13South Miami
- AmeNcae i
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager ��
From: Thomas J. Vageline, Director /
Planning and Zoning Department
Date: February 15, 2011 (Modified) ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code in order to clarify parking space requirements in the Hometown
District Overlay Regulations by amending Section 20- 7.6(B) entitled "Required Parking" and
Section 20- 7.6(C) entitled "Procedure "; providing for severability; providing for ordinances in
conflict; and providing an effective date.
BACKGROUND
At its August 5, 2008 meeting the City Commission adopted Ordinance No. 30 -08 -1965 (attached) which
was the culmination of several years of study concerning parking requirements in the Land Development
Code. The revisions were made out of a concern that reduced parking requirements and bonus parking
reductions enacted into the Land Development Code in 1999 were too extensive and could result in new
buildings with very limited parking provided. A moratorium on certain parking provisions was in effect
from 1999 to 2008. The adoption of the 2008 ordinance removed special parking reductions for joint use
buildings, being located near Metro -Rail, and parking bonuses in the TODD zoning district. The ordinance
also significantly reduced parking bonuses in the Hometown District from a maximum of 45% to a
standard 20 %. The ordinance also formally established the Hometown District Improvement Trust Fund.
CURRENT LDC REGULATIONS
The LDC provision which relates to required parking for a building has recently been examined in order to
assure that it is clear that there are different calculation formulas for determining parking spaces required
in an existing building and new proposed buildings. The actual adoption of the 2008 ordinance was done
after many amendments and rewordings on the floor, as evident by a review of the Commission's August
5, 2008 minutes excerpt (attached). At that time one of the objectives in adopting that ordinance was to
distinguish that there are different procedures for calculating required parking spaces for existing buildings
and new buildings.
There is currently a misunderstanding that the wording in Sections 20- 7.6(B) and (C) allows for a re-
calculation of required parking spaces if a new use is introduced into an existing building. This is not
correct and is not the standard and customary procedure in zoning administration. The determination of the
required parking for a building can only be calculated at the time a new building is proposed and is going
through the development permit review process.
PROPOSED LDC AMENDMENT
Planning and Zoning Department has determined that the addition of the word "new" (in front of the word
building) in Section 20 -7.6 (13)(2) and the change of a single reference letter in Section 20 -7.6 (C)(5) will
clarify the situation and avoid any future misunderstandings. Attached is a draft ordinance with the two
minor amendments proposed for Section 20 -7.6.
PLANNING BOARD RECOMMENDATION
The Planning Board at its meeting on January 25, 2011 conducted a public hearing and adopted a motion
by a vote of 5 ayes 2 nays (Ms. Beckman, Ms. Young) recommending denial of the proposed amendment.
ADMINISTRATION RECOMMENDATION
The Planning and Zoning Department's position has not waivered in that the current regulations allowing
for a recalculation of total required parking is not done when a new use is introduced into an existing
building. It is only done at the time of construction of a new building and any existing parking bonuses
(reductions) are calculated only at that time
It is important to understand that it has been customary procedure for decades in the Planning and Zoning
Department that the parking requirement of a building is determined contractually by conditions of a
building permit, conditions of a development order, an approved site plan, or a Development Agreement.
The proposed amendment will eliminate misinterpretations and set forth a clear understanding of how the
parking reductions are to be calculated in the Hometown District.
It is recommended that the attached draft ordinance be adopted on first reading.
Backup Documentation:
Draft Ordinance
Ord No. 30 -08 -1965
City Commission Minutes excerpt 8 -5 -08
Planning and Zoning Department Staff Report 1 -25 -11
TJV /$AY
X: \Comm Items\2011\2 -15 -1 RLDC Amend Toning Hometown Parking CM Report Modified III.doo
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code in order to clarify parking space
requirements in the Hometown District. Overlay Regulations by amending Section.
20- 7.6(B) entitled "Required Parking" and Section 20- 7.6(C) entitled "Procedure';
providing for severability; providing for ordinances in conflict; and providing an
effective date.
WHEREAS, the City Commission in 2008 adopted an ordinance removing special
parking reductions for joint use buildings, being located near Metro -Rail, and parking
bonuses in the TODD zoning district and significantly reduced parking bonuses in the
Hometown District from a maximum of 45% to a standard 20 %; and
WHEREAS, the LDC provision which relates to required parking for a building
has recently been examined in order to assure that it is clear that there are different
calculation formulas for determining parking spaces required in an existing building and
new proposed buildings; and
WHEREAS, there is currently a claim that the wording in Section 20- 7.6(B) and
(C) allows for a re- calculation of required parking spaces if a new use is introduced into an
existing building; and
WHEREAS, the correct standard and customary procedure in zoning
administration is to determine the number of required parking for a building at the time a
new building is proposed and is going through the development permit review process
which would include at that time the calculation of any existing parking bonuses
(reductions); and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
the Section 20 -7.6 (B)(2) of the Land Development Code that adds the word "new" (in front
of the word building) amends Section 20 -7.6 (C)(5) changing the reference letter from "B"
to "C" will clarify the situation and avoid any future misunderstandings; and
WHEREAS, the Planning Board at its January 25, 2011 meeting after public
hearing, adopted a motion by a vote of 5 ayes 2 nays recommending that the proposed
amendment be denied; and
WHEREAS, the Administration is supportive of the need to adopt the proposed
amendment in order to eliminate misinterpretations and set forth a clear understanding of
how the parking reductions are to be calculated in the Hometown District; and
WHEREAS, the City Commission desires to accept the recommendation of the
Administration and enact the aforesaid amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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a
Section 1. That Section 20- 7.6(B)(2) entitled "Required Parking" is hereby amended as
follows:
Section 20 -7.6 Parking.
(A) Hometown District Parking. Parking in the Hometown District must be developed and
managed primarily as an element of infrastructure critical to enhancing South Miami's tax
base through economic success of the district. Hometown District parking shall be subject
to the review of the Parking Board as established by Section 2 of the Code of the City of
South Miami. The Board shall report to the city commission no less than annually on the
state of parking in the Hometown District and shall from time to time make.
recommendations to the city commission for changes in the parking system for the fees,
paid into the Hometown District Improvement Trust Fund, and for the allocation of trust
fund monies.
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
(1) On- street spaces adjacent to a lot shall count toward the parking
requirements for that lot; a partial space longer than eleven (11) feet shall
count as a full space.
(2) The following parking reduction shall apply to new mixed use buildings
with two (2) or more of the three (3) use categories (retail, office,
residential) uses provided that no one use constitutes more than seventy -five
(75) percent of the gross floor area: the total required parking spaces for a
mixed use building shall be reduced by twenty (20) percent.
Section 2. That Section 20- 7.6(C) (5) entitled "Procedure "" is hereby amended as follows:
(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.
3
I
2 (b) Existing Buildings: If there are fewer spaces provided than required
3 for existing buildings, the applicant may: obtain a special exception
4 waiving the number of additional spaces required in accord with the
5 process set forth in Section 20 -7.51 of this chapter; or pay into the
6 Hometown District Improvement Trust Fund a fee as set forth
7 below.
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9 (c) The fee payment into the Hometown District Improvement Fund for
10 each space required but not provided shall be one thousand dollars
11 ($1,000.00) per parking space per year payable at the time of
12 renewal of the occupational license. This fee may be adjusted
13 periodically by the City Commission as appropriate.
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15 (3) Monies paid into the Hometown District Improvement Trust Fund shall be
16 placed in a trust account separate from general funds and may be used for
17 improvements to public parking facilities, infrastructure to increase parking
18 capacity, and the installation of metering devices. Monies collected in this
19 fund should also be used for items including but not limited to items that
20 improve the pedestrian environment such as: tree planting and maintenance,
21 bike parking and racks, sidewalk improvements and maintenance, bench
22 installation, water fountains, outdoor recycle bins, and signage for parking
23 and bike racks.
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25 (4) Designated historic buildings are exempt from all parking requirements,
26 except that existing off - street parking shall not be removed.
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28 (5) Any changes in use in a building will require a re- calculation in the
29 required parking pursuant to (4�) (C) above. If the new combination of uses
30 requires additional parking spaces, a fee as set forth in (C) (2)(c) above, as
31 determined from time to, time by the City Commission upon
32 recommendation of the parking board, must be paid into the Hometown
33'` District Improvement Trust Fund. If fewer spaces are required, no refunds
34 will be paid
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36 fnew wording shown in bold/underlined; wording to be removed shown in &tF *' h)
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38 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
39 ordinance are hereby repealed.
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41 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
42 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
43 affect the validity of the remaining portions of this ordinance.
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45 Section 5. This ordinance shall be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
S
day of 2011.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items \2011 \2 -15 -1 I \LDC Amend Zoning Hometown Parking Ord Modified.doe
ORDINANCE NO. 30-08-196
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
LAND DEVELOPMENT CODE; REMOVING FROM THE LAND
DEVELOPMENT CODE SECTION 20- 4.4(G) ENTITLED "JOINT
USE SPACES VIA SPECIAL PARKING PERMIT "; REMOVING
FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(H)
ENTITLED "METRO -RAIL USAGE CONSIDERATION VIA
SPECIAL PARKING PERMIT'; AMENDING SECTION 20 -7.6
ENTITLED "PARKING" IN ORDER TO MODIFY REGULATIONS
PERTAINING TO BONUSES AND PARKING REDUCTIONS IN
THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION
20 -8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO
ELIMINATE PARKING REDUCTIONS AND PARKING BONUSES
FOR DEVELOPMENT IN THE "TODD "TRANSIT ORIENTED
r DEVELOPMENT DISTRICT ZONING DISTRICT; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), 20- 7.6(B), Section 20 -7.6 (C) and Section 20-
8.10, of the Land Development Code allows for reductions in required off street parking and
allows for the ability to make a payment in lieu of providing required parking spaces; and
WHEREAS, the City Commission at its meeting on May 4, 1999, adopted Ordinance No. 8-
99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in
order to require approval by a four/fifths vote of the City Commission and suspending the Land
Development Code sections referred to above for a period of nine months ;and
WHEREAS, the City Commission at several subsequent meetings, adopted ordinances
extending for additional periods the amendments and suspensions of the Land Development Code
sections referred to above; and
WHEREAS, at the City Commission meeting on May 2, 2006, it was requested that the
moratorium ordinance be expanded to modify certain provisions in Section 20 -7.6 (C), Land
Development Code which permits payment into the Parking hifrastructure Trust Fund in lieu of
providing required spaces; and to extend the moratorium to parking space reductions provided
Section 20 -8.10, Land Development Code, entitled TODD —Bonus Allocations; and
WHEREAS, the amendments and suspensions of the Land Development Code sections
referred to above were adopted for a final nine month period by Ordinance No. 15 -07 -1916 at the
City Commission meeting on June 5, 2007 will expire on March 5, 2008; and
WHEREAS, the purpose of the moratorium was to afford staff and citizens an adequate time
period to reevaluate the City's parking regulations and propose necessary changes; and
Ord. No. 30 -08 -1965
WHEREAS, during the moratorium period evaluation and studies carried out by the Zoning
Task Force, City consultants, the Parking Board, the Planning Board and City Commission have
provided sufficient information and data to allow for the final adoption of proposed amendments.
WHEREAS, the City Commission at its May 6, 2008 meeting approved the first reading of
an ordinance which makes permanent all of the amendments, suspensions and modifications
which were in effect under the current parking moratorium ordinance; and
WHEREAS, the City Commission on May 15, 2008 conducted a workshop on the current
parking moratorium ordinance including a review of proposed changes suggested by the Planning
Board at its March 11, 2008 meeting and by the Parking Board at its March 21, 2008 meeting; by
and
WHEREAS, at the May 15, 2008 City Commission workshop it was agreed that certain
amendments would be considered to the current parking moratorium ordinance; and
WHEREAS, the Planning Board at its May 27, 2008 meeting recommended additional
revisions to be considered and then adopted a motion by a vote of 6 ayes 0 nays recommending
that the subject ordinance be approved; and
WHEREAS, the Parking Board at its June 6, 2008 meeting recommended additional revisions
be considered to the current parking moratorium ordinance; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to adopt
legislation which replaces the current parking moratorium ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Section 20- 4.4(G), Land Development Code, entitled "Joint Use Spaces via
Special Parking Permit," is amended as follows:
_ M-1 _ _ __ _
Page 2 of 6
Ord. No. 30 -08 -1965
Section 2: Section 20- 4.4(H), Land Development Code, entitled "The Metro -Rail Usage
Consideration via Special Parking Permit," is amended as follows:
Section 3: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B),
Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided
for in Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the Land
—' Development, are hereby amended as set forth below::
Hometown District Overlay Zone
20 -7.6 Parking.
(A) Hometown District Parking. Parking in the Hometown District must be developed and
managed primarily as an element of infrastructure critical to enhancing South Miami's tax base
through economic success of the district. Hometown District parking shall be subject to the review
of the Parking Board as established by Section 2 of the Code of the City of South Miami. The
Board shall report to the city commission no less than annually on the state of parking in the
Hometown District and shall from time to time make recommendations to the city commission for
changes in the parking system for the fees paid into th Hometown District
Improvement Trust Fund, and for the allocation of trust fund monies.
(B) Required Parking. Within the Hometown District, the following adjustments to the number
of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
On- street spaces adjacent to a lot shall count toward the parking requirements for
that lot; a partial space longer than eleven (11) feet shall count as a full space.
2. The following parking reduction shall apply to mixed use buildings with two
(2) or more of the three (3) use categories (retail, office, residential) uses
provided that no Otte use
constitutes more than 75 per cent of the gross floor area: the total
required parking spaces for a mixed use building shall be reduced by twenty
(20) per cent.
Page 3 of 6
Ord. No. 30 -08 -1965
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(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 �-es Buildings and the addition of floor area to existing
buildings: If there are fewer spaces provided than required w
s€rnetares a the applicant must apply for and receive
(b)
Trust Fund a fee as
o, for each space required but not provided.
Page 4 of 6
or nay into the
Old-
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(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 �-es Buildings and the addition of floor area to existing
buildings: If there are fewer spaces provided than required w
s€rnetares a the applicant must apply for and receive
(b)
Trust Fund a fee as
o, for each space required but not provided.
Page 4 of 6
or nay into the
Old-
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(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 �-es Buildings and the addition of floor area to existing
buildings: If there are fewer spaces provided than required w
s€rnetares a the applicant must apply for and receive
(b)
Trust Fund a fee as
o, for each space required but not provided.
Page 4 of 6
or nay into the
Ord. No. 30 -08 -1965
(c)
Hometown District Improvement Trust Fund a fee as set forth below.
(3) Monies paid into the Hometown District Improvement a Trust
Fund shall be placed in a trust account separate from general funds and may be used
(#* for improvements to 4ie public city parking facilities, infrastructure to increase
parking capacity, d and the installation
of metering devises. Monies collected in this fund should also be used for items
improvements and maintenance, bench installation, water fountains, outdoor
recycle bins, and signage for parking and bike racks.
(4) Designated historic etibuiit ® buildings are exempt from all parking
requirements, except that existing off - street parking shall not be removed.
(5) Any changes in use in a building will require a re- calculation in the required
parking pursuant to (B) above. If the new combination of uses requires additional
parking spaces, a fee as set forth in (C) (2)(c) above, as determined from time to
time by the City Commission upon recommendation of the parking board, must be
paid into the Hometown District Ymprovemexit '' -e '- `askuetare Trust
Fund. If fewer spaces are required, no refunds will be paid.
Section 4: Section 20 -8.10, Land Development Code, entitled "Bonus allocations," is hereby
modified as set forth below to eliminate the parking reductions and parking bonuses for
developments within the boundaries of the TODD f
20 -8.10 Bonus allocations.
Action
Bonus
�agode
totals
ard€ ,
i�;.or�Fhi.�tvoe�uscs
For every 1 floor of
1 additional floor of
residential use
residential use with the
minimum parking
requirement (two (2) cars
per residential use
Public plaza -min. 5,000 sq.
One (1) additional floor
ft, and art work in plaza
setting
Develop full frontage with
One (1) additional floor
street design as part of
pedestrian walkway system
Page 5 of 6
Ord. No. 30 -08 -1965
Develop "cross- thru's"
One (1) additional floor i
from street to public open
Yea
space as part of pedestrian
Nay
walk-system, on owners
absent
property (maintenance
Yea,
required in Section 20-
8.15
For those properties that
back up to public open
space or easement.
Buildings may be built in
rear to within 5' of rear
property oreasement line.
nasn
Section 5: All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 6: 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 7: Emergency Ordinance No. 22 -08 -1957 pertaining to bonuses, parking
reductions and suspensions of certain parking regulations is hereby repealed.
Section 8: This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 5'h day of AuPust• 2008
ATTEST:
�- Qv�
CITY CLERK,
APPROVED READ AND • FORM:
1st Readingt 5/6/08
2 "dReading: 6/10/08
3`d Reading: 7/22/08
4t" Reading: 8/5/08
APPROVED:
AAYOk
COMMISSION VOTE: 3 -1
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer.
Nay
Commissioner Wiscombe:
absent
Commissioner Beckman:
Yea,
X: \Comm ltems\2008 \8- 5- OWarking moratorium Adopted Amendment Ord 2008.doc
Page 6 of 6
ordinance relating to outdoor seating /dining. Seconded by Mayor
Feliu, the motion passed by a 4 -0 vote
Commissioner Wiscombe: Absent
Commissioner Palmer: Yea
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Yea
ORDINANCE (S) FOURTH READING PUBLIC HEARING (S)
30 -08 -1965
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; REMOVING FROM THE LAND DEVELOPMENT
CODE SECTION 20- 4.4(G) ENTITLED "JOINT USE SPACES VIA
SPECIAL PARKING PERMIT "; REMOVING FROM THE LAND
DEVELOPMENT CODE SECTION 20- 4.4(H) ENTITLED "METRO -RAIL
USAGE CONSIDERATION VIA SPECIAL PARKING PERMIT ";
AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN ORDER TO
MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKING
REDUCTIONS IN THE "SR(HD -OV)" SPECIALTY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION 20-
8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO ELIMINATE
PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT
IN THE "TODD" TRANSIT ORIENTED DEVELOPMENT DISTRICT
ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
(Approved on 3rd reading 7122108)
(Commissioner Beckman)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
At this time the Mayor opened the public hearing.
Cathy McCann said that the language should be clear as to
whether it refers to a new or existing structure. She also said
to have a problem with the fee and continued addressing her
concerns.
David Tucker Sr. expressed some concern with the allocation
of monies coming from fees.
Sharon McCain said that we need more enforcers, and that all
the money coming from parking goes into the general fund. She
REGULAR CITY COMMISSION 10
MINUTES - AuguSt 5, 2008
said that all that money should go into whatever is needed to
improve our parking.
With no further speakers the public hearing was closed.
Moved by Commissioner Palmer to amend Section 3 (3) to say
that "Monies collected in this fund should be deposited in the
Parking Fund." Seconded by Vice Mayor Beasley, the motion to
approve this amendment failed by a 2 -2 vote:
Commissioner Wiscombe:
Absent
Commissioner Palmer:
Yea
Commissioner Beckman:
May
Vice Mayor Beasley:
Yea
Mayor Feliu:
Nay
Moved by Commission Beckman, to amend Section 3 (2) (a) to
read: "New Buildings, and the addition of floor area to existing
buildings." Seconded by Mayor Feliu, the motion to amend passed
by a 3 -1 vote:
Commissioner Wiscombe: Absent
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Yea
Moved by Commission Beckman, to amend Section 3 (2)(b),
lines 50 -51, to replace the words "structures" with the word
"buildings ". Seconded by Mayor Feliu, the motion to amend passed
by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Palmer: Yea
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Yea
Moved by Commission Beckman, to amend Section 3 (2) (b) , to
read: "Upon final adoption of this ordinance, the provision in
Section 4.4(A)(2) will be effectively removed. Seconded by Mayor
Feliu, the motion to amend passed by a 4 -0 vote:
Commissioner Wiscombe:
Absent
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
Vice Mayor Beasley:
Yea
Mayor Feliu:
Yea
REGULAR CITY COMMISSION 1 1
MINUTES - August 5, 2008
Vice Mayor Beasley explained that his reasons for voting to
have the monies collected going into the Parking Fund is that he
does not want to wait until we have a problem with parking before
we decide to put money into that fund.
Commissioner Beckman clarified that all the regulations in
place provide that all new developments build their own parking.
He added that there is no place in the City to build another
garage; therefore, there is no point in having a fund for that
purpose.
With some further comments, the motion to approve this item
as amended passed by a 3 -1 vote:
Commissioner Wiscombe: Absent
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Yea
At this time the Mayor announced a 5- minute brake.
As the meeting reconvened, the Mayor proposed to extend the
meeting beyond 11:00 p.m.
Commissioner Beckman said that in lieu of the importance of
the next item, that we should have all Commissioners present. He
did not agree with extending the meeting.
Vice Mayor Beasley concurred with Commissioner Beckman; he
then requested for staff to notify all interested parties in
writing about the next meeting so that they could come and speak
on the item.
Commissioner Palmer also concurred with Commissioner
Beckman, explaining that it would be in the best interest of the
parties involved to have a full Commission present and that is
why she did would not vote to extend the meeting.
Mayor Feliu was in favor of the extension; however, he would
not have enough quorum to continue with the meeting.
REGULAR CITY COMMISSION 12
MINUTES - August 5, 2008
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Depart.
South Miami
hAd
All- Amefica0v
'III`®'
2001
Date: January 25, 2011
Re: LDC Amendment - Hometown
Parking Requirements
PB -11 -006
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code in order to clarify parking space requirements in the Hometown
District Overlay Regulations by amending Section 20- 7.6(B) entitled "Required Parking" and
Section 20- 7.6(C) entitled "Procedure "; providing for severability; providing for ordinances in
conflict; and providing an effective date.
At its August 5, 2008 meeting the City Commission adopted Ordinance No. 30 -08 -1965 (attached) which
was the culmination of several years of study concerning parking requirements in the Land Development
Code. The revisions were made out of a concern that reduced parking requirements and bonus parking
reductions enacted into the Land Development Code in 1999 were too extensive and could result in new
buildings with very limited parking provided. A moratorium on certain parking provisions was in effect
from 1999 to 2008. The adoption of the 2008 ordinance removed special parking reductions for joint use
buildings, being located near Metro -Rail, and parking bonuses in the TODD zoning district. The ordinance
also significantly reduced parking bonuses in the Hometown District from a maximum of 45% to a
standard 20 %. The ordinance also formally established the Hometown District Improvement Trust Fund.
LDC CURRENT REGULATIONS
A recent special use restaurant application in the Plaza 57 Building resulted in a related claim that there is
a current LDC provision which would allow for a significant reduction in the required parking for their
building. In a case presented to the City Administration the building owners claimed that since the Code
was modified in 2008 it now allows them to reduce their required parking the additional 20 %.
The determination of the required parking for a building can only be calculated at the time a new building
1s proposed. This was done for the Plaza 57 Building in 2005. The above contention by the building
owners is based on the fact that subparagraph in Section 20 -7.6 (C)(5) requires re- calculation of required
parking if there is a change of use in a building and that the parking recalculation for their existing mixed
use building can now be reduced 20 %. This action would allow them to have additional surplus spaces
which could be leased out to outside parties.
The reference to recalculating required parking by using the formula for new buildings in Section 20 -7.6
(B)(2) is not correct. The actual adoption of the 2008 ordinance was done after many amendments and
rewordings on the floor, as evident by a review of the Commission `s August 5, 2008 minutes excerpt
(attached).
PROPOSED LDC AMENDMENT
Planning and Zoning Department has determined that the addition of the word "new" (in front of the word
building) in Section 20 -7.6 (13)(2) and the change of a single reference letter in Section 20 -7.6 (C)(5) will
clarify the situation and avoid any future misunderstandings. Attached is a draft copy "Exhibit A" with two
minor amendments proposed for Section 20 -7.6.
RECOMMENDATION
It is recommended that the amendments as set forth in the attached draft be approved.
Backup Documentation:
Exhibit "A"
Ord. No. 30 -08 -1965
City Commission Minutes excerpt 8 -5 -08
Public Notices
TJV /SAY
X:\PB\PB Agendas Staff Reports\2011 Agendas Staff Repons\1- 25- 11\PB -I1 -006 LDC Amend Hometown Parking.doe