Ord. No. 11-03-1795ORDINANCE 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 PARKING 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 long -term lease 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 sueh 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 remaining 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 CLERK
IstReading- 5/20/03
2nd Reading- 6 / 3 / 0 3
day of June 12003
APPROVED:
N&( A
MAYOR
COMMISSION VOTE: 4 -0
READ AND APPROVED AS TO FORM: Mayor Feliu: Yea
Vice Mayor Russell: Yea
Commissioner Bethel: Yea
Commissioner McCrea: Yea
6. /lo/L CommissionerWiscombe: not present
CITY ATTORNEY
NOTE: New wording in bold, underlined; wording to be removed indicated by s -tf g h
KAComm Ctems\2003 \06- 03- 03 \LDC Amend off site parking Ordinance revised.doc
Page 2 of 2
South Miami
Al r
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All- AmericaCityy
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INCORPORATED
1927
P
C p a�9
2001
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor
and City Commission
From: Sanford A. Youkilis
Acting City Mana er
ITEM: PB 03 -005
REQUEST:
Date: June 3, 2003
Re: Agenda Item
LDC Amendment
Off Site Parking Requirements
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 PARKING COVENANTS, EASEMENTS
OR LONG -TERM LEASES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
Section 20.4.4 of the City's Land Development Code currently contains regulations addressing
"Off- Street Parking Requirements," and permits spaces located off site to be counted towards
required parking where certain conditions are met. Within South Miami this has most often
taken the form of a business owner contracting with another nearby property owner to lease
parking spaces in order to meet zoning required parking requirements. For example, a new
restaurant in downtown South Miami might contract with the First National Bank of South
Miami to utilize some of their excess parking in a nearby parking lot, in order to provide the
required parking for the restaurant. This has been the case in for a small number of restaurants
downtown.
The LDC regulation addressing such off -site parking arrangements specifies that there must be a
covenant, in form and substance satisfactory to the City Attorney and City Commission.
However, no property owner in South Miami has ever been willing to sign over a portion of
land in what is technically known as a covenant on the land. Rather, they have accommodated
the request for parking by enacting a long -term lease with the applicant. Leases of this nature
have been for a period of from two (2) to ten (10) years, with the Planning Department
encouraging the longest -term leases possible. Of course, if any of these leases lapse, the
applicant would be required to replace the parking spaces with spaces on another location, or
face the removal of their occupational license for part or all of their premises. Proof of off -site
parking is required each year at the renewal of the occupational license.
LDC Amendment
Off -Site Parking
June 3, 2003
Page 2 of 2
Recently, as a result of an off -site parking arrangement proposed by an owner of an office
building, a nearby resident raised questions and sought to challenge the City's application of the
off -site parking regulations. At the advice of the City Attorney, the attached proposed
ordinance was drafted, in order to clarify that the provisions of the regulations may be utilized
by either a covenant, easement, or long -term lease. This will codify the City's existing practice,
and clarify that a long -term lease, of form and substance acceptable to the City Attorney, may
be exercised to take account of this provision.
On May 20, 2003, the City Commission approved the ordinance upon first reading, with the
modification that City Commission approval of form and substance be left in the ordinance.
The attached ordinance has been revised to reflect this change.
RECOMMENDATION
APPROVAL of the revised Ordinance upon second reading public hearing.
Attachments:
Draft Ordinance
Planning Board minutes
RGq,i_
K: \Comm Items\2003 \06 -03 -03 \LDC Amend off site parking Report.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and .,
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA .
COUNTY OF MIAMI -DADE: ,
Before the undersigned authority personally appeared
O -V. FERBEYRE, who on oath says that he or she is the CITY 9P SOUTH '
SUPERVISOR, Legal Notices of the Miami Daily Business NOTICE OF P011310 `4 FEARING "
Review f/k/a Miami Review, a daily (except Saturday, Sunday - -
aud Legal f:c ;days) newspaper, published at Miami in Miami -Dade `NOTICE IS HEREBY given that the City Commission of the City of South'
County, Florida; that the attached copy of advertisement, Miami, Flodda will_.conduct: a:.Pa6lic Nearing. during . ns; regular City'
being a Legal Advertisement of Notice in the matter of Commission meetirig Tuesday, Juqe 3,'.2003 beginning at.7:30 p.m.: in
the City Gortmmission Chambers,• 6130 $unsEl Drive, to. congidef.2nd�:
Readmgofthefotlowingdesdribedordlnance (s� ";� . '
CITY OF SOUTH MIAMI - PUBLIC HEARING 6/3/03
ORD. AMENDING SECTION 20.4.4 ETC. AN bRDINANCE OF THE MAYOR AND CI'fY.QgMMISSION
OF THE OIT,)' OF SO�.tTH MIAMI, "FLORIDA, RELATING TO s
in the XXXX Court, THE CfFY,OF50UTH.AIAMI LAND pEVELOPI3IENT CODE, i
was published in said newspaper in the issues of AMENDING .SECTION "SO.4 4 ENTITLED OFF STREET
PARKING _PE LJIREMENTS IN ORDER TO CLAF,tiFY AND
05/23/2003 gDDRESS; P OCED)J,R,ES•b,ND C(1RERIA FOR.APPROVAL
OF OFF SI, YAFIGIt;1G „bDVE11ANTS,.EASEMENTS OR=:
. WNG -TERM LEASE §;'�BROVIDING> FOR SEVERA9ILITY;
PROVIDING FOR ORDINANCES IN CONFLICT'AND 'PRO -
Affiant further says that the said Miami Daily Business VID�NG AN EFFECTIVE DATE. (tst re0ilmg May 20 2003)
Review is a newspaper published at Miami in said Miami -Dade "
County, Florida and that the said newspaper has AN ORDINANCE OF THE MAYOR AND CITY CO)ulMISSION
heretofore been continuously published in said Miami -Dade County, OF THE CI,TY"OF SOUttI MIAMIr FLORIDA, RELATINGTO�
Florida, each day (except Saturday, Sunday and. Legal Holidays) DEPARTMENT REbGAN12AT10N'REYISING ARTICLE 11 OF
and has been entered as second class mail matter at the post THE CODE OF'ORDINANCES ENTITLED DEPgRTMENTS',
office in Miami in said Miami -Dade County, Florida, for a BY PMENDlNG:;$ECTION 2.7 PERTAINING -FO CODE EN-
period of one year next preceding the first publication of the F. FICEMENT DIVISION; BY AMENDING SECTION 2.6 PER-
attached copy of advertisement; and affiant further says that he or TAININGTTO CENTRAL PURCHASING; AND BY AMENDING
` . `
she has neither paid nor promised any person, firm or corporation SECTION 2.14 PERTAINING TO
PROVIDING FOR SEVERABIUTY, ��bFIDINANCES
any discount, rebate, commiss' or refund for the purpose IN CONFLICT, AND AN. EFFECTIVE"DATE., {tat re ading -May
of securing thiprachrertisement forlDublication in the said 20.2003) ' -
newspaper.
AN ORDINANCE OF THE MAYOR AND CIT1 COMMISSION
OF THE'CITY OF SOUTH MIAMI; FLORIDA REIJ4TING TO
THE AMENDMENT OF SECTION 13.24 pFTHE CITY'S CODE. ,
OP ORDINANCES'SCHEDULE OF LICENSE TAXES' BY IN-
Swom to and subscribed before me this CREASING TA1i, RATES PURSUANT TO CHABTER-205 OF_•,
THE FLORIDA STATUTES; PROVIDING FOR SEVERABILffY;
23 day of MAY , A.D. 2003 .PROVIDING .FOR ORDINANCES IN.CONFLICT: AND PRO.
VIDINGANEFFECTIVEOATE .(istreadng May20,2003) i
0 ORDINANCE OF THE MAYOR AND CITY COM1AMISSION
OF THE CITY OF SOUTH MIAMI, FLQRIDA, RELATING TO 1
THE CITY OF SOUTH MIAMI CITY CODE, CREATING SEC;
(SEAL) ®STAR TION 246.10 ENTITLED *PARKING COMMITTEE; IN ORDER '
OaT'RY PN, a HEM N M�g� TO CREATE A PARKING COMMITTEE FOFA THE CITY OF
O.V.pERBEYREpe a me SOUTH MIAMI; PROVIDING FOR SEVERABILITY- PROVID
` COMMISSION NUMBER, - ING FOR ORDINANCES IN CONFLICT AND PROVIDING AN .
CCS31156 EFFECTNEDATE:(tstrgadmg- .May20 2003)
APR 4