Ord. No. 37-01-1768ORDINANCE NO.37-01-1768
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO THE LAND DEVELOPMENT CODE,
SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT ALLOW
FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING
ORDINANCE NO 8-99-1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE
(9)MONTHSTHEMODIFICATIONSMADETOSECTION 20-7.6(B),ANDTHE
SUSPENSION OF SECTION 20-4.4(G)AND SECTION 20-4.4(H)PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,Sections 20-4.4(G),20-4.4(H)and 20-7.6(B)ofthe South Miami Land Development
Codeallallowforareductioninrequired off streetparking;and
WHEREAS,the impact ofthe Shops of Sunset onthe downtown parking supply has highlighted the
need to reevaluate parking regulations contained within the South Miami Land Development Code;and
WHEREAS,theCity Commission atits meeting on May 4,1999,adopted Ordinance No.8-99-1682,
modifying and suspending the Land Development Code sections referred to above for a period of nine
months ;and
WHEREAS,the City Commission atits meeting on April 18,2000,adopted Ordinance No.11-00-
1713,which extended foran additional nine months the modifications and suspensions ofthe Land
Development Code sections referred to above;and
WHEREAS,theCity Commission atits meeting on February 6,2001 adopted Ordinance No.6-01-
1737,which extended foran additional nine months the modifications and suspensions ofthe Land
Development Code sections referred to above;and
WHEREAS,the purpose ofthe modifications and the suspensions was to afford staffand citizens an
adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and
WHEREAS ,the City Commission appointed Zoning Task Force isin the process of reviewing the
Land Development Code including the Hometown District and the Off-Street parking regulations;and
WHEREAS,the necessary evaluation and studies are now sufficiently completed to determine what
amendments are needed;and
WHEREAS,itis appropriate to provide an additional nine(9)months to review the specific
amendments ofthe Land Development Code pertaining to parking reductions;and
WHEREAS,theCity Commission desires to enact the aforesaid ordinance.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.ThatSection1 of OrdinanceNo.8-99-1682,adoptedbytheCity of SouthMiamiCity
Commission onMay4,1999 ishereby amended toreadas follows:
Section I:The automaticparking adjustments allowedpursuanttoSection 20-7.6(B)oftheSouth
MiamiLandDevelopment,entitled "Required Parking,"are herebymodifiedfor a period ofmm*
0fy thirtysix(36)monthsfor thepurpose ofreviewingtheeffectsandappropriateness of the
adjustment provisions onthe future developments,as follows:
Section 2That Section 2 of Ordinance 8-99-1682,adopted bytheCity of SouthMiamiCity
Commission on May 4,1999 is hereby amended toreadas follows:
Section2:Section 20-4.4(H),entitled "TheMetroRailUsage Consideration via Special
ParkingPermit,"isherebysuspendedfor a period ofnine (9)thirtysix(36)monthsfor (he
purpose ofevaluatingtheeffectsandappropriateness ofthis provision onfuturedevelopments.
Section3 That Section 3 of Ordinance 8-99-1682,adopted bythe City of SouthMiamiCity
Commission onMay4,1999 is hereby amended toreadasfollows:
Section3:Section20-4.4(G),entitled"JointUseSpacesvia Special ParkingPermit,"is
hereby suspendedfor developments within the boundaries ofthe Hometown Districtfor a period
of»&&-&)thirtysix(36)monthsfor thepurpose ofevaluatingtheeffectsandappropriateness
ofthisprovisiononfuture developments within the Hometown District.
Section4Ifanysection,clause,sentence,orphrase of thisordinanceisforanyreasonheldinvalid
orunconstitutionalbyacourt of competentjurisdiction,thisholdingshallnotaffectthevalidityofthe
remaining portions of this ordinance.
Section5All ordinances orpartsofordinancesinconflictwiththeprovisions of thisordinanceare
hereby repealed.
Section6Thisordinanceshallbeeffectiveimmediatelyaftertheadoptionhereof.
PASSED AND ADOPTED this 18th day of n&r.&mho-r ,2001
ATTEST
Is*Reading-11/20/01
2nd Reading-12/18/01
READ AND APPROVED AS TO FORM:
CITY ATTORNEY '^
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
ViceMayor Feliu :Yea
Commissioner Russell :Yea
Commissioner Bethel:Yea
Commissioner Wiscombe Yea
Note:New wording underlined;wording tobe removed indicated bystrike through.
*J
South Miami
All-AmericaCity
wnv
2001
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor Date:December 18,2001
andCity Commission
From:Charles Scurr /)/?/!,\c&*''Re:Agenda Item &L
City Manager //£p Amending Ord.No.8-99-1682
//f\J^^Extending parking modifications
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE LAND
DEVELOPMENT CODE,SPECIFICALLY REGULATIONS DEALING
WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF
REQUIREDOFF-STREETPARKING,BYAMENDINGORDINANCENO.
8-99-1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9)
MONTHS THE MODIFICATIONS MADE TO SECTION 207.6(B),AND
THE SUSPENSION OF SECTION 20-4.4(G)AND SECTION 20-4.4(H),
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS
In May 1999,the City Commission adopted Ordinance No.8-99-1682,which modified and
suspended certain provisions of the Land Development Code dealing with reductions in off-street
parking requirements.The ordinance was adopted in response to concerns about the impact of
the Shops of Sunset Place on parking in the downtown area.It was felt that certain provisions,
e.g.,reduced parking near Metrorail and reduced parking based upon joint uses,should be
suspended for a period of nine months.In addition,the ordinance modified the parking
reductionsallowedintheHometownDistrictsothatduringthesamenine-monthperiodonlythe
City Commission could approve parking reductions for large projects.(See Attachment for LDC
Sectionsmodified/suspended)
The City Commission has on two occasions extended the effective period of the ordinance each
timeforan additional nine months.Thiswas accomplished by amending theMay 1999
ordinance.Thelast extension approved in February,2001 expired on August 6,2001.
The purpose of the ordinance was to allow time for staff and citizens to reevaluate the City's
parking regulations and to make necessary changes.This evaluation is complete.The City's
Zoning Task Force has recommended a number of adjustments to the parking bonuses in the
Hometown Zoning District and the TODD zoning district.These recommendations,beginning in
Extendingparkingmodifications
CommissionMeeting:December 18,2001
Page2 of2
January2002,willbepresentedtothePlanningBoardandCity Commission aspart of anoverall
redraft of the Land Development Code.
TheZoningTaskForceatitslastmeetingonOctober30,2001,recommendedthatparking
modificationandsuspensionordinancebeextendedonemoretimeforninemonths.Theattached
ordinanceamendstheoriginalMay1999ordinancebyextendingthemodificationsand
suspensions foran additional period of nine (9)months.(to April 4,2002)
CITY COMMISSION ACTION
The City Commission atits November 20,2001 meeting approved the draft ordinance on first
readingbyavote of 5ayesand0nays.
RECOMMENDATION
Itis recommended thattheproposedordinancebeadopted.
Attachments:
Proposedordinance
Attachment:LDCSections modified/suspended
Ordinance No.8-99-1682
Public Notices
LGL/SAY/A1CDS/RGL/SAY,
D:\Comm Items\2001\12-18-01\Extending Parking Moratorium Comm.Memo.doc
LDC SECTIONS SUBJECT TO MORATORIUM
MAY 4.1999 to AUGUST 4,2Q01
SECTION 20-7.6
Parking.(HometOWn)NOTE;Naw wording underlined.
(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)Where arcades are optional,buildings with arcades shall receive an additional five (5)
percent reduction in the required number of spaces.
(3)In addition to the above,one of the following may apply:
(a)Two-story buildings shall receive a fifteen (15)percent reduction in the required
number of spaces.
(b)Buildings of two (2)or more stories with uses from two (2)of the three (3)use
categories provided herein under "Permitted Uses,"each use constituting
no less than thirty (30)percent of the gross floor area,shall receive a thirty
(30)percent reduction in the required number of spaces.
(c)Buildings of three (3)or more stories with uses from each of the three use
categories provided herein,each use constituting no less than twenty-five
(25)percent gross floor area,shall receive a forty-five (45)percent
reductionintherequirednumber of spaces.
4.Fornewbuildingsgreaterthan 25Q.000 soft.,changes of useand additions greater
than 10.000 squarefeet,theallowableparkingadjustmentsidentifiedin
subparagraphs (2)and (3).above,shall require the affirmative vote of four (4)
members of the City Commission andfollowthose procedures established for
special use permits as set forth in Section 20-5.8(B)through (T\and shall follow
those procedures for public hearings set forth in Section 20-5.1 through 20-5.6.
5.Fornew buildings not exceeding 250.000 sqft..changesofuseand additions not
exceeding10.000square feet,theallowableparking adjustments identifiedin
subparagraphs (2)and (3).above,shall continue to be as provided.
6.Forreplacement of anexisting building,completelydamagedduetonaturalor
manmadedisaster,theallowableparkingadjustmentsidentifiedin subparagraphs
(2)and (3).above,shallcontinuetobeasprovided.
SECTION 20-4.4(G)
(G)Joint Use Spaces via Special Parking Permit.Two (2)or more uses may be permitted to
share the same required off-street parking spaces ina common parking facility,according
tothe following table:
Uses Weekdays Weekends
6 a.m.
through
6p.m.
6p.m.
through
6 a.m.
6 a.m.
through
6p.m.
6 p.m.
through
12 a.m.
12 a.m.
through
6 a.m.
Office or
Bank
100%5%10%5%5%
Retail 60%20%60%60%5%
Hotel 50%60%60%100%75%
Restaurant 50%75%75%90%10%
Theater 10%70%60%90%10%
Nightclub 5%50%5%100%90%
6 a.m.
through
6p.m.
6 p.m.
through
6 a.m.
6 a.m.
through
6p.m.
6 p.m.
through
12 a.m.
12 a.m.
through
6 a.m.
Apartment or
Townhouse
10%100%75%100%100%
Other Uses 100%100%100%100%100%
Method of Calculation:
Step 1.For each of the five (5)time periods,multiply the minimum number of
parking spaces required by Section 20-4.4(B),Space Requirements.
Step.2.Add the results of each column.The required number of parking spaces
shallequalthehighestcolumntotal.
SECTION 20-4,4 OP
(H)MetroRail Usage Considerations viaSpecialParkingPermit.Whenallora portion ofa
proposed structure oruseistobe located within one thousand five hundred (1,500)feet
of theSouthMiami MetroRail Station,asmeasuredfrompropertylineto property line,
four(4)affirmativevotes of thecitycommissionmayreducethenumber of requiredoff-
street parking spacesforsuchusebyuptofifty(50)percent,depending uponthenature
andtype of useanditspotentialuserrelationshiptorapid transit facilities,as provided for
under Section 20-4.4(J).
ORDINANCE NO.8~"-^32
5 cfT?TsSTTEH°FV^ffTMAJOR AND CITY COMMISSION OF TKpunUioUUTHMIAMI.FLORIDA pct \t-x-^-r^tt,.iJiH
11 EVAIUATFT^,ODNn THE DOWNTOWN PARKING SUPPLY1ShErb*jF?E^ARVPRJtvT^IESS °F SUCH ^VISIONS 5&
SEVERABILITY,ORDINANCES g CONTUct',AnTaTeSctpS15
16
17
.5 ~S--S-S£-S»:;-rsSr».=
20 community;and
21
25 supponi^S SS^ers 'ZSS^I"T!"?"^-24 redevelopment of their propertied ""*deveioP^nt ^
30 supplyEuS^dSK5S2??"s™"!?iaceon!hadowntowi•**«31 South MtaauU dX1S"S!*"^fSgUlati°nS ""^in ^~
34 citizen3^^q^S^J;^^-X^ire to afford Cuy StaLf and
3o propose any necessary changes;and Cuy Sparkmg reS"laHons and
36
39 'P EIn pa4Kmg Prov'S'ons in the Land Development Code;and
4!ComJl^SdSlS^T^^Md ^H°m8W^Di3trict Parking42incorporatedhareinandPPr°Ved ^ordinan«w"h comments which are
43
45 areas oSSJS^T ^"*CC^iS3i0n "<'°^leadership in
46
47
3 commSU^^v^sSuxTm^^S Ma™*»c'"
9 1.On-street spaces adjacent to a lot shall count toward the *,*.'rjutrements for that lot;aPartia!space longer than 1Vshall count Kg^space.
12
13 2.2.Where arcades are optional,buildings with arcades shall reCe,V«[J additional 5%reduction in the required number of spaces.*m
In addition to the above,one of the following may apply:
a-Two-story buildings shaii receive a 15%reduction in the recmired
number of spaces.~H
16 3.
17
18
19
20
21 b.ii b'BuUdings of two or more stories with uses from two of the three use
23 categories provided herein under "Permitted Uses,"each use
24 \ITZm?n°leSu ^30°/o °f the grOSS floor »••shal*««™ajU/o .eduction in the required number of spaces.25
2627 C'BLilldin^ot three or more stories with uses from each of the three
^tCateS0IifS provided herein*each use constituting no less than2D/o gross floor area,shall receive a 45%reduction in the required
number ot suaces.
23
29
30
31
32 ~?0T ngw ^Mags neater than 259 OOP soft.,changes ofuse *nH additions
34 ~Sl^^35 ,?fl m-^fe^-^Ljhe:Cirv Commissioned follow those
3?f^ffi^g!^^Procedure,foTo^ouTc hearings set
33
40
41
4-beas provided
43
44 6_
45 —
46
47
43
49
forth in Section 20-5 1-through 2QJS *
For new buildings not exceeding 250 000 <nf>changes of use and
additions not eyce-dm^10,000 sjuarg ?.,t gig allowable parking
ad.ustmentsidennHH in subparagraphs [2j and Qj pW,shall continue to
nr»a<z nrnvi.4aH -—•'
For replacement of an ^mm2 building.cnmnW.lv damaged du gl
orman made rltsaster ,h.sizable narkina aHh^T^r-rr^rrE
subparagraphs li)and j Q PhnVe.shall t-nnrini^^^^f^g======:=
J
4
5
6
7
8
9
10
li
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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27
28
29
30
31
"32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Speciai^SdS Pe J?"'I™2°f 4(H)>emitI*d "^MetroRail Usage ConsidPurposeoTe^Str the*5£^o^*"•*^°'**(9)*2>^developments.°^and Wropnawness of this provision*5 ^i£
P-rrnir'^TTrH'SeCti°n 20'4A&)>entitled "Joint Use Spaces via Sn •Si for a"lr;nded £^°«~«within t£bffiwffff >•*..,,
reason g^lid o^^^T^f*™^°^<«*r -
Section 7:
passage.This ordinance shall take effect immediately at the rime of its
PASSED AND ADOPTED this 4th day of Ha-'1999.
ATTEST:
^^?^A^7CITYCLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY "^
1st Reading:3/2/99
2nd Reading:5/4/99
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell
&^
iceived
HAY 13 1999
c:\\parking modification study ord.doc\Plarwina Board
MIAMI DAILY BUSINESS REVIEW
PublishedDailyexcept Saturday.Sunday and
LegalHolidays
Miami,Miami-DadeCounty.Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authoritypersonally appeared
O.V.FERBEYRE.whoon oath says that she is the
SUPERVISOR,LegalNoticesoftheMiamiDaily Business
Review f/k/a MiamiReview,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,published at Miamiin 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 12/18/01
RE:ORDINANCE RELATINGTOLAND DEVELOPMENT CODE,ETC.
in the XXXX Court,
was published in said newspaper in the issues of
ii/2c/2C0i
Affiantfurther says thatthe said MiamiDaily Business
Reviewisa newspaper published atMiamiin said Miami-Dade
County,Florida and thatthe said newspaper has
heretofore been continuously published insaidMiami-DadeCounty,
Florida,each day (except Saturday,Sunday and LegalHolidays)
and has been entered as second class mail matter atthe post
officeinMiamiin said Miami-Dade County,Florida,fora
periodof one year next preceding thefirst publication ofthe
attached copy of advertisement;and affiant further says that she
has neither paid nor promised any person,firmor corporation
any discount,rebate,commission or refund for the purpose
ofsecuring this>3<fvertisemej>HoT&vblication inthesaid
newspaper.
(SEAL)d$S3&.MARIA I.MESA
£•,'?.\'is MYCOWSSON*.CC383340
O.V.FERBEYRE persdW^y^qyjrT)to.f^Pr}:;;>^:.l4:,';;:^.,..„
5rt»ryur'.***fc*-<*.tf f9-^«SkMt»V^4(-'C4^-<U,>C>»V9WU^T£
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
All interested persons are hereby notifiedthattheCity Commission of
theCityofSouth Miami will conductapublichearingatitsregular City
Commission meeting scheduled for Tuesday,December 18,2001 be
ginning at 7:30 PMintheCity Commission Chamber,CityHall 6130
Sunset Drive,to consider thefollowing described ordinance(s)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO
THE LAND DEVELOPMENT CODE.SPECIFICALLY REGULA
TIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE
REDUCTION OF REQUIRED OFF STREET PARKING BY
AMENDING ORDINANCE NO 8-99-1632 IN ORDER TO CON
TINUE FOR ANADDITIONALNINE(9)MONTHS THEMODIFI
CATIONS MADETO SECTION 20-7.6(B).ANDTHE SUSPEN
SIONOF SECTION 20-4.4(G)AND SECTION 20-4.4(H)PRO
VIDING FOR SEVERABILITY.OR?NANCES IN CONFLICT
ANC F30V!G:.\Ci Afj E=-ECT.V=CA_=.
The subject ordinance canbe inspected .n theCity Clerk's Office,Mon
day-Friday during regular officehours.
Inquiries concerning 'hisitemshouldbedirectedto trie City Manager's
Office at 305 663-6338.
A!!interested parties are invited to attend.
Ronetta Taylor.CMC
CityClerk
Cityof South Miami
Pursuant toFlorida Statutes 286.0105.theCity hereby advises the pub-
iic thatifa person decides to appeal anydecision made bythis Board
Agencyor Commission with respect toany matter considered at its meet
ing orhearing.heorshe will need arecordofthe proceedings.a"d that fo'
such purpose,affected person may need to ensure that a veroatin record
of tne proceedings is made which record includes the testimony and ev;-
aence upon which the appeal isto be based.
11/26 0'-?-39'2'5177M