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Ord No 20-14-2198ORDINANCE NO.20-14-2198 An Ordinance amending Section 20-7.12 of the City of South Miami Land Development Code concerning parking requirements for restaurants within the Hometown District Overlay (HD-OV)Zone. WHEREAS,theCity of South Miami (the "City")adopted the Hometown District Overlay(HD-OV)in order "to invigorate theeconomicandsocial vitality of SouthMiami's "main street"business center;"and WHEREAS,one of theguidingprinciples of theHD-OVistoimplementaparkingcode thatrecognizesthesharedparkingbenefitsofverticallymixedusedevelopmentandthe opportunities of an enhanced Metrorail connection;and WHEREAS,consistentwiththeintentandpurpose of theHD-OV,theCitydesiresto modifytheparkingrequirementswithintheHD-OVtobetterreflectparkingdemandsforthe non-patron areas of restaurants;and WHEREAS,theCityAdministrationhasrecommendedapproval of theOrdinanceto moreequitablyaddresstheparkingrequirementsforrestaurantusesintheHD-OV;and WHEREAS,theCity Commission desires to accept the recommendation oftheCity Administration. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section1.Section 20-7.12 oftheCityof South Miami Land Development Code is hereby amended to read as follows: 20-7.12 Permitted uses. Theuses below are applicable tobothnewand existing buildings inthe Hometown District: USE TYPE Unadjusted Parking Requirements: 1 parking space required per: A.Storefront Uses *** Restaurant,GeneralorWalkUp*100 SF devoted to patron use 300 SF devoted to non-patron use *** *** *Uses marked with an asterisk require a special use permit with city commission approval.All other uses are permitted of right.Outdoor dining is permitted of right in special pre-approved areas(see Regulating Plan). Page 1 of2 Ord.No.20-14-2198 In addition to the uses above,monumental civic building uses are encouraged in the Hometown District andin particular for certain strategically located sites.Civic building uses shall include, forexample:City,county,state,orfederal buildings,including library,post office,meeting hall, administrative offices,performance place,police substation,and similar uses. *** Section 2.Codification.The provisions of this ordinance shall become andbe made part of the Code of Ordinances of theCity of South Miami as amended;that the sections of this ordinancemaybe renumbered or re-lettered to accomplish such intention;andthattheword "ordinance"maybe changed to"section"orotherappropriateword. Section 3.Severability.If anysection,clause,sentence,or phrase of thisordinanceis foranyreasonheldinvalidorunconstitutionalbyacourtofcompetentjurisdiction,thisholding shallnotaffectthe validity of the remaining portions of thisordinance. Section 4.Ordinances in Conflict.Allordinancesorparts of ordinancesandall sections andpartsofsectionsof ordinances indirectconflictherewitharehereby repealed. However,itisnottheintent of thissectiontorepealentireordinances,orparts of ordinances, thatgivethe appearance of beinginconflictwhenthetwo ordinances canbe harmonized or whenonlyaportion of the ordinance inconflictneedstoberepealedto harmonize the ordinances.Ifthe ordinance in conflict canbe harmonized by amending its terms,itis hereby amended to harmonize thetwo ordinances.Therefore,onlythat portion that needs tobe repealed toharmonizethetwoordinancesshallberepealed. PASSED AND ENACTED this 16^dayof September.2014. iST:APPROVED: a CLERK 1st Reading-8/19/14 2nd Reading-9/16/14 READ AND APPR^/ED ASJQFORM:COMMISSION VOTE:5-0 LANGUAGE^feALIT5j^(ND J Mayor Stoddard:Yea EXEfiy^fg&TO'REQF y Vice Mayor Harris:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea Commissioner Edmond:Yea Page 2 of2 Souf h ^Ml^rni OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI CE OF THE CITY MANA< INTER-OFFICE MEMORANDUM To:The Honorable Mayor &Members of the City Commission From:Steven Alexander,City Manager Thru:v,/Christopher Brimo AICP,Planning Director Date:August 19,2014 Agenda Item No.:IL Subject: An Ordinance amending Section 20-7.12of the Cityof South MiamiLand Development Code concerning parking requirements for restaurants within the Hometown District Overlay (HD-OV)Zone. Background: Following several recent applications for special usereviewfor restaurants inthe Hometown DistrictOverlay,the CityManager requested that the department look ata possible amendment of the parking ratio calculation for restaurants within the district Incalculatingparking requirements,generic standards that applyto individual land-use categories,suchasresidences,offices,shoppinganddiningare typically applied.The mostcommonlyusedguidelines,issuedbytheInstituteof Transportation Engineers in the Parking GenerationHandbook (ITE,2004),arebasedon observations ofpeak demandfor parking atsingle-use developments in relatively low-density settings with little transit (Shoup,2005).In these locations thatare used as models for determining standard parking ratios,thedestinationsare widely separated,parking is typically free, andwalking,biking,and transit aregenerallynotan option. As aresult,thismethodologytendstoassumethateveryonehasa car,everyonehasto drivetowork,andeveryonevisitingarestaurantarrivesbycar.Underthese conditions, parking cantakeupmorethan50percentofthelandusedinadevelopment.For more compact,mixed-use,walkable placeslikeSouthMiami's downtown district,these standards can end upcallingforfarmoreparkingthanis needed. Because thesetypesofparkingratiosareoftenborrowedfromone jurisdiction to another,theytendtoberemarkablyconsistentacrossdifferentcities.However,these standards donottakeinto account themanyhighlylocalvariablesthatinfluence parking,such as density,demographics,availability of public transit,potential for biking and walking,orthe availability ofother parking nearby.As a result,many communities are evaluating parking issues aspartofabroader process of reevaluating their overall development patterns. ProposedParking Amendment Hometown DistrictOverlay August 19,2014 Page2 of3 The City's parking ratio for restaurants currently requires 1 parking space per 100 gross square feetofspace.In thepaststaffhassuggestedthatthe ratio shouldbebasedon numbers of seats,ornet patron area,given thatthe goal ofthe district in part,is to: Reduce 'commuter traffic demand onstreets within the Hometown District topermit wider sidewalki^nd reduced traffic noise,velocity,andairpollution. Use buildings,arcades,trees,and modificationsto street widths,curbsandsidewalkstocreate a shaded,interesting andsafe environment that works forpedestrians aswellas for cars. Emphasize theuse ofincentives such asreducedparking requirements andexpeditedpermit processing to achieve a balance of retail,service,office,and residehiial usescharacteristic of healthy town centers. Implement a parking codethattreatsparking asanelement ofpublic infrastructure inan urban center (instead of a private matterina strip center)and that recognizes the shared parking benefits of vertically mixed development andtheopportunities of anenhanced Metrorail connection. [South Miami LDC Section 20-7.2(A)(2)-(5)] The proposed amendmentwouldsimply provide a variable parking requirementOne based on patron use area [seating area],anda lesser parking requirementbasedon non-patron usearea.The proposed changes areasfollows: 20-7.12 Permitted uses. USE TYPE Unadjusted Parking Requirements: 1 parking space required per: A.Storefront Uses *** Restaurant,Generalor Walk Up*100 SF devoted to patron use 300 SF devoted to non-patron use *** Asanexample,under thecurrentregulationsof1space/100 GSF,a4,000squarefoot restaurantwith1,500squarefeetofpatronseatingarea would require the provisionof 40total off-street parking spaces. [4,000 GSF'+100 =40] Under the proposed revision,thesame restaurant wouldneedto provide 15 parking spacesforpatronuseand8parkingspacesfor non-patron use,foratotalof23 parking off-street parking spaces. Patron Use (seating)area:[1,500 ~1$0 =15]Non-Patron Use Area:[2,500 +300 =8] CB Z:\Commission ltems\2014\08-19-14\Proposed Parking Amendment HD-OV\Proposed Parking Amendment_CM report.docx Proposed Parking Amendment Hometown District Overlay August 19,2014 Page3 of 3 Conclusion: Itis felt that in the context of a compact,mixed-use downtown environment with accesstoalternate modes of transportation,andin keeping with the overallspiritofthe Hometown District Overlay,itis prudent to consider a more flexible calculation when reviewingparkingasafunction of development Itis recommended thattheCity Commission consider the adoption of the proposed parkingrevision. Should the Commission voteinthe affirmative fpr theproposed change,those businesses that currently payintotheHometown parking fund.for their parking deficiencies,will be reevaluated priorto the issuance of theirannualbusiness occupational license (BTR)for FY2015.Thereare currently 4 existing businesses and2 thathavenotyetreceived their certificate ofoccupancythat fall intothis category. GB Z:\Commission !.Jems\2014\08-19-14\Proposed Parking Amendment HD-OV\Proposed Parking Amendment_CM report.docx MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday,Sundayand LegalHolidays Miami,Mlaml-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA,whoonoath says thatheor she isthe LEGAL CLERK.Legal Notices ofthe Miami Daily Business Revjew f/k/a Miami Review,adaily(exceptSaturday,Sunday andLegalHolidays)newspaper,publishedatMiamiinMiami-Dade County,Florida;thatthe attached copyofadvertisement, being aLegal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 9/16/2014 inthe XXXX Court, was published in said newspaper inthe issues of 09/05/2014 Affiant further saysthatthesaid Miami Daily Business Reviewisa newspaper published atMiamiin said Miami-Dade County,Floridaandthatthesaidnewspaperhas heretofore been continuously published insaid Miami-Dade County, Florida,eachday(exceptSaturday,Sundayand Legal Holidays) andhasbeenenteredassecondclass mail matteratthepost officein Miami insaid Miami-Dade County,Florida,fora periodofoneyearnextprecedingthefirst publication ofthe attachedcopyof advertisement;and affiant furthersaysthathe or shehasneitherpaid norpjxaiiised-ajiyperson,firm or corporation any discount,rfibaj^rCommission orrefund for the purpose gcuring this afjverttee^ent for publication in the said r newspaper. 5fn toand sTIbserij^d beforemethis 05 da#of SEBJEMBER X ,A.DA 2014 ^X) (SEAL) MARIAMESA personally knownto me Hi MIAMI HERALD I MiamiHerald.com SE SUNDAY,SEPTEMBER 7,2014 |31SE POLICE REPORT •SOUTH MIAMI A vandal painted redgraf fitionthesignatthe Rosie Lee Wesley Health Center at 6601 SW 62nd Ave.be tween 7 p.m.July18and7:45 a.m.July2LDamagewases timated at $220. A thief shattered the front passenger window of a black 2010 Audi TT and stoleabackpack,an Apple MacBook Pro,and a Duo- foldpen,all valued at$2,365, inaparkinglotinthe 6200 block of South Dixie Highway between 505 and 6:30 p.m.July22. •PINECREST A woman reported dam ageto her 2012 Hyundai when shearrivedatthepo lice department at 205 p.m. July 28.The woman,who lives in the 11800 block of I Southwest 69th Avenue, said the vehicle had been parked inan unfenced driveway sinceJuly26and hadnot been moved again until she discovered the damage,which isvaluedat $2,300. Police were called to the Bank of America at 9101 S. DixieHwy.about 405 p.m. July28in reference to verbal threats.The victim reported thata customer had verbally threatened her.The victim toldpolicethat when the of fender arrived at the bank and inquired why hisac counts had been closed,he became loud and offensive. When the offender was asked to leave,he was re ported to have said,"Don't worry,I will take care of you."The offender was not onthe scene when police ar rived and contact was not made with him. A mall carrier calledpolice about 1230 p.m.Aug.14after he noticed a brokenwindow at a,residenceinthe 8200 block of Southwest 133rd Street.Police determined that a thief broke into the house and took an unknown number of items. •KENDALL A thief smashed the left rear window of a white 2012 Cadillac Escalade EXT and stole all four rims and tires while the vehicle was in the driveway of a residence in the 12000 block of South west 100th Avenue be tween 9p.ra Aug 4and8:45 a.m.Aug.5.Damageandloss were estimated at$3,000. •PALMETTO BAY A woman called police in reference toapersonal iden CITY OF SOUTH MIAMI COURTESYNOTICE NOTICEISHEREBY given that the City Commission of the CityofSouthMiami,Floridawillconduct Public Hearing(s)atits regular City Commission meeting scheduled for Tuesday.September16.2014 beginning at7:00 p.m..in the City Commission Chambers,6130 Sunset Drive,to consider the following item(s): AnOrdinance granting to Florida Power fie LightCompany,its successors andassigns,an electric franchise,imposing provisions andconditions relating thereto,providing formonthly payments to theCityofSouthMiami,and providing foran effective date. An Ordinance amending Section 20-7.12 oftheCity ofSouth Miami Land Development CodcA concerning parking requirements for restaurants within the Hometown District Overlay (HD-OV)I Zone. An Ordinance oftheCityofSouth Miami,Florida,amending Section 2-7,Administrative department;functions and duties;creating acost recovery administrative program;providing for repeal of ordinances in conflict;and providing an effective date. AnOrdinance relating tothe fee schedule;amending ordinance 04-11-2077 to change thetitleto "Schedule of Fees and Fines"andto increase some fees,adding newfees,and deleting some fees fromthe schedule. ALLinterestedpartiesarcinvitedtoattendandwillbeheard. Forfurther information,pleasecontacttheCityClerk'sOfficeat:305-663-6340. MariaM.Mcncndcz,CMC CityClerk Pursuant io Florida Statutes 286.1)105,the City hereby advises the public thatif a person decides to appeal anydecision made bythis Board.Agency or Comiuiftioi)with respect toany matter considered atits meeting or heating,heorshewillneeda record of the proceeding*,and thai forsuch purpose,affected pernon mayneedto ensure thataverbatimrecord ofthe proceeding*ismadewhich record include*the tcxtimony andevidence uponwhichthe appeal ixto be ba»cd. tification fraud.The wo man,who lives in the 8900 block of Southwest 150th Street,said that someone used herpersonal identifi cationinformationtotryto changeher home andemail addresses on record at her bank on Aug.18. Police were called inrefer ence to a bank fraud after a man,who lives in the 7200 block of Southwest 174th Street,fraudulentlycashed aforged check tohis bank account on Aug.H. •CORAL GABLES One or more thieves broke into and ransacked a resi dence in the 2000 block of Red Road between noon and6:45p.m.Aug 7. A thief broke into and ran sacked a residence in the 100 block of Oak Avenue between noon Aug.7and 930 aon.Aug.9. A 20-year-old woman was arrested andcharged with grandtheftaftershetriedto steal $3,088 worth of mer chandise from the Nord strom Department store at 4310 Ponce de Leon Blvd. between 2:30and3p.m. Aug.6. A 51-year-old woman be camea victim of astrong arm robbery in the 500 block of Biltmore Way be tween 3and305p.ra Aug.6. •CUTLER BAY A thief broke intoagray 2013 Toyota Tundra and stole tools valued at$2,000 fromthedriveway ofaresi dence in the 10500 block of Southwest 200th Ter race between 6p jn.July30 and10 a.m.July3L A thief broke into a silver 2007 Toyota RAV4 and stole $5inchangewhilethevehi clewasparkedinthedrive way of a residence in the 18500 block of South west 87th Court between 4 p.m.July24and 930 a.m. July25. A thief broke into a black 2007 Dodge Ram 3500 parked along the roadside near Southwest 103rd Avenue and Caribbean Boulevard,and stole sever al tools and a wallet,allval ued at $9400,between 12:45 and 1a.m.July 19. This list isasamplingof crimesreportedinMiami- DadeCountycities.The informationistakenfrom officialpolicereports,which maynotcontain statements fromallparties involved. NOTICE OF PUBLIC HEARING CITYOFSOUTH MIAMI PlanningandZoningDepartment 6130SunsetDrive;SouthMiami,Florida33143 Phone:(305)663-6326;Fax#:(305)666-4591 OnThursday September 18,2014 at7:00 P.M.,theCity ofSouth Miami's Planning Board will conduct public hearings in theCityCommission Chambers attheabove address onthefollowing items: l.PB-14-008 Applicant*PonceDavis,LLC. A Resolution oftheCityofSouthMiami relating toarequest to allow forthe creation of parcels AandBon property specifically located at5980 SW80thStreet;SouthMiami,Florida withinan RS-3;LowDensity Single-Family Residential ZoningDistrict,pursuant to provisions pertaining to"Waiver of Plat"set forth inSection20-4.2(B)oftheCityofSouthMiamiLandDevelopment Code,andSection28-4oftheMiami- Dade County Code;for thepurpose ofconstructing twonewsingle family homes;andproviding for alegal description. 2.PB-14-009 Applicant:CityofSouthMiami Discussion ofthecompatibility between newsingle family home sizes,and existing homes within diesingle family zoningdistricts,andpossible recommendations forchanges totheCity's landdevelopment code. Allinterested parties are urged toattend.Ohjectiatu orexpressions ofapproval may bemade inpc/*on atthehearing orfiled inwriting prior tooratthehearing.The Planning Board reserves theright to recommend totheCityCommission whatever theboard consider*inthebcit interest for thearea involved.Interested parties requesting information arc asked tocontact thePlanning and Zoning Department bycalling 305-663-6326orwritingto die address indicatedabove. Vou are hereby advised that ifany person desires toappeal any decision made with respect toany matter considered atthis meeting orhearing, such person willneed a record ofthe proceedings,andfor such purpose mayneed to ensure thataverbatim record ofthe proceedings b made,which record includes thetestimony and evidence upon which theappeal istobebased (RS.2R6.010S).Refer to hearing number whenmakinganyinquiry. MIAMI HERALD |MiamiHeraId.com NEIGHBORS CALENDAR •CALENDAR,FROM 34SE CIVIC/GOVERNMENT CommunityServicesandthe Mil itary:Communitydiscussion on challenges facedbyveteransand returningmilitary seekingservices throughthe Veteran's Administration MedicalCenter.RSVPrequiredat beaconcouncilxom/events. 8a.m.Aug.28.Beacon Council,80 SWEighthSLSuite 2400,Downtown Miami.$30;$20 members. FAIRS&FESTIVALS BrlckeliFashion Market's,ATrend setter'sBazaar.Widerangeof trendyclothing,shoes,bagsand accessories fromreputable brands andup-and-comingdesignersfrom allovertheworld. 1)a.m.Aug.24.Intercontinental Miami,100ChopinPlaza,Downtown Miami.Free.786-546-8500. CulturalSoulsFineArtFair-Miami: Weekend artfair showcases the worksbyestablishedandemerging artistsfromaroundtheworldplus interactive demos andliveart auction. 10a.m.Aug.24.SherbondyVillage •TURN TO CALENDAR,38SE ALL LEVELS WELCOME! Intro Classes To Competative Leagues August 23 -December 13,2014 TwoFull Courts InOur Indoor Gym League Players Receive Uniforms&Trophies •Biddy Clinic -Grades K-l . •Youth Leagues -Grades 1-2,3-5 •Teen Leagues -Grades 6-8,9-12 •Corporate Basketball -18 yrs+ CALL:305.271.9000 x292 Dave and Mary Alper JCC ontheJay Morton-LevinthalCampus 11155 SW 112 Avenue,Miami »alperjcc.org SE SUNDAY,AUGUST 24,2014 |35SE CITY OF SOUTH MIAMI COURTESYNOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami,Florida will conduct Public Hearing(s)at its regular City Commission meeting scheduled for Tuesday.September 2.2014 beginning at7:00 pan.,inthe City Commission Chambers,6130 Sunset Drive,toconsider the following item(s): A Resolution authorizing the City Manager toexecute a five (5)year contract with Lax Parking Inc.for an amount not toexceed $1,120,419 for afive (5)year period. AnOrdinance granting toFlorida Power &lightCompany,itssuccessors and assigns,an electric •franchise,imposing provisions and conditions relating thereto,providing for monthly payments to theCityof South Miami,and providing for aneffective date. An Ordinance amending Section 20-7.12 ofthe City of South Miami Land Development J Code concerning parking requirements for restaurants within the Hometown District Overlay I(HD-OV)Zone,/ An Ordinance amending the City of South Miami Land Development Code Section 20-7.12 Permitted User,(A).Storefront Uses within the Hometown District Overlay,to reference provisions for schools adopted byOrdinance.05-11-2078. ALL interested parties arc invited to attend andwillbe heard. For further information,please contact theCity Clerk's Office at:305-663-6340. Maria M.Menendez,CMC CityClerk Pursuant toFlorida Statute*286.0105,the City hereby advises the public that ifaperson decides toappeal any decision made by this Board,Agency orCommission with respect toany matter considered atitsmeeting orhearing,heorshe will need arecord ofthe proceedings,and that for such purpose,affected person may need toensure that averbatim record ofthe proceedings is made which record includes thetestimony and evidence upon which theappeal istobebased. ( Ailofthesesessionsarefreeandopentothe public.For further information,please call Anita Gibboney at305-375-5414. ItisthepolicynfMiomUDnde Countytocomplywithall oftherequirements of flwAmeiiams with DisahilitiasAct.fhefacilityisaccessihle.Forsignlangtiage interpreters,assistivelisteningdevices .or materialsInaccessibleformat, pleasecall (305)175*1545 atleastfiveJaysinadvance. mum i-ui kiii 11 mmmmmnmMBMmn WHAT EDUCATION SHOULD BE! RIVIERA DAY SCHOOL 6800 Nervia Street.CoralGables,PL33146 I Tel.305.666.1856 RIVIERA PP^">ARATORY SCHOOL 9775 SW 87 Avenue,Miami,PL 33176 I Tel.786.300.0300 wvr iraschools.com I Accreditedby AISF,SACS,MSA,Ai,NCPSA,NIPSA MIAMI DAILY BUSINESS REVIEW PublishedDailyexcept Saturday,Sunday and LegalHolidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared MARIAMESA,whoonoath says thatheor she isthe LEGALCLERK,LegalNoticesoftheMiamiDaily Business Review f/k/a Miami Review,adaily(exceptSaturday,Sunday andLegalHolidays)newspaper,publishedatMiamiinMiami-Dade County,Florida;thatthe attached copyof advertisement, being aLegal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 9/2/2014 in the XXXX Court, was published in said newspaper in the issues of 08/22/2014 Affiantfurther says thatthesaidMiamiDaily Business Review isa newspaper publishedatMiamiinsaidMiami-Dade County,Florida andthatthesaid newspaper has heretofore been continuously published insaid Miami-Dade County, Florida,eachday(exceptSaturday,SundayandLegal Holidays) andhasbeenenteredassecondclassmailmatteratthepost officein Miami insaid Miami-Dade County,Florida,fora periodofoneyearnextprecedingthefirstpublicationofthe attachedcopyofadvertisement;andaffiantfurther says thatheor shehas neither paid norjHpmised any person,firm or corporation any discount,re^atercprrimission orrefund for the purpose otsoeuring^ws advertisement for publication inthesaid newspape (SEAL) MARIA MESA personallyknownto me —-B.THOtftt* I 4^Notary N*~•«•*«",'*#5ftA My comm.Expires •»"J17 ]&ffil commission #ff 034747 i