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24South Miami Ail•Ame*aCily CITY OF SOUTH MIAMI , I OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members f the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: November 16, 2010 ITEM No. Subject: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -4.4 (D) of the Land Development Code entitled "Required Handicapped Spaces" in order to revise current wording to indicate that all required handicapped parking spaces are regulated by the Florida Building Code; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND During its current review of the entire Land Development Code the Planning and Zoning Department staff has determined that certain provisions need immediate consideration due to legal problems, technical wording errors, or to respond to specific issues. It was recently brought to the attention of staff that certain provisions of the City's section on off - street handicapped parking spaces was not consistent with Chapter 11 of the Florida Building Code (FBC). The FBC essentially supersedes local zoning regulations which govern handicapped parking spaces. The current LDC regulations governing parking lots are contained in Section 20 -4.4 (D). The standards are less strict and in conflict with those in the FBC as to the minimum number of spaces required and width of spaces. PROPOSED AMENDMENT The following amendment mandates that the handicapped parking space regulations in Chapter I 1 of the FBC will be adhered to in South Miami. Attached is a copy of Chapter 11 Part A, Florida Building Code. Section 20 -4.4 Off street Parking Requirements (C) Dimensional Design Standards. (1) Standard non - handicapped parking spaces. All required off - street parking spaces shall be a minimum of nine (9) feet in width by eighteen (18) feet in depth, exclusive of access ways. (D) Required Handicapped Spaces. With either of the above alternatives, off - street parking spaces for the physically handicapped or disabled shall be provided as required by the Florida Building Code ( &FBC). (1) Handicapped spaces shall be a minimum of twelve (12) feet in width by eighteen (18) feet in depth, @r twenty earAguous except for accesswwfg aisles. (2) Access aisles as required by Chanter 11, Florida Building Code, as amended; (3) Signs or symbols indicating as required by & 1'G =Chanter 11, Florida Building Code as amended, " " shall be required for each designated space. (new wording shown in bold/underlined; wording to be removed shown in- strike4hr ought PLANNING BOARD ACTION: The Planning Board at its meeting on September 23, 2010 conducted a public hearing and adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendment. RECOMMENDATION It is recommended that the proposed amendments to Section 20- 4.4(D) as set forth above and in the attached draft ordinance be approved. Attachments: Draft Ordinance Chapter 11, Part A, FBC Planning Dept. Staff Report 9 -23 -10 Planning Board Minutes Excerpt 9 -23 -10 TJV /SAY X: \Comm Items\2010 \11- 16- 10 \LDC Amend Handicapp CM Repon.doc 2 I ORDINANCE NO. 2 3 An Ordinance of the Mayor and City Commission of the City of South Miami, 4 Florida, to amend Section 20- 4.4(D) of the Land Development Code entitled 5 `Required Handicapped Spaces" in order to revise current wording to indicate that 6 all required handicapped parking spaces are regulated by the Florida Building 7 Code; providing for severability; providing for ordinances in conflict; and providing 8 an effective date. 9 10 WHEREAS, during its current review of the entire Land Development Code the I Planning and Zoning Department staff has determined that certain provisions need 12 immediate consideration due to legal problems, technical wording errors, or to respond to 13 specific issues; and 14 15 WHEREAS, it was recently brought to the attention of staff that certain provisions 16 of the City's section on off - street handicapped parking spaces was not consistent with 17 Chapter 11 of the Florida Building Code (FBC); and 18 19 WHEREAS, the current LDC regulations governing parking lots in Section 20 -4.4 20 (D) contain standards for off - street handicapped parking spaces less strict and in conflict 21 with those in the Florida Building Code (FBC) as to the minimum number of spaces 22 required and width of spaces; and 23 24 WHEREAS, the Planning and Zoning Department has prepared an amendment to 25 the Land Development Code which mandates that the handicapped parking space 26 regulations in Chapter 11 of the FBC will be adhered to in South Miami; and 27 28 WHEREAS, the Planning Board at its September 23, 2010 meeting after public 29 hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed 30 amendment be approved; and 31 32 WHEREAS, the City Commission desires to accept the recommendation of the 33 Historic Preservation Board and enact the aforesaid amendment. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 Section 1. That Section 20 -4.4 (D), entitled "Required Handicapped Spaces." is hereby 39 amended to read as follows: 40 41 42 Section 20 -4.4 Off street Parking Requirements 43 * * 44 (C) Dimensional Design Standards. 45 46 (1) Standard non - handicapped parking spaces. All required off - street parking 47 spaces shall be a minimum of nine (9) feet in width by eighteen (18) feet in 48 depth, exclusive of access ways. 49 50 51 (D) Required Handicapped Spaces. With either of the above alternatives, off - street 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 parking spaces for the physically handicapped or disabled shall be provided as required by the SFlorida Building Code ( &FBC). as sha4l be required= (1) Handicapped spaces shall be a minimum of twelve (12) feet in width by - eighteen (18) feet in depth, or twoRty-on, except for accesswwys aisles. (2) Access aisles as required by Chapter 11 Florida Building Code as amended; (3) Signs or symbols indicating as required by SF14 =Chapter 11, Florida Building Code as amended, " " shall be required for each designated space. (new wording shown in bold/underllned wording to be removed shown in-5Hdke-lhreughj 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 be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK I'a Reading — 2 "d Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of 2010 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: X: \Comm Items \2010 \11- 1- 10 \1,DC Amend Handicapp Parking Ord.doc FLORIDA ^ STATE • [ 2007 Florida Building Code: Building (First Printing), includes 2009 Supplement Chapter 11 - Florida Accessibility Code for Building Construction .Printer p—y Reverse Friendly Slinks Table of Contents PART A. INTRODUCTION Section 11 -1. PURPOSE Section 11 -2. GENERAL Section 11 -3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS Section 11 -4. ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL REQUIREMENTS Section 11 -5. RESTAURANTS AND CAFETERIAS Section 11 -6. MEDICAL CARE FACILITIES Section 11 -7. BUSINESS AND MERCANTILE Section 11 -8. LIBRARIES Section 11 -9. ACCESSIBLE TRANSIENT LODGING Section 11 -10. TRANSPORTATION FACILITIES Section 11 -11. RESIDENTIAL BUILDINGS Section 11 -12. THEME PARK OR AN ENTERTAINMENT COMPLEX Part B. Design Guidelines for Accessible /Adaptable Dwellings Section 1. Introduction Section 2. Definitions Section 3. Fair Housing Act Design and Construction Requirements Section 4. Application of the Guidelines Section 5. Guidelines PART C. CSI "Vo7 Chapter 11, Part A - INTRODUCTION [Send to printer ( Save to computer] PART A INTRODUCTION In 1993 the Florida Legislature enacted the "Florida Americans with Disability Accessibility Implementation Act." The purpose and.intent of this Act (Sections 553.501- 553.513, Florida Statutes) is to incorporate into the laws of Florida the accessibility requirements of the Americans with Disabilities Act of 1990, Public Law No. 101 -336, 42 U.S.C. Section 12101 et. seq. ADA, while at the same time to maintain those provisions of Florida law that are more stringent than the ADA accessibility guidelines, that is, those provisions which are more favorable to the needs of the disabled. In 1997 the legislature amended the Act to complete the move to establish consistency of the Florida accessibility building code to the Federal ADA Accessibility Guidelines as adopted by the Department of Justice at 28 CFR part 36, Appendix A. Nothing in Section 553.501 - 553.513 is intended to expand or diminish the defenses available to a place of public accommodation under the Americans with Disabilities Act and the federal Americans with Disabilities Act Accessibility Guidelines, including, but not limited to, the readily achievable standard, and the standards applicable to alterations to places of public accommodation. Accessibility is a multifaceted issue within the issues of life today. The legislative actions of the 101st Congress which implemented the Americans with Disabilities Act of 1990 and previous acts of the Florida Legislature have been combined in the following pages to reflect accessibility laws as they relate to most areas of construction in Florida. Areas of employment as related to accessibility and/or complaints would be the responsibility of the Equal Employment Opportunity Commission, 1- 800 - 669 -4000 or 305 -536 -4491. E -Codes Page 1 of 3 Chapter 11, Part A, Section 11-4,(1)(2) 11 -4.1.2 Accessible site and exterior facilities: new construction. This edition of the code does not apply to buildings, structures, or facilities which were either under construction or under contract for construction on October 1, 1997. Nothing in this code shall be construed to relieve the owner of any building, structure or facility from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the code requires an elevator to be installed in such building, structure or facility, except: (1) elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, and automobile lubrication and maintenance pits and platforms; (2) unoccupiable spaces, such as rooms, enclosed spaces, and storage spaces that are not designed for human occupancy, for public accommodations, or for work areas; and (3) occupiable spaces and rooms that are not open to the public and that house no more than five persons including, but not limited to, equipment control rooms and projection booths. However as provided in Section 553.509, Florida Statutes, buildings, structures, and facilities must, at a minimum, comply with the requirements of the ADAAG. Therefore, facilities subject to the ADAAG may be required to provide vertical access to areas otherwise exempt under Section 11- 4.1.3(5) of this code. An accessible site shall meet the following minimum requirements: (1) At least one accessible route complying with Section 11 -4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks, to an accessible building entrance. (2) At least one accessible route complying with Section 11 -4.3 shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. (3) All objects that protrude from surfaces or posts into circulation paths shall comply with Section 11 -4.4. (4) Ground surfaces along accessible routes and in accessible spaces shall comply with Section 11 -4.5. (5) Parking spaces: (a) If parking spaces are provided for self - parking by employees or visitors, or both, then accessible spaces complying with Section 11 -4.6 shall be provided in each such parking area. Such spaces shall be designed and marked for exclusive use of those individuals who have a severe physical disability and have permanent or temporary mobility problems that substantially impair their ability to ambulate and who have been issued either a disabled parking permit under Section 316.1958 or 320.0848, Florida Statutes, or a license plate under Section 320.084, 320.0842, 320.0843, or 320.0845, Florida Statutes. The number of accessible parking spaces shall comply with the table below and the following: http: / /ecodes. citation. com/ cgi- exe lepage.dll ?pg= cutnbdrx &rp =d: %5 Cwebcontent %5Conli... 11/8/2010 E -Codes Page 2 of 3 Total Parking in Lot Required Minimum Number of Accessible Spaces 1 to 25 ........................... ............................... 1 26 to 50 ......................... ............................... 2 51 to 75 ......................... ............................... 3 76 to 100 ....................... ............................... 4 101 to 150 ..................... ............................... 5 151 to 200 ..................... ............................... 6 201 to 300 ..................... ............................... 7 301 to 400 ..................... ............................... 8 401 to 500 ..................... ............................... 9 501 to 1000 .................. ............................... 2% of total 1001 and over ................ 20 plus 1 for each 100 over 1000 (i) One space in the immediate vicinity of a publiclyowned or leased building which houses a governmental entity or a political subdivision, including, but not limited to, state office buildings and courthouses; if no parking for the public is provided on the premises of the building; (ii) One space for each 150 metered on- street parking spaces provided by state agencies and political subdivisions. (iii) The number of parking spaces for disabled persons shall be increased on the basis of demonstrated and documented need. (b) In parking structures, one in every eight accessible spaces, but not less than one, shall be 'ban accessible" and shall be designed as required by Section 11- 4.6.3. The vertical clearance at such spaces shall comply with Section 11- 4.6.5. All such spaces may be grouped on one level of a parking structure. When such spaces are provided in a parking structure and only one in eight meet the height requirement of Section 11- 4.6.5, they shall be designated as required by Section 11- 4.6.4. (c) If passenger loading zones are provided, then at least one passenger loading zone shall comply with Section 11- 4.6.6. (d) At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with Section 11 -4.6 shall be provided in accordance with Section 11- 4.1.2(5)(a) except as follows: (i) Outpatient units and facilities: 10 percent of the total number of parking spaces provided serving each such outpatient unit or facility; (ii) Units and facilities that specialize in treatment or services for persons with mobility impairments; 20 percent of the total number of parking spaces provided serving each such unit or facility. http: / /ecodes. citation. comlcgi- exelcpage. dll ?pg= cutnbdrx &rp =d: %5 Cwebcontent %5 Conli... 11/8/2010 E -Codes Page 3 of 3 (e) Valet parking. Valet parking facilities shall provide a passenger loading zone complying with Section 11 -4.6.6 located on an accessible route to the entrance of the facility. Section 11- 4.1.2(5)(a), Section 11- 4.1.2(5)(b), and Section 11- 4.1.2(5) (d) of this section do not apply to valet parking facilities. (f) State agencies and political subdivisions having jurisdiction over street parking, or publicly owned or operated parking facilities are not required to provide a greater right -of -way width than would otherwise be planned under regulations, guidelines, or practices normally applied to new development. (g) Theme park (see Section 12). (6) If toilet facilities are provided on a site, then each such public or common use toilet facility shall comply with Section 11 -4.22. If bathing facilities are provided on a site, then each such public or common use bathing facility shall comply with Section 11 -4.23. For single user portable toilet or bathing units clustered at a single location, at least 5 percent but no less than one toilet unit or bathing unit complying with Section 11 -4.22 or 11 -4.23 shall be installed at each cluster whenever typical inaccessible units are provided. Accessible units shall be identified by the International Symbol of Accessibility. Exception: Portable toilet units at construction sites used exclusively by construction personnel are not required to comply with Section 11- 4.1.2(6). (7) Building signage. Signs which designate permanent rooms and spaces shall comply with Sections 11- 4.30.1, 11- 4.30.4, 11- 4.30.5 and 11- 4.30.6. Other signs which provide direction to, or information about, functional spaces of the building shall comply with Sections 11- 4.30.1, 11- 4.30.2, 11- 4.30.3, and 11- 4.30.5. Elements and spaces of accessible facilities which shall be identified by the International Symbol of Accessibility and which shall comply with Section 11- 4.30.7 are: (a) Parking spaces designated as reserved for individuals with disabilities; (b) Accessible passenger loading zones; (c) Accessible entrances when not all are accessible (inaccessible entrances shall have directional signage to indicate the route to the nearest accessible entrance); (d) Accessible toilet and bathing facilities when not all are accessible. License terms • Privacy policy Click here for copyright © information. http: / /ecodes. citation. com/ cgi- exe/ cpage. dll? pg= cutnbdrx &rp= d: %5Cwebcontent %5Conli... 11/8/2010 11 -4.6 Parking and passenger loading zones. 11 -4.6.1 Minimum number. Parking spaces required to be accessible by Section 11 -4.1 shall comply with Sections 11 -4.6.2 through Section 11- 4.6.5. Passenger loading zones required to be accessible by Section 11 -4.1 shall comply with Section 11 -4.6.5 and 11- 4.6.6. 11 -4.6.2 Location. Accessible parking spaces serving a particular building shall be located on the shortest safely accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. (1) All spaces must be located on an accessible route no less than 44 inches (1118 mm)wideso that users will not be compelled to walk or wheel behind parked vehicles. (2) If a theme park or entertainment complex [as defined in Section 509.013(9), see definitions] provides parking in several lots or areas from which access to the theme park or entertainment complex is provided, a single lot or area may be designated for parking by persons who have disabilities, if the lot or area is located on the shortest safely accessible route to an accessible entrance to the theme park or entertainment complex or to transportation to such accessible entrance. (3) On- street parallel parking spaces must be located either at the beginning or end of a block or adjacent to alley entrances. 11 -4.6.3 Parking spaces. Each parking space must be no less than 12 feet (3658 mm) wide. Parking access aisles must be no less than 5 feet (1524 mm) wide and must be part of an accessible route to the building or facility entrance. Two accessible spaces may share a common access aisle [see Figure 9(a)]. The access aisle shall be striped diagonally to designate it as a no- parking zone. Curb ramps must be located outside of the disabled parking spaces and access aisles. Exception: If a theme park or entertainment complex in which are provided continuous attendant services for directing individuals to marked accessible parking spaces or designated lots for parking by persons who have disabilities, the park or complex may provide parking spaces that comply with the alternatives specified in Section 11 -12. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2 percent) in all directions. Parallel parking spaces must be even with surface slopes, may match the grade of the adjacent travel lane, and must not exceed a cross slope of 1:50, where feasible. Such spaces shall be designed per Sections 11 -4.6.2 through 11- 4.6.5. Exception: Access aisles are not required. Curbs adjacent to such spaces must be of a height that will not interfere with the opening and closing of motor vehicle doors. 11 -4.6.4 Signage. Each such parking space must be prominently outlined with blue paint, and must be repainted when necessary, to be clearly distinguishable as a parking space designated for persons who have disabilities and must be posted with a permanent above -grade sign of a color and design approved by the Department of Transportation which is placed on or at a distance of 84 inches (2133 nun) above the ground to the bottom of the sign and which bears the international symbol of accessibility, ADAAG Section 4.30.7 and the caption "PARKING BY DISABLED PERMIT ONLY." Such sign erected after October 1, 1996, must indicate the penalty for illegal use of the space. Van accessible parking spaces located within a parking structure shall have an additional sign reading "VAN ACCESSIBLE' mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space. A theme park or an entertainment complex as defined in Section 509.013(9), Florida Statutes, in which accessible parking is located in designated lots or areas, the signage indicating the lot as reserved for accessible parking may be located at the entrances to the lot in lieu of a sign at each parking space. Exception: Theme parks or entertainment complexes providing alternative parking spaces pursuant to the exception to Sectionl 1 -4.6.3 shall provide the "VAN ACCESSIBLE" sign complying with this section. 11 -4.6.5 Vertical clearance. Provide minimum vertical clearance of 114 inches (2895 mm) at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with Section 11- 4.1.2(5)(b), provide minimum vertical clearance of 98 inches (2490 mm) at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s). Every nonresidential structure built on or after January 1, 1991, which is designed to use covered or underground parking as the primary available parking space, shall design the covered or underground parking facility to maintain a minimum height for the portion of the street- accessible level of the parking facility directly over van accessible parking spaces and for providing ingress and egress to such parking spaces of at least 98 inches (2489 mm). Signs shall be posted to warn operators of permanent disability- equipped vans that they cannot pass beyond a certain point due to height limitations. If compliance with this minimum height clearance requirement will cause the structure to exceed local height limitations imposed by local zoning, planning, or fire ordinances, or will result in the imposition of any additional requirements of such ordinances, the structure may exceed the height limitation specified in those codes as necessary to comply with the requirements of this section and is exempt from such additional requirements. Structures for which the plans were sealed by an architect prior to January 1, 1991, are exempt from this section. 11 -4.6.6 Passenger loading zones. Passenger loading zones shall provide an access aisle at least 60 inches (1525 mm) wide and 20 feet (6096 mm) long adjacent and parallel to the vehicle pull -up space (see Figure 10). If there are curbs between the access aisle and the vehicle pull -up space, then a curb ramp complying with Section 11 -4.7 shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2 percent) in all directions. ACCESSIBLE ROUTE; Rl f E FIGURE O(A) STANDARDS PARKING SPACE DESIGN To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Department Date: September 23, 2010 Re: LDC Amendment — Handicapped Parking Revision Land Use Sec. 20- 4.4(D) PB -10 -031 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -4.4 (D) of the Land Development Code entitled "Required Handicapped Spaces" in order to revise current wording to indicate that all required handicapped parking spaces are regulated by the Florida Building Code; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND During its current review of the entire Land Development Code the Planning and Zoning Department staff has determined that certain provisions need immediate consideration due to legal problems, technical wording errors, or to respond to specific issues. It was recently brought to the attention of staff that certain provisions of the City's section on off - street handicapped parking spaces was not consistent with the Chapter 11 of the Florida Building Code (FBC). The FBC essentially supersedes local zoning regulations which govern handicapped parking spaces. The current LDC regulations governing parking lots are contained in Section 20 -4.4 (D). The standards are less strict and in conflict with those in the FBC as to the minimum number of spaces required and width of spaces. PROPOSED AMENDMENT The following amendment mandates that the handicapped parking space regulations in Chapter 11 of the FBC will be adhered to in South Miami. Attached is a copy of Chapter 11 Part A, Florida Building Code. Section 20 -4.4 Off street Parking Requirements (C) Dimensional Design Standards. (1) Standard non - handicapped parking spaces. All required off-street parking spaces shall be a minimum of nine (9) feet in width by eighteen (18) feet in depth, exclusive of access ways. LDC Amendment September 23, 2010 Page 2 of2 (D) Required Handicapped Spaces. With either of the above alternatives, off - street parking spaces for the physically handicapped or disabled shall be provided as required by the Florida Building Code (9-FBC). (1) Handicapped spaces shall be a minimum of twelve (12) feet in width by eighteen (18) feet in depth, except for accessway,s aisles. (2) Signs or symbols indicating as required by &FBC Chapter 11 "I4an " shall be required for each designated space. [new wording shown in bold /underlined wording to be removed shown in— etgh RECOMMENDATION It is recommended that the proposed amendments to Section 20- 4.4(D) as set forth above be approved. Attachments: Chapter Il, Part A, FBC Public Notices TJV /SAY X: \PB \PB Agendas Staff Reports\2009 Agendas Staff Reports \6- 23- 09 \PB -09 -009 LDC Amend Revised Vote Req. AC.doc CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Meeting Minutes Thursday, September 23, 2010 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 7:56 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mr. Cruz, Mrs. Young, Mr. Whitman and Mrs. Beckman. Board members absent: Mr. Farfan and Mr. Morton. City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera - Hernandez (Principal Planner). City Attorney: Mr. Mark Goldstein PB -10 -031 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -4.4 (D) of the Land Development Code entitled "Required Handicapped Spaces" in order to revise current wording to indicate that all required handicapped parking spaces are regulated by the Florida Building Code; providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Yates read the item into the record. Mr. Vageline informed the Board that the item is a section of the City Code that was being Planning Board Meeting September 23, 2010 Page 2 of 3 reviewed and it was discovered that the requirements in the City Code related to ADA handicap parking spaces do not match the Florida Building Code. The Florida Building Code now governs ADA accessibility. There is also an old reference to the South Florida Building Code that no longer exists. Section 20 -4.4 Off street Parking Requirements (C) Dimensional Design Standards. (1) Standard non - handicapped parking spaces. All required off - street parking spaces shall be a minimum of nine (9) feet in width by eighteen (18) feet in depth, exclusive of access ways. (D) Required Handicapped Spaces. With either of the above alternatives, off - street parking spaces for the physically handicapped or disabled shall be provided as required by the Smith Florida Building Code (SFBC). , (1) Handicapped spaces shall be a minimum of twelve (12) feet in width by eighteen (18) feet in depth except for accesswayo aisles. (2) Signs or symbols indicating as required by SFBC Chapter 11 "mod shall be required for each designated space. This is a basic clean up to make sure that the Land Development Code is up to date. Mr. Cruz questioned if chapter eleven is always related to handicap issues. Mr. Vageline responded yes. The Florida Building Code is updated from time to time and this will assure that the City Code remains in compliance. Mr. Cruz recommended leaving the minimum dimension or just refer to chapter 11. He recommends going one way or another. Mr. Vageline commented that it is important to point the people in the right direction, the dimensions could be more enforced, but the City is just writing the minimum that is suggested by the Florida Code. The Chair opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE PROJECT Sharon McCain Oppose Ms. McCain questioned the dimensions that are currently in the code versus the new dimensions. She questioned the location of handicap. Mr. Vageline responded that Chapter 11 covers the location of the handicapped parking spaces, which is to be as close to the entrance as possible. Planning Board Meeting September 23, 2010 Page 3 of 3 Ms. McCain commented that there needs to be more handicapped spaces in the City of South Miami. The Chair closed the public hearing. Mr. Whitman questioned what access for access isle means. Mr. Vageline responded that the parking spaces that are ADA compliant are required to have an access isle next to them. The Florida Building Code requires for it to be five feet wide. Mr. Whitman suggested removing the word except, in addition spaces specified for access isle. Mr. Vageline recommended removing except for access isles, change number two to number three and the new number two would say access isles meeting Florida Building Code will be provided. Mrs. Young made a correction that all required handicapped parking spaces are regulated by the Florida Building Code in effect at the time. Motion: Mr. Whitman moved to amend Section D as suggested by Mr. Vageline to add another section referring to access isles and the word currently in effect. Also, that all required handicapped parking spaces are regulated by the Florida Building Code in effect. Mr. Cruz seconded. Vote: 5 Ayes 0 Nays, for the amendment. Motion: Mr. Whitman moved to approve the whole item as amended. Mrs. Young seconded. Vote: 5 Ayes 0 Nays X1Comm Items\ 2010 \11 -16- I OTB.Minutes.9.23.2010 Excerpt Randieapp.doc