing buildings: If there are fewer spaces provided than required the applicant must apply for and receive a special exception as per Section 20 -7.51 of this chapter and pay into the Hometown District Improvement Trust Fund a fee as set forth below for each space required but not provided. (b) Existing Buildings: If there are fewer spaces provided than required for existing buildings, the applicant may: obtain a special exception waiving the number of additional spaces required in accord with the process set forth in Section 20 -7.51 of this chapter; -e° =aurp1`. oFf ); or pay into the Hometown District Improvement Trust Fund a fee as set forth below. (c) The fee payment into the Hometown District Improvement Trust Fund for each space required but not provided shall be one thousand dollars ($1,000.00) per parking space per year payable at the time of renewal of the occupational license. This fee may be adjusted periodically by the City Commission as appropriate. Planning Board Meeting Excerpt July 14, 2009 Page 4 of 4 Staff recommended that the proposed amendments to Section 20- 4.4(F)(2) and Section 20- 7.6(c)(2)(b)(c) as set forth above be approved. Mr. Whitman interjected and stated that this legislation especially important if those spaces do not exist or are being used for other businesses. Mr. Youkilis concurred. Mr. Youkilis went on to say that the best possible way to improve the downtown parking situation is to put money into the Hometown District Improvement Trust Fund. This would accommodate older buildings that were built with out parking. Ms. Yates asked if the City would go back to owners /tenants that already have off -site parking agreements and make them pay into the City's Fund. Mr. Youkilis stated that the City Attorney would have to answer that question, however,he thought that they may have "grandfather" status. Mr. Morton asked if occupants changed would they have to pay into the Hometown fund. He felt that if the tenant changes, then the lease agreement would not roll over and they would also have to pay into the City Fund ' Ms. Young asked if this was a recommendation to the Commission. Mr. Youkilis stated that yes, once the Planning Board approves this recommendation, and then it would go in front of the City Commission. Mr. Morton opened the Public Hearing Speaker: NAME: ADDRESS: SUPPORTIOPPOSE Mr. Oliver van Gundlach 6755 SW 74 Street SUPPORT Mr. Van Gundlach stated that he supported this amendment. He also asked if he could get a future agreement would it be for 600 It up to 1000 ft? He went on to say that be would like to have a map of where people would be able to park for the present and the future. Mr. Morton closed the public hearing. Motion: Ms. Yates made a motion to approve to approve the proposed amendment removing provisions allowing for leasing of off -site parking spaces as a method to provide required spaces. Mr. Cruz seconded the motion. Vote: 5 yes 0 no The motion was adopted. X: \Comm Ite=V009 \8- 4 -09\PB Minutes 7 -14-09 Exeerpt Lease.doc To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Departme Date: July 14, 2009 Tie: LDC Amendment — Parking Leases Sec. 204.4(F)(2)(c); Sec..20- 7.6(C)(2)(b) PB- 09 -01$ Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 204A(F)(2)(e) ENTITLED "SPACES LOCATED OFF - SITE" IN ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY SECTION 20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND At the Planning Board meeting on June 23, 2009 the Board adopted a motion requesting staff to prepare amendments to the sections of the Land Development Code dealing with off -site parking leases. These sections allow the lease of off -site parking spaces to satisfy a parking requirement which can not be met on site. The lease is executed between the applicant who is unable to provide the required on -site parking spaces and another property owner ( witbin 600- 1000 feet) who has surplus spaces. The leases are for a mizaiinum period of five years and are approved by the City Attorney. If the lease is not renewed, cancelled, or the spaces being leased are no longer available, the business which is leasing the spaces would be unable to obtain an annual occupational license. HISTORY OF REGULATIONS The current Land Development Code adopted as a new document in 1989 contained the original language allowing the off -site parking spaces to be counted as required parking. The regulations allowed for the off -site parking to be on a site (within 300 feet) under same ownership as the principle use or it could be. on a site owned by another party as long as a 20 year lease was executed. The owner of the off -site parking also had to record a covenant committing the spaces. to a long term agreement. It appears that these restrictions were very difficult to accomplish off - site parking which led to revisions in the requirements in 1994 (Ord. No. 17- 94- 1567). This ordinance expanded the distance from the principle use to 1,000 feet and removed the requirement of a 20 year lease. A non - specific lease requirement was put back into the section in 2003 (Ord. No. 11 -03- 1795). LDC Ainendneent July 14, 2009 2 STAFF OBSERVATIONS (1) The Planning and Zoning Department has been concerned about the parking lease option in use for the last decade as a method to receive credit for off -street parking spaces at another location in order to meet required parking spaces. Although these leases must be presented annually when the occupational license is renewed, this section (LDC Section 20- 4.4(F)(2) is difficult to track and enforce. In accepting a lease in lieu of spaces the City must determine if the lot or garage providing the leased spaces has surplus parking and does not have other leases which would use up the available surplus parking. (2) The files of the Planning and Zoning Department indicate that since 1998 only five off -site parking leases between private entities have been accepted by the City as a means to meet required parking. " (3) In 2008 the City amended the LDC Hometown District regulations to charge an annual per space fee for all required parking that can not be accommodated on site. It is important to note that the lease of spaces and the payment in lieu of providing spaces essentially produce phantom spaces in that the actual spaces leased or paid for are not reserved or marked at any specific location. (4) The leasing of off -site spaces to meet required parking should be eliminated from use in the Hometown District because there are other alternatives to-make-up a deficiency in parking. This includes requesting a special exception or the payment in lieu of a space method.($1,000 annually per space). These funds go directly into the Hometown District Improvement Trust Fund. (5) The leasing of off -site to meet required parking in all other locations in the City should be subject to restrictions in place prior to 1994. Locations using the lease option outside the Hometown District area are usually commercial uses in close proximity to residential areas. Allowing off -site parking up to a 1000 feet away from a commercial use is not appropriate. The provision of off -site parking should be made more restrictive by limiting the off -site parking spaces to be no more than 300 feet (as in the regulations prior to 1994). In addition the off- -site parking area should be under the same ownership as the principle use with a unity of title. LAC AMENDMENT PROPOSAL The staff revisions set forth above in (3) and (5) would require the following re- wording: Section 20 -4.4 Off- street parking requirements. (F) Location and Ownership of Spaces. (1} All off -street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces located off -site. LDC Amendment July 74, 2009 (a)Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR, TODD, H, PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off- staeet site parking spaces may be located and maintained up to spac =held i 0 on ownership off-site parking _ which with the lot on the principal insuring that the required parking will be provided, the • 1 •. use, e cc - • 1• • •.1 • t" • • •. notice shall be subject to revocation by the city manager, after and Section 2 0- 7 6 Parkin¢. Hometown District reg uIations (C) Procedure. (I) 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 -7.68 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. (a) New Buildings and the addition of floor area to existing buildings: If there are fewer spaces provided than required the applicant must apply for and receive a, special exception as per Section 20 -7.51 of this chapter and pay into the Hometown District improvement Trust Fund a fee as set forth below for each space required but not provided. LDC Amendment July 14, 2009 El (b) Existing Buildings: If there are fewer spaces provided than required for existing buildings, the applicant may: obtain a special exception waiving the number of additional spaces required in accord with the process set forth in Section 20 -7.51 of this chapter•; ' " '"" °`£ or pay into the Hometown District Improvement Trust Fund a fee as set forth below. (c) The fee payment into the Hometown District Improvement Trust Fund for each space required but not provided shall be one thousand dollars ($1,000.00) per parking space per year payable at the time of renewal of the occupational license. This fee may be adjusted periodically by the City Commission as appropriate. RECOMMENAA.TTON It is recommended that the proposed amendments to Section 20- 4A(F)(2) and Section 20- 7.6(C) (2)(b)(c) as set forth above be approved. Attachments: Ord No. 17 -94 4567 Ord No. 11 -03 -1795. Public notices TV /SAY X .,\PB\PB Agendas StaffReposts\2009 Agendas Staff ReportsW- 14- 09 \PB -09 -018 LDC Amend Parking Lease Regulations. doe ORDINANCE NO. 17 -94 -1567 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING § 20 -4.4 (F) OF TIME LAND DEVELOPMENT CODE TO INCREASE DISTANCES FROM OFF - SITE PARKING TO USES SERVED., TO PERMIT OFF -SITE PARKING IN RM.AND RO DISTRICTS, AND TO REMOVE THE REQUIREMENT FOR LEASE AGREEMENTS; REPLACING § 20 -4.4 (G) JOINT USE SPACES; AMENDING § 20 -4.4 (H) TO INCREASE THE DISTANCE FROM METRORAIL STATION TO USES SERVED; CREATING A NEW § 20 -4.4 (I) TO PROVIDE VALET PARKING FOR HOTELS, HOSPITALS, OFFICES, RESTAURANTS AND NIGHTCLUBS; CREATING A NEW § 20 -44.4 (J) TO PROVIDE PROCEDURES REGARDING THE APPROVAL OF SHARED PARKING, VALET PARKING AND REDUCED PARKING' IN PROXIMI'T'Y TO METRORAIL STATION; AMENDING THE NUMBERING OF SUBSEQUENT SUB- SECTIONS; AMENDING SECTION 20 -5.2 TO ADD A NEW SUBSECTION (14); PROVIDING FOR RECOMMENDATIONS FROM THE PLANNING BOARD CONCERNING APPROPRIATE DISTANCE LIMITATIONS AND NIGHTCLUB AND RESTAURANT SEATING THRESHOLD(S); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted a Land Development Code on October 25, 1989, via Ordinance No. 19 -89 -1441, including provisions for off-site parking under § 20 -4.4, and more specifically, Location and Ownership of Spaces under § 20-4.4 (F), Joint' Use Spaces under § 20 -4.4 (G), and MetroRail Usage Considerations under § 20 -4.4 (H);' and, *HEREAS, upon review of these regulations; Administration finds that § 20-4.4 does not adequately address location and ownership of spaces, joint use spaces, MetroRail usage considerations, valet parking and special parking procedures; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: O1- Pu 5 oi&aee P.Ar, i t SECTION I That Section 20 -4.4 (F)(2) be, and hereby is, amended as follows: (F) Location and Ownership of Spaces (1) All off-street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces Located Off -Site (a) Off -site parking spaces shall not be permitted in IBS-, --R-T, RK and RO.L& mo, NR SR GR, I. H PR and PI districts with py_ovisiori that if off - street narking is (dF ut to residential zoned properties and/or RO zoned prOpe e - special use Mcess would be applicable. for approvals rip g r. ::x• o :mac =c ^: s•.• _ t .1* :s :t: •t s•• e•.. (c} off-site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a uzut3L.of title insuring that the required parkin will be provided or held- undex- a-lease- with -a- remaining let oa.whic-h- the- pri*c-ipal •use -will as a condition of the issuance of the building permit for the principal use, the owner of the off -site parking shall record a covenant in form and substance satisfactory to the City Attorney and City Commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time such off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, Certificate of Use, and Occupancy for the principal use shall be subject to revocation by the City MgRager Comffxissien, after.notice and hearing. SECTION 2. That Section 20-4.4 (G) be, and hereby is, replaced in its entirety as follows: w-ft Pw"ns OnN apw p CG) Joint Use Spaces via Spe J I Parkins PC Id w-ft Pw"ns OnN apw p WEEKDAYS WEEKENDS USES F6PX 6 PM thru 6 AM 6 AM thru 6 PM 6 PM thru 12 AM 12 AM thru 6 AM OFFICE OR BANK 100% 5% 10% 5% 5% RETAIL 60% 20% 60% 60% 5% HOTEL 50% 60% 60% 100% 75% RESTAURANT 500 75% 75% 90% l0% THEATER 10% 70% 60% 90% 10% NIGHTCLUB 5% 50% 5% 100% 90% APARTMENT OR TOWNHOUSE 10% 100% 750 100% 100% OTHER USES 100% 100% 100% 100% 100% Step I. For each of the five time perio multiply the minimum number of paz�n s=es required by Section 20-4.4 ($) `pace Requirements Step 2. Add the reDIM of each column The required number of parking spaces shall equal the highest column total SECITON 3, That Section 20 -4.4 (H) be, and hereby is, amended as follows: (H) MetroRail Usage Considerations via Special Puj ing Permit When all or a portion of a proposed structure or use is to be located within 1.500 f five hus&ed-(Sfl9 } €eet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the City. Commission may reduce the number of required off - street parking spaces for such.use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities,-4Lprovided for under 4 20 -4.4 (1). SRCTIOhTT 4. That Section 20 -4.4 (1) be, and hereby is, created as follows: (1� Valet Parking via Special Parking Permit tip to 502o' of the required parking for hotels hospitals, offices and niehtclubs restaurants or retail establishments May he satisfred through tho provision of valet narking spaces vta special p rking ermit approve y afftrmative vote p€ the its Cammtss10 The number of repaired parking paces that are notprovided an tha same pip ty as @te use approved for vale parking shall bg provided via the off site parking provisions m Section ZO -4 4 (F)(21 or fhe�iiv Commission may anur_.=, oYe the use of on street park n spaces t�pioVtde for a port�or • • �, . Wet t gar in s urovided in Section 204-4 (1) shall not make use of off -site parkin located adiacent to residential r erty and/or 120 zoned property after 7:00 P.M. SECTION 5. That Section 20-4.4 (1) be, and hereby is, created as follows: Special Parking Permits may be approved, disapproved or approved with conditions by the affirmative vote of four members of the City Commission. Special Parking Permit procedures shall follow those procedures established for Special Use Permits as set forth in Section 20 -5.g, § (B),(C),(D),(F) &(F) and shall €allow those procedures for Public Hearings set forth in general in Sections 20 -5.1, 20 -5.2, 20 -5.31 20 -5.4, 20-5.5 and 20 -5.6. S,�CTION 6. Section 20 -5.2 of the Land Development Code is amended to add, (144) Off -situ Parking SECTION 7. The Planning Board is requested to recommend appropriate distance limitations and nightclub and restaurant seating threshold(s) for the proposed ordinance as it relates to valet parking. SEC t TON 8 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 9. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 10. This ordinance shall take effect immediately at the thpdof PASSED AND ADOPTED THIS Ist DAY OF ATTEST: Ro mary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil C Mayor MAYOR CARVER VICE MAYOR YOUNG CO M;SSEONER BASS' COMMISSONER CG ER CmIRFS18 O }: t;LMKINIGHAM 1994. YEA YEA Y YEA YEA NAY NAY NAY MAY NAY.,___ c:lreporisloff- site.ord ORDINANCE NO. 11.03 -1795 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH, MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20-4.4 ENTITLED, "OFF-STREET PARKING REQUIREMENTS," IN ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA FOR APPROVAL OF OFF -SITE PARTING COVENANTS, EASEMENTS OR LONG -TERM LEASES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Off - Street Parking Requirements," and permits spaces located off site to be counted towards required parking where certain conditions are met; and, WHEREAS, the section of the Land Development Code addressing such off -site parking arrangements specifies that a covenant in form and substance satisfactory to the City Attorney and City Commission, and, WHEREAS, the City Commission desires that the regulation be clarified to ensure that this provision may be utilized through a covenant, an easement, or a long -term lease; and WHEREAS, a public hearing regarding the proposed amendment was held by the Planning Board April 29, 2003, at which time the Planning Board voted 7 -0 to recommend approval of the proposed amendment to the City Commission; 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 20-4.4 entitled "Off -Street Parking Requirements," of the City's Land Development Code, is hereby amended to read as follows: (F) Location and Ownership of Spaces. (2) Spaces located off -site. Page 1 of 2 Ord. NO. 11 -03 -1795 (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided, or as a condition of the issuance of the building permit for the principal use, the owner of the off-site parking shall record a covenant. easement, or Iona -term lease in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that Iand to parking purposes for the principal use..If at any time such off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. 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 remaimimg portions of this ordinance. Section 4. This ordinance shall be codified and included in the Code of Ordinances. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 3rd ATTEST: CITY CLERIC IstReading- 5/20/03 2nd Reading- 6/3/03 READ AND APPROVED AS TO FORM: CITY ATTORNEY day of June , 2003 APPROVED: MAYOR — COMMISSION VOTE: Mayor Feliu: Vice Mayor Russell: Commissioner Bethel: Commissioner McCrea: Commissioner Wiscombe: 4 -0 Yea Yd Yea Yea not present NOTE: New wording in bold, underlined; wording to be removed indicated by strike -eugh KAComm ttems=03106- 03 -03\LDC Amend off site packing Ordinance revised.doo Page 2 of 2 s�s 'r ,CITY OESOPTH MIAFAI a 11 Id NOTICE OF PUBLIC HEARING NOTICE IS HA Y Iha(11w C ry Gomrtyision of 81e Coy of Sou1tl Ma,m' Floi}do will wnduclPyb)icHeanngs e4i1s fayular Ciry Commjssio0; meebng'so"oduled.lo(Tuvsdey, N vambe'r tT,:jtDOS begn irg517;80 p m. m Iho. Ciry Commssiod Chambers 61305'0nsel Dnve l4 considerl Mafpliowing ilem(s): - AN ORDINANCE OF.THE-MAYOft 0.ND.GF(Y COMMISSION OF.THHE CffY OF SOUTH MIAMI FLORIDA REtAT{NGQO THE YEAR 28tD'GENERAL AND SPECMI ELECTION' OF AND (V, SCHE ULMG THE DIAY �PIACEFAND TMEPOF -THE; ELECTION; PROVIDING; FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF °ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR. NQTIFICATiON;, PROVI'i)AN FOR SEVERABIUTY ORDINANCES IN CONFLICT ANDAN EFFECTIVE DATE AN ORDINANCEOF THE MAVORAND CITYCOMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE' DEVELOPMENT AGREEMENT ADOPTED AS PART-OF' ORDINANCE" NQ:., 12ASt834, AND,,AMENDED BY ORDINANCE NO.' 17 415 1183% WHICH APPROVED THE DEVELOPMENT. AGREEMENT' FOR A PLANNED UNIT DEVELOP,MENT-MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 660"(540 SW 57 AVENUE Ak,n r,t7 �W FJI STRFFT: THE PURPOSE OF THE AMEND- IN AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH C E M SEICTION D ND 2D-13 ENTITLED 'DEFINITIONS' BY ADDING A NEW DEFINITION OF -LAND USE REGULATIONS'; AND ADDING A NEW DEFINITION OF -DEVELOPMENT REGULATIONS- BY I MODIFYING THE EXISTING DEFINITION OF 'REGULATIONS'; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; ANDPROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING DEFINITIONS; PROVIDIN TO WHICH THISORDN NCEAIPPLES; PROVIDING A BA IS FOR ESTABLISHING THE AREAS. OF SPECIAL ROOD HAZARD; PROVIDING A DESIGNATION OF FLOOOPLAIN ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND GREATER RESTRIC- TIONS; PROVIDING FOR INTERPRETATION; PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR VIOLATION; PROVIDING ADMINISTRA- TION; PROVIDING PERMIT PROCEDURES: PROVIDING DUTIES AND RESPONSIBILITIES OF THE ROODRAIN ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD HAZARD REOUC ION; PROVIDING GENERAL STANDARDS; PROVIDING SPECIFIC STANDARDS; PROVIDING STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY ROOOWAYS; PROVI- .....,. �...,..ADne enc, &l7nNP8- PROVIDING FOR TION; DING CONFLICT: AND PROVIDING FOR AN AN ORDINANCE'.OF THE .. MAYOR AND 'THE 'CRY+` COMMISSION OF THE CITY OF SOUTH MIAMI: FLORIDA, AMENDING THE.jAND DEVELOPMENT CODE. 20-61 .. (9X3J„ENSIji.ED AD171NISjRA71`�E- £NT$IES_CI COM MISSION INORDER TO F.�EVISE PROVISIONS REIATEDTU 1' T.4E,VOTEtiEOUIREM5 OF THE C.RA' COMMISSION' ON I .ORDINANCES ;AND, RESOLUTIONS "PERTAiNIyG TO THE ; LANp USE AND'DEVELOPMEN7•REGULATIONS 1yHICH 'WILL BE CONS WITH THE CHARTER AMENDMENT ADAPTED NDVEMBEfE A, 2008, PROVIDING FOR SEVERA BILITY- ORDINANOES IN_CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ' R'..RESOLUTION OF THE MAYOR AND CITY COMMIS5ION. OE- THECITY OF 5QU.TH AUAMI,',RE¢,ATING T,O A REQUEST . PURSUANT TD' S(CTIPN 2113.4(8x4)(b)�DF THE LAND "DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO 'LOGATE'A GENERAL' 4$tAtJRANT AT WDI SW 7Vh STREET (VALENCIA BUILOING) WITHIN THE TODD -MUS' . TRANSIT ORIENTED DEVELOPMENT DISTRICT-MIxEO USE 5' ZONING. USEDISTRICT +' D FIROVJDING AN EFFECTIVE ,A RESOLUTION V,THE IAAYOR AND CRY COMMISSION . OF THE CITY OF.SOUTH A101, RELATING TO A REQUEST PORSUANT '70'- SECTION':�0.314(B)4)(bj OF THE LAND =DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE 'A GENERA#. RESTAURANT AT'SWO SW 73rd STREET WITHIN THE ASR (81)-0V)' SPECIALTY: RETAIL (HOMETOWN , OISTRCTOIERLAY) ZONING DISTRICT; AND PROVIDINGf.NEFFECINEDAM. •� A'RESOLUTION OF THE MAYOR AND CITY COMMISSION .OF. THE..CITY OF.. SOUTH 'MIAMI; FLORIDA RELATING - TO ,THE ISSUANCE OF 'A' CERTIFICATE; OF APPROPRIA- TENESS PURSUANT TO SECTION' 20.5:19(Ex3) OF THE LAND DEVELOPMENT CODE TO PERMIT A WALT, SIGNAGE ALL Interested padies are invited to attend And will be beard. For runner information. please contact the City Clerk's OfTCe at: - 305E63b340. Maria M. Memmdez, CMC Ity Clem Pursuant to Panda SlaMes 286.0105. the City hereby advises the public that if a person decides is appeal any decision made by IM's Boom, Agency or Comm'ssbnawith asspadi to any matlei wnsidered at Its meeting W bmmN, heoY she will needle ecoN of Ure proceedmos, and INA for sueh pamose,.affected person may need to ensure that a velbee,n a mard of the proseedings is made whkh record insludes, 01e testimony and evidence upon which the appeal is to be based. 1116: 0 3- 21911M3386M 9 2W U TLU yz LL F- 0a 0y D FU U mo¢ a�wormO z4go zo F�owO wSO SC+o4o 0��wo '��zWN o °m 3'� zoJEOg z y z "owmw- 5d z e9y ° ocW > 60.. 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Rue w �o'sworn onB¢nppp e�ewa you Rmu noR pp�ee�py� o6etl pua wep s41 uo p�wpH lws�W oyl u� pweatlEC pe eye peyp eayepine en�sn�auoa se pap�nwtl s� (yNpoySa s�yl .----- - - - - -- - ... :uo8duosap Mve :adRl joloo ',.. aPeo24S9(saigeeJ SNBN :auOZ(a6ed /UOR00S O'OLX£ :ezls IWVIW Hlnosdo dllo Jaslpanpy Z096L6t118 :jagwnN uoryasul :aweN Wa8o Z096t6M uagt PV 600Z1804L ,eiep uoi}eoijgnd Q1Baa iut�iau MIAMI DAILY BUSINESS REVIEW Published Daily anepl Saturday, Sunday and Legal Holidays M1aml, MlamLbade County, Florida STATE OF FLORIDA COUNTY OF MIAWDADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says Mat he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review Yk/a Miami Review, a dally (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 AND DATE CHANGE in the XXXX Court, was published in said newspaper in the issues of 11/27/2009 Ad ant 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 mall 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 ea--soNoInmission or rotund for the purpose of sea .Wla- advekiseateR ublication in the said evas paper. \ Sworn to and subscribed before me this 27 agoLN MBER —,_ A.D. 009 nr 1��12/l"I (SEAL) MARIA MESA personally known to me LEr101A he ea ASIA FREEMAN MY COMMISSION AID0710253 EXPIRES August 29, 2011 396 0153 U.; W W w m w W W W W w W W w W W w W w W w w m W W W Y: www^:www Wm mwW ww w w m w m m w w ww W w w O N; WNW<.NNN IRN f?NN mN NwN tVNW %f M ° - z•: a'� O. ..4y Cf t0 Vl l0 < .y et tD m M N A h W tD W 0 00 0 W N T O^ d} N N E K _.o^it NNNNN MN N MNNW NN w NNN WNMIN C c a - c m E _ .... 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