Ord. No. 33-06-1901I
ORDINANCE NO. 33 -06 -1901
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 20- 4.4(I)(1) OF THE LAND
DEVELOPMENT CODE RELATING TO VALET PARKING TO
CORRECT SCRIVENER'S ERROR TO CORRECTLY CROSS -
REFERENCE TO RE- NUMBERED SUBSECTION 20- 4.4(M)
RATHER THAN 20- 4.4(L) AND CORRECTING THE TITLE TO
SUBSECTION 20- 4.4(M); PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to amend the city's land development code, section 20- 4.4(I)(1), relating to valet parking
to correct a scrivener's error; and,
WHEREAS, the city has amended both its valet parking and general parking
provisions of the city code several times, including by passing several parking
moratorium ordinances; and,
WHEREAS, due to the amendments the parking code has been re- numbered and
has created new subsections; and,
WHEREAS, due to the renumbering and creation of new subsections, subsection
20- 4.4(I)(1) was overlooked, and the subsection referenced [20- 4.4(L), which subsection
currently relates to parking fees, generally] needs to be corrected to reflect the proper
subsection of 20- 4.4(M), which section specifically relates to valet parking permits; and,
WHEREAS, additionally, the code needs to be amended to correct a second
scrivener's error, which error was to leave the following editorial comment in the code,
which comment was never meant to be a part of the code and should be stricken from the
code, to wit: "[The remaining paragraphs are numbered and reordered.] "; and,
WHEREAS, to ensure that section 20- 4.4(M) is in no way misleading, the Mayor
and City Commission desire to amend the title to 20- 4.4(M) to reflect the title of "Valet
Parking Permit(s)."
WHEREAS, the Planning Board at its October 31, 2006 meeting, after public
hearing , approved a motion by a vote of 6 ayes 0 nays recommending that the proposed
technical amendments to Land Development Code Section 20 -4.4 be approved; and
Additions shown by underlining and deletions shown by eWOFS&iktng.
Ord. No. 33 -06 -1901
2
WHEREAS, the City Commission desires to accept the recommendations
of the Planning Board and enact the aforesaid amendments to LDC Sections 20- 4.4(I)(1)
and 20- 4.4(M) to correct the scrivener's error.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20- 4.4(i)(1) is hereby amended as follows:
(I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the
required parking for hotels, hospitals, offices, and nightclubs, restaurants or
retail establishments may be satisfied through the provision of valet parking
spaces via special parking permit approved by four affirmative votes of the city
commission, pursuant to the following conditions:
(1) The valet parking operation shall comply with Section 20 om -4.4 20-
4.4 , as amended from time to time, of the South Miami Land Development
Code, entitled "Valet Parking Permits."
numbered and mardered+
Section 2. Section 20- 4.4(M) is hereby amended as follows:
(M Valet Parking Permits
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, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Land
Development
Additions shown by underlining and deletions shown by Wig.
Ord. No. 33 -06 -1901
3
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this I ?day of December, 2006.
ATTEST:
Y CLERK
RE APPRO D AS T RM:
Luis lgueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
/(�p . C�. "-r 1 0-
Y
1" Reading — 12/5/06
2'd Reading —1 2/19 / 0 6
COMMISSION VOTE: 5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
Commissioner Palmer:
Yea
P:1Comm Items12006111- 28- 061Ordinance Amending Chapter 20- 4.4.doc
Additions shown by underlining and deletions shown by ^��°�g.
South Miami
All- Amedca City
I
" - CITY OF SOUTH MIAMI
•caRPORn�� OFFICE OF THE CITY MANAGER
ssz7
INTER - OFFICE MEMORANDUM 2001
To:
Via:
From:
Date:
The Honorable Mayor Feiiu and Members of the City Commission
Yvonne S. McKinley, City Manager
Sanford A. Youkilis, Acting Planning
December 5, 2006
Directo
ITEM No.
Subject
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 20- 4.4(I)(1) OF
THE LAND DEVELOPMENT CODE RELATING TO VALET PARKING TO CORRECT
SCRIVENER'S- ERROR TO CORRECTLY CROSS - REFERENCE TO RE- NUMBERED
SUBSECTION 20- 4.4(M) RATHER THAN 20- 4.4(L) AND CORRECTING THE TITLE
TO SUBSECTION 20- 4.4(M); PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE
Background
The subject amendment to LDC Section 20- 4.4(l)(1), relating to valet parking is to correct a scrivener's error.
During the past several years the city has amended both its valet parking and general parking provisions several
times, including the passing several parking moratorium ordinances. During the process of inserting the revisions
into the LDC an error was made in the re- numbering process resulting in an incorrect reference.
LDC Section 20- 4.4(1)(1) which provides allows the issuance of valet parking permits states that the standards and
regulations for operating a valet parking service are in Sec. 20- 4.4(L). That is an error as subsection (L) relates to
parking fees. The reference should be to Section 20- 4.4(M), which does contain standards and regulations for
operating a valet parking service. The technical amendment as shown in the attached draft ordinance prepared by
the City attorney corrects this reference error. The ordinance also corrects two other technical errors contained in
Sec. 20 -4.4 (M).
The Planning Board at its October 31, 2006, after public hearing, adopted a motion by a vote of 6 ayes 0 nays to
recommend that the above technical amendments to LDC Section 20 -4.4 be approved.
Recommendation:
The technical amendments as shown on the attached draft ordinance should be approved on first reading.
Backup Documentation:
Draft Ordinance
Planning Department Staff Report 10 -31 -06
Public notices
SAY
R\Comm Items12006111- 28- 061LDC 20-4.4 Tech Amend CM Report.doc
MIAMI DAILY BUSINESS REVIEW
Published Dairy BXcapl Satr+rdaY, Sunday and
Legal Holidays
Miami, Miami -Dade county, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADS:
Before the undersigned authority personally appeared
SOCKIE WILLIAMS. who an oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review flkla Miami Review, a daily (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 - DECEMBER 19, 2006
in the )0= Court,
was published in said newspaper in the issues of
12108/2006
AfFiant 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 mail matter at the post
office in Miami in said Miaml -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 hear
she has neither paid nor promised any person, firm or corporation
any N . unt, rebate, commission or refund for the purpose
I ec ng this advertisement for publication In the said
n per. A
Sworn to and subscribed before me this
09 day 0( DEC —�, , A.D. 2006
(SEAL)
SOCKIE WILLIAMS personalty known to me
- _CIiY.OF.i
TO`
'PION 20-44(M)- PROVIDING FOR SEVERABILII'Y, ORDt- - ;
NANCES IN CONFLICT AND AN EFFECTIVE. 9
AN ORDINANCE OF THE MAYOR AND. CITY COMMISSION
;OF T -.-!
HE CITY OFSOUTH MIAMI, - FLORIA, RELATING TO A_
REQUES TTOAMENDTSE OFFICIAL ZONING MAPOF .THE �d
=.CITY_OF.SQIITH_MIAI4U LAND DEVELOPMENT.. CODE -BY.; ,
CHANGING THE ZONING USE DISTRICT FROM 'R" SIN-- : ?s:
GLE FAMI.I.Y.RES.IDENTIAL ZONING DISTRICT TO.'.FIT -6 ".. +
_ ,C.: TOWNHOUSE RESIDENTIAL ZONING DISTRICT FOR PROP-.;•_.. -i
-ERTY LOCATEDAT WO MANOR LANE; THE PURPOSE OF t
THE ZONE CHANGE 15 TO ALLOW - _CONSTRUCTION OF
TWO TOWNHOUSE RESIDENTIAL UNITS PROVIDING FOR
SEVERABILITY PROVIDING FOR ORDINANCES IN CON
FIJCT AND PROVIDING AN EFFECTIVE DATE.
- <, AN ORDINANCE OP_ THE MAYOR AND CITY:COMMIS510N..
OF THE CITY OF SOUTH MIAMI, FLORIDA, -AMENDING . =:'
CHARTER 3OFTHE C" of SOUTH MIAMI CODE OF ORDF
rBurt;_ORDINANCES .IN CONFLICT; AND PROVIDING AN—',
EFFECTIVE DATE.
AN ORDINANCE.OF THE MAYOR AND CITY COMMISSION
OF THE CI Y OF SOUTH. MIAMI, FLORIDA, RELATING TO. . _,A.
FRANCHISES; wmsE nNG,TO THE ASSIGNMENT- OF:':
:. CABLE. TELEVISION, FRANCHISE FROM CHARTER COM-
'muNICATIONS L.LC. TO ATLANTIC, BROADBAND,.LL.C:;.'.F:
Y Maria 1. Mesa
D0293B55
D 293
._.:.. _-'. - -. " D, i
ARESOLUTION OF iHE.MAYOA ANO CITY COMMISSION -
My Commission
Erc Co missi n
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A j
- REQUEST PURSUANT TO SECTION 20-7.511 VF THE LAND '
:DEVELOPMENT CODE FOR SPECIAL EXCEPiIONS.F.OR A.:::3
MOMD USE DEVELOPMENT PROJECT IN .THE - SR(H"V) °.:;iS
SPEcmuTY RETAIL_(HOMETOWN DISTRICT -- .OVERLAY)'.:`_
ZONING DISTRICT. TO PERmrr SPECIAL: EXCEPTIONS TO.:r
t - - - -= sEanONS 20 -7.68, 20- 7.10B, 26-7.11 IN -ORDER TO: (1) AL -:'.'
°�- LOW ATOTAL LOT COVERAGE OF85%OR 26,633 SQUARE':;.
-. -FEET WHICH E7(CEEDS.THE MAXIMUM 60% LOTXOVEW-J- -
- "- AGE ON SOM DDOE HIGHWAY AND THE MAXIMUM 50°5.; = - -'..
_ :_
LOTCOVERAGEON6W741h STREET; (2)ALLAWA BUILD,
ING TO HAVE 5%163 SQUARE FEET WHICH t_7LCEEDSTHE—, '
is
;...MAXIMUM pEnm F'TED BUILDING SQUARE FOOTAGE OF
E
, -- `'20,000 SQUARE FEET; (3) ALLOW A CURB CUT.TO BE LO- _.a
•; CATED. -ON -SIN VAh -COURT WHICH: LOCATION IS.NOT; ' i
°� ^-SHOWN ON -THE HOMETOWN :DISTRICT- REGULATING .� _
ALL.FOR PROPERTY..GENERALLY.LOCATED.A'T;- ,;.,;:
5956- TO5gUTH03 XfEH[GHWAYPROYIDING FOR § V - "_
...
rnfur -Y rCT - AND -:
(Above dens can he'inspeded in the City CToWS Office Monday Fnday .
du€ing regulIwoffice hours. ;
If you have any Inquiries on Ohe above Qerrhs please contact the City
- .Cierles.officeat305_e63.6340 - - -
- ALL interested partiesate invited toaStand and will beheard_ � -
_ ManaM Menendei ;CMC -.-
r _ - .CdyCisrk -
Pursuant toFiondaStatutes2e6.0106 fheCttyherebyedvisesihaputilic.
:that if a person decides to appeal any decision, made by this Board, Agency
or Commission with respect to any maltar obnstdered at Us`mee6ng or.
hearing, he or she will need a record of the proceackngs, and fiat forsuch'
`purpose; affected person may need to ensure that a verbatim record of
the proceedings- is,made -which record includes the testimony and
' evidence upon whirlh the. appea{ fs to be based.
i
.1216 - . -. - 06- 3- 75/761362iuf
NEIGHBORS CALENDAR
topers Building
7munity, exhibi-
' Jewish partici-
,ent of Florida.
,meanies or
les are por-
ohicaf profiles
ut 60C visuals
ins of their pro-
r: 400 SE Sec -
72 -4634:
of art by local
Dugh Dec. 31.
illery: 2970
oral Gables.
vorks by Maria
31.
iW 73rd St.,
4659:
traphy, a n
-white photo-
n Cesar-Bar-
versity of
Coral
Jdentsand
- options, free
Jniverslty of
and staff, and
'84 -3535 or go
, Dreams
ttings that
liami artist's
f his exile in a
Ath 50 of his
i0 p.m. daily
.m.);12400
mi -Dade;
3 -12; children
or seniors 65
ersonnel,
to take the
go to miami
metrozoo.corn: -.
• the Scoop on Poop, a 5,000
square -foot traveling exhibition on
what poop is and how animals and
humans use it: through Jan. 10.
MBxican Cultural Institute: 5975 Sun-
set Dr, South Miami; free.
796- 268 -4910:
i Ego, anew collection of works by
Cuban - Mexican artist Lllises
Gonzalez; through Jan, 4.
Miami Art Central: 5960 SW 57th
Ave., South Miami. 305-455.3333 or
go to miamiartcentral.org;
• New Years Eve Exhibit. 6 -i0 p.m.
Dec.8 opening reception, Continues
Dec. 31,
Miami Art Museum: 10 a.m. -5 p.m.
Tuesday - Friday, 10 a.m. -9 p.m, third
Thursday, noon -5 p.m. Saturday-Sun-
day; 101 W. Flag ler St„ Miami; $5
adults, $2.50 seniors, chi €dren li and
under and students with lD free.
305- 375 -3000:
a Mark Dion, a two -part installation
focussing on local natural Surround-
ings: through Jan. 14,
• Lorna Simpson, an exhibition fea-
turing an examination of racial -and
gender identity through large -scale
Photograph and text works: through
Feb.4.
• Modern Photographs: The Machine,
the Body and the City, gifts from the
Charles Cowles Collection featuring
101 pieces of art: through April 15.
Miami Center for the Photographic
Arts., 1601 SW First St., Miami; free.
305 -649 -0324:
• Errant, photography of random
locations by Axel Stein: through Dec.
29.
• TwentyAmericans, photography
by Vieri Tomaselfi: through Dec. 29.
Miami Dade College Wolfson Cam=
pus: held in the James K. Batten Com-
munity Room, Bldg. 2; 300 NE Sec-
and Ave., Mia mi. 305-274-2103:
• Wounds ofNumanify, large panels
with interperative visuals by Nall;
through Jan. 14.
s Wounded Dove of Peace, a 13 -foot
two -ton bronze sculpture by Nall;
through Jan. 14.
mfArte Gallery: 85 Merrick Way,
Coral Gables. 305-445-2783:
• 85 @85, an exhibition of no less
than 85 artists presenting as a color -
fuimosaic of 255 separate canvases,
each a unique work of art that will be
sold separately: through Jan. 27.
Mosquera Orthodontics: 1245 SW
87th Ave, Miami; free. 305-264-3355:
• An exhibition of art worst by local
contemporary artist Miguel Angel
Giovanetti: through Jan. S.
Museum of ContemporaryArt
(MOCA): A permanent collection,
traveling exhibits; 770 NE 125th St.,
Joan Lehman Building, North Miami;
$5,$3 seniors and students with ID,
free for children 11 and under, and res-
idents and employees of the City of
North Miami and members; IT a.m. -5
p.m. Tuesday- Saturday; noon -5 p.m.
Sunday. 305 - 893 -6211:
• Elusive Signs; Bruce Nauman works
with Light, exhibition in which Bruce
Nauman addresses the essential efe-
ments of human existence, challeng-
ing the parameters of contemporary
art through nontraditional materials:
through Jan, 7.
• City Beneath the Sea, a new pro-
duction and exhibition with mario-
nette sculptures by Pablo Cano:
through Dec. 23:
Praxis International Art: 2960 Ponce
de Leon Blvd., Coral Gables.
305- 443 -9700 or go to praxis -
art.com:
'TURN TO CALENDAR, 28
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' COURTESY NOTICE
CITY OF SOUTH MIAMi, FLORIDA
On Tuesday, December 19, 2006, beginning at 7:30 p.m in the City Commission
Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to
consider the following items:
AN ORDINANCE RELATING'TO AMENDING CHAPTER 2044(l)(1) OF THE
LAND DEVELOPMENT CODE RELATING TO VALET PARKING TO CORRECT
SCRIVENER'S ERROR TO CORRECTLY CROSS - REFERENCE TO RE- NUMBERED
SUBSECTION 2D- 4,4(M) RATHER THAN 24- 4.4(L) AND CORRECTING THE
TITLE TO SUBSECTION 20- 4.4(M).
AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING
MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
CHANGING THE ZONING USE DISTRICT FROM "RS -3" SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT TO "RT -6" TOWNHOUSE RESIDENTIAL
ZONING DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE
PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF TWO
TOWNHOUSE RESIDENTIAL UNITS.
AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE
OF ORDINANCES BY REVISING ARTICLE A ENTITLED "ADVERTISING .
BENCHES- TO REGULATE ADVERTISING AT; IN OR ON BUS SHELTERS.
All 'ORDINANCE RELATING TO FRANCHISES; CONSENTING TO THE
ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER
COMMUNICATIONS LL.C. TO ATLANTIC BROADBAND, LL.C.
A RESOLUTIDN FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE SPECIALTfY RETAIL ZONING DISTRICT TO PERMIT SPECIAL
26 838 SQUARE FEET WHICHI)EXCEE S THETMAMMUM 60% LOTOCOVERRAGE
ON SOUTH DRIE HIGHWAY AND THE MAXIMUM 5D% LOT COVERAGE ON SW
74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET' WHICH
EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF -
20,D00 SQUARE FEE7.(3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th
COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5956 -70
SOUTH DIXIE HIGHWAY.
Above items can be inspected in the City Cleric's Office, Monday - Friday during regular
office hours.
If you have any inquiries Dn the above items please contact the City Clerk's office at:
305 -663 -6326.
ALL - interested parties are invited to attand and will be heard.
Maria M. Menendez, CMG
City Clerk
'ursuara to Parida Statutes 286.0105, the Ciiy hereby advises the public that if a person decides to
[ppeal any decision made by Ihis Board, Agency or Commission with respW to any matter
onsidenoof uch purpose, a its affected[person maynneed torensure vvifl of proceedings is made
rhich record includes the testimony and evidence upon which the appeal is to be based.
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