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Ord. No. 09-99-1683Ll ON 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 ORDINANCE NO. 9 -99 -1683 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING REGULATIONS OF THE LAND DEVELOPMENT CODE, AMENDING SECTIONS 20- 3.3(D), ENTITLED "PERMITTED USE SCHEDULE," 20 -4.3, ENTITLED "SIGN REGULATIONS' AND SECTION 20 -4.4, ENTITLED "OFF- STREET PARKING REQUIREMENTS'; PROVIDING FOR STANDARDS AND PROCEDURES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the South Miami Land Development Code regulates many important aspects of parking in the City of South Miami; and WHEREAS, there has been a tremendous increase in parking and traffic activity in the City of South Miami, especially in the Hometown District, since the opening of the Shops at Sunset Place; and WHEREAS, the increase in parking and traffic activity has evidenced the need to modify the sections of the Land Development Code, which regulate parking, in order to optimize the City of South Miami's parking system; and WHEREAS, the Mayor and City Commission find that it is in the public interest to provide an efficient parking system which maximizes available capacity and continues to protect single - family residences. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20- 3.3(D) of the South Miami Land Development Code (LDC) is amended to include "parking lot, commercial" as a permitted use, as follows: SECTION 20 -3.3 (D) ZONING DISTRICT USE TYPE O O p x ] x ro z a o d d � TRANSPORTATION, WAREHOUSING AND CO- Parking Lot, Commercial P P P P P Section 2. Section 20- 4.3(B) of the LDC is amended to ad I the following: Sin Portable commercial parking lot. Shall mean an A -frame sin which is ermitted for licensed commercial Parking lots and may be loclated on either public or PLIVaLU 1210yerty. 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 48 49 50 Section 3. Section 20- 4.3(I)(5) of the LDC is amended to add the following: nnn r� ur � SIGNS FOR COMMERCIAL One (1) PORTABLE SIGN per PARKING LOTS entrance /exit of ,a licensed commercial narking lot not to exceed a total of four signs. The sign shall not exceed foia three feet in height nor six square feet in area and.flLay shall be located within private property—, and a One (I l PORTABLE POLE SIGN per site is permissible only during h hours of operation Section 4. Section 20 -4.4 of the LDC is amended as follows: [See. 20- 4.4(E)(8)] (8) Parking under Buildings. Parking in structures under bull- ' gs-„r forming a basement -or ground floor of a structure is prohibited in all RS, RT, RM, RO and NR districts. Parking in structures forming a basement is prohibited in all RS and RT districts. [Sec. 20- 4.4(F)(2)(a)] (a) Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR, TODD 1, H, PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. [Sec. 20- 4.4(1)] (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision of valet parking spaces via special parking permit approved by four affirmative votes of the city commission, pursuant to the following conditions- (1) The valet parking operation shall comply with Section 20 4 L as amended from time to time of the South Miami Land Develo ment I Code, entitled "Valet Parking." [The remaining paragraphs are 2 numbered and reordered.) 3 (2) The number of required parking spaces that are not provided on the 4 same property as the use approved for valet parking shall be provided 5 via the off -site parking provision in Section 20- 4.4(F)(2), or the city 6 commission may approve the use of on- street parking spaces to provide 7 for a portion of or all of the required parking spaces. 8 (3) Valet parking, as provided in Section 20- 4.4(I), shall not make use of 9 off -site parking located adjacent to residential property and/or RO zoned 10 property after 7-97: 00 p.m. I l L4) In no case shall vehicle stacking or double parking be permitted on 12 public rights -of -way or public streets to supply the required parking 13 spaces for the valet special parking permit. 14 15 16 [Sec. 20 -4.4 (J)] 17 18 (3) ":marking --perms be 19 approve , ' 20 mombe hill �11ew hes® 21 preyed; hr €e�spe ^.w'. t « f t e p.°. �ioaarz�a -ov , 22 and, shall fallwA, those pro rinr^ F „t t:^ t, o « + t b neral- irl -Semis 2��� r 23 throag 10 -5:6 —[The above is renumbered Section 20- 4.4(K)] 24 25 (J) Interim Parkinr Permit. In SR MO and TODD zoning districts due to the 26 limited land available for parking Interim parking may be permitted by four (4) 27 affirmative votes of the city commission, subject to the following criteria: 28 29 (1) A site plan demonstrating all physical aspects of the operation must 30 be submitted and approved by the City. 31 32 (2) Permits for each lot may be issued for interim parking on private or 33 public property for a period not to exceed six (6) months and may be 34 renewed every six (6) months. 35 36 (3) A permit fee of $250 shall be required in addition to the special use 37 application fee. 38 39 (4) The lot shall be restored to its original condition by the permitee 40 upon the expiration or cancellation of the Interim Parking permit 41 42 (5) Access to the parking lot shall be secured when the lot is not in use 43 44 (6) Interim parking lots are not required to comply with the South 45 Miami Land Development Code requirements related to parking lot 46 landscaping_ paving, or drainage;. however, they shall: 47 48 i. Provide safe access to and from the site without damage to 49 existing sidewalks or curbs through an improved safe 50 drivewav access. I ii. Secure anv damaged area in such a fashion that will prevent 2 pedestrian or vehicular access to such area and shall be 3 repaired within two weeks of the occurrence of the damage 4 iii. Provide a ten (10) foot wide level surface area along those 5 portions of the property which abut a public righ+ of way, 6 where sidewalks are not available to accommodate the safe 7 and unobstructed passage of pedestrians The City may 8 allow a reduction in the width if the City determines that 9 safety concerns are otherwise met 10 iv. Provide a narking lot surface that is level and suitable for 11 the quantity and frequency of traffic expected to use it free of 12 tripping hazards and without potential safety hazards 13 V. Maintain the narking lot in good condition and avoid 14 conditions indicative of a public nuisance which shall 15 include, but not be limited to the followin • erosion 16 problems potholes silting of streets dust overgrowth and 17 accumulation of litter and debris. 18 vi. Keep the parking lot free from litter, as that term is defined 19 by chanter 13A -2 of the City Code of Ordinances 20 21 (7) The City shall assess the impact of the Interim..parking request on 22 the surrounding road network.. The City may impose reasonable 23 requirements and conditions including a traffic study if necessary, 24 to the Interim parking permit to ensure the continued compatibility 25 with the surrounding road network 26 27 (8) Interim Parking lots shall provide parking for disabled persons in 28 accordance with all applicable law. 29 30 31 (9) Parking fees for Interim Parking are permitted and a proposed fee 32 schedule must-be submitted with the application for Interim parkin$ 33 permit. 34 35 (10) All signage must be in accordance with the portable commercial 36 parking lot sign regulations as found in Section 20-4.3. 37 38 (11) All attendants must be well - groomed and wearies easily 39 identifiedable uniforms. All attendants shall wear on their uniform a 40 name tag identifying employee's name at all times 41 42 (12) Attendants shall not station themselves upon the public right of way 43 for the purpose of actively attracting customers or for any other 44 purpose which results in an interruption to pedestrian and vehicular 45 traffic flow. 46 47 (13) The City may require the operator to hire off duty police officers 48 49 (1 4) The Interim Event parking _permit may be revoked by the City 50 Manager upon a finding that the use is not in compliance with the 51 LDC or is causing a public nuisance 11 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 48 49 50 [Sec 20- 4.4(K)] [The below is amended and renumbered Section 20- 4.4(L)] (K) ens leasable- -spae- [Section 20- 4.4(K) is amended and renumbered 20- 4.4(L)] (K) Procedures for Special Parking Permit Special narking permits may be approved disapproved or approved with conditions by the affirmative vote of four (4) members of the city commission Special parking permit procedures shall follow those procedures established for special use permits as set forth in Section 20-5.8(B) through (F) and shall follow those procedures for public hearings set forth in general in Sections 20-5 1 through 20 -5.6. [The above, entitled "Procedures... " was moved from Sec. 20- 4.4(J).] [Sec. 20- 4.4(L)] [The below, entitled "Parking Fees renumbered and amended.] (L) Parking Fees Prohibited Generally; was moved from Sec. 20- 4.4(K), Exceptions. 1 (1) No parking fees, charges or other remuneration shall be charged for 2 the use of any or all off - street parking spaces as may be required by 3 this Code, except as provided in this Section. subparagraph--0) 4 below 6 (2) Nothing herein this paragraph shall be construed to affect any 7 parking fees, charges or other remuneration for publicly -owned 8 parking spaces. .n4w-aff-str- eparkng- Hasesneteqte dky -this 9 Code: L• - e lea �t.uc 3S- t6- Se-%e -tlle— ee�vii-oirve -ds n- ...,.... .n__t.- Y�ariciirg -'iacv 9 H.r •ti+' i� !'it.r F C 1,' 1. f6� pr8pe -n, "' — rzxc�:-rv7— Ur "- c�vpiTi- M.c¢ar-- ..- ,i,crr - -ro •ar+v °v ='$6iz =g-cci�...�.t,.... v....c.v =xotrklEtt6n: 1 r vcvd-9Ile �+e .53 unless the 't commissie q shall g ante-furthep- aiye-r -under :g a" Y. L > leasable space: ti9 (3) Commercial Parking Lots shall be considered as any parking lot or =1 structure which provides parking spaces for a fee charge or other remuneration and shall be permitted in the SR MO GR PI and } TODD zoning districts pursuant to the following conditions 7 (a) The use shall not be the principal use and shall serve only as an accessory use. (b) The use shall have a current South Miami occupational license. 1 (c) The use shall not be subject to the regulations contained in >� Sections 20- 3.6(I)(3)-(5) relating to accessory structure or > use setbacks and location. but shall be required to comply 1 with the remainder of 20- 3.6(I) Section 20-4.4, Section 20- i 4.5 and all other applicable regulations of the South Miami 2 Land Development Code 3 4 (d) For a given parcel on which a commercial parkin lot is 5 located, no commercial parking lot shall charge a fee or other 6 remuneration for the code required narking spaces which 7 serve that parcel's principal use(s) 0 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 48 49 50 51 (e) For the purpose of Commercial Parking Lots only, the parking spaces required by this Code for a given use shall not be considered as required during that use's non business hours. (fl A report must be submitted biannually that includes the following: ii. Propertv owner consent ounamgi s) the operation including but not limited to the following: location of licensed uses number of parking spaces. commercial parking lot area landscaping location and elevation of si na a and points of ingress /egress V. List of licensed uses including hours of operation located on the subject parcel(sl vi. Calculations demonstrating the gross floor area tra (gfa) of on -site buildings, the gfa of on site uses a £1 • F nuffibap -, LoggiLi'1041 i!3 j 1 F A n r ssle- viii. Any additional information required by the city (g) All attendants must be well-groomed and wearifhu, Basil identifiedable uniforms. All attendants shall wear on their nnifnr (h) Attendants shall not station themselves upon the public right-of-way for the Purpose of actively attracting customers or for any other purpose which results in an interruption to pedestrian and vehicular traffic flow. (i) All signage must comply with Section 20-4.3 of the LDC 2 3 4 5 6 7 8 9 10 11 12 (i) The City may require the operator to hire off -duty police officers (k) The parking lot shall be kept free from litter, as that term is defined by chapter 13A -2 of the City Code of Ordinances (1) The Commercial Parking Lot occupational license may be revoked by the City Manager upon a finding that the use is not in compliance with the LDC or is causing a public nuisance (5) Special Events Parking Permit In SR MO and TODD zoning districts due to the limited land available for narking and the short term duration and single 13 occurrence of many events Special Event parking may be permitted by the City Manager, 14 subject to the following criteri a 15 16 (a) A site plan demonstrating all physical aspects of the operation must 17 be submitted and approved by the City. 18 19 (b) Permits for each lot may be issued for Special Event narking on 20 private or public property for a period not to exceed 15 days and 21 may be renewed once, for an additional 15 days 22 23 (c) An application fee of $150 is required The application fee may be 24 waived at the sole discretion of the City Commission 25 26 (d) The lot shall be restored to its original condition by the permiee 27 upon the expiration or cancellation of the Special Event Parking 28 permit. 29 30 (e) Access to the parking lot shall be secured when the lot is not in use 31 32 (I) Special Event parking lots are not required to comply with the South 33 Miami Land Development Code requirements related to parking lot 34 landscaping, paving, or drainage; however, they shall: 35 36 i. Provide safe access to and from the site without damage to 37 existing sidewalks or curbs through an improved safe 38 driveway access. 39 ii. Secure any damaged area in such a fashion that will prevent 40 pedestrian or vehicular access to such area and shall be 41 repaired within two weeks of the occurrence of the damage 42 iii. Provide a ten (10) foot wide level surface area along those 43 portions of the property which abut a public right-of-way. 44 where sidewalks are not available to accommodate the safe 45 and unobstructed passage of pedestrians The City may 46 allow .a reduction in the width if the City determines that 47 safety concerns are otherwise met 48 iv. Provide a parking lot surface that is level and suitable for the 49 quantity and frequency of traffic expected to use it free of 50 tripping hazards and without potential safety hazards I v. Maintain the narking tot in good condition and avoid 2 conditions indicative of a public nuisance which shall 3 include but not be limited to the following, erosion 4 problems potholes silting of streets dust overgrowth and 5 accumulation of litter and debris 6 vi. Keep the parking lot free from litter, as that term is defined 7 by chapter 13A -2 of the City Code of Ordinances 8 9 (g) The City shall assess the impact of the Special Event parking request 10 on the surrounding road network The City may impose reasonable 11 requirements and conditions including a traffic study if necessary_ 12 to the Special Event parking permit to ensure the continued 13 compatibility with the surrounding road network 14 15 (h) Special Event Parking lots shall provide parking for disabled 16 persons in accordance with all applicable law. 17 18 (i) Parking fees for Special Event parking are permitted and a proposed 19 fee schedule must be submitted with the application for Interim 20 parking permit. 21 22 (j) All_signage must be in accordance with the portable commercial 23 parking lot sign regulations as found in Section 20-4.3. 24 25 (k) All attendants must be well groomed and wearigg easily 26 identifiedablg uniforms. All attendants shall wear on their uniform a 27 name tag identifying em l�oyee's name at all times 28 29 (1) Attendants shall not station themselves upon the public right of way 30 for the purpose of actively attracting customers or for any other 31 purpose which results in an interruption to pedestrian and vehicular 32 traffic flow. 33 34 (m) The City may require the operator to hire off duty police officers 35 36 (n) The Special Event parking permit may be revoked by the Cit 37 Manager upon a finding that the use is not in compliance with the 38 LDC or is causing a public nuisance 39 40 41 Section 5. If any section, clause, sentence, or phrase of this ordinance is held to be 42 invalid or unconstitutional by any court of competent jurisdiction, the holding shall in no 43 way affect the validity of the remaining portions of this ordinance. 44 45 Section 6. All ordinances or parts of ordinances in conflict with the provisions of 46 this ordinance are hereby repealed. 47 48 Section 7. This ordinance shall take effect immediately at the time of its passage. 49 50 Section 8. This ordinance shall apply to existing Commercial Parking Lot 51 operations. Operators of existing Commercial Parking Lots shall have 60 days, unless that 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 time is extended by the City Manager for good cause, to come into compliance with the requirements of this ordinance. PASSED AND ADOPTED THIS 4th day of, May 1999 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Ist Reading: 3/2/99 2nd Reading: 5/4/99 c:\...\ Parking Requirennents.doe APPROVED: MAYOR -- COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: 5 -0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commission Date: April 30, 1999 Agenda Item # t t From: Charles D. Scurr f000, Subject: Revised Parking Requirements City Manager REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING REGULATIONS OF THE LAND DEVELOPMENT CODE, AMENDING SECTIONS 20- 3.3(D), ENTITLED "PERMITTED USE SCHEDULE," 20 -4.3, ENTITLED "SIGN REGULATIONS' AND SECTION 20 -4.4, ENTITLED "OFF- STREET PARKING REQUIREMENTS"; PROVIDING FOR STANDARDS AND PROCEDURES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The recent opening of the Shops at Sunset Place has caused an increase in parking and traffic activity in the City of South Miami. This increase has evidenced the need to modify many of the City's parking regulations in order to optimize its parking system- - maximizing capacity and appropriately providing for commercial parking have been identified as being of the utmost importance. The proposed ordinance would amend several sections of the Land Development Code (LDC), which regulate parking, allowing for the clarification and optimization of existing sections and providing for a better utilization of the City's existing gross parking capacity. The ordinance strives to balance the need for more, and better, parking with the need to protect the City's character. As a result, the key elements of the proposed ordinance, Interim Parking, Special Event Parking and Commercial Parking Lots, provide innovative ways to better utilize the City's gross parking supply; but, they also provide extensive safeguards to ensure that neighborhoods are not negatively impacted by such concerns as sign pollution, litter, noise and public safety issues. The proposed ordinance, approved by the City Commission on March 2, 1999 on First reading. The ordinance was presented to the Planning Board on March 9, 1999 for review and recommendation. After a public hearing and a lengthy deliberation the Board felt the need for a workshop with the merchants and the property owners. A workshop was conducted by the Planning Board on March 30, 1999. Based on the input received and discussion by the Board members a number of changes were recommended. These changes, while extensive, does not alter the intent or the purpose of the original ordinance. A revised version of the ordinance was presented to the Hometown District Parking Committee on April 19`h and was approved 5 -0 by the Committee. On April 27, 1999 the Planning Board also recommended approval of the proposed ordinance by a vote of 5 -0. RECOMMENDATION: Approval. Attachments: Proposed Ordinance passed on 1 s` reading Section 20- 3.3(D); Sec. 20 -4.4 Minutes of Hometown District Parking Committee meeting of April 19, 1999 Excerpts from April 27, 1999 Planning Board meeting c:\...\ Parking Requiremencs.doc ZONING REGULATIONS 20-3.3 WAREHOUSING AND COMMUNICATIONS Food Products ­­f nn Furniture 8t Firturaa Upholstery Shoo Section 1563 Mobile EXCERPT FROM THE SOUTH MIASft CODE OF ORDINANCES definition and regulation (a) A mobile vendor is any person, firm, corporation or other entity which travels from place to place selling any and all goods, wares, and merchandise, including, specifically, food food products and beverages. (b) All mobile vendors are prohibited from operating or doing business in the City of South Miami except as hereinafter provided. (c) Mobile vendors selling food, food products and beverages may operate and do business in I zoning districts or upon construction sites where work is actively in progress upon the following terms and conditions: i. No mobile vendor shall station itself upon any public street or right- of•way. Neither shall any mobile vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow of traffic in public streets or rights-of-way nor block pedestrian access to streets or rights-of-way, ti. All mobile vendors must provide on the premises upon which their own trash and garbage removal such that no trash or garbage remains ch the vending was conducted. iii. No mobile vendor shall remain in any one site longer than thirty (30) minutes except in the case of a special event, exhibition, exposition, art show and/or festival not to exceed five (5) days and when further specifically permitted by a majority air vote of the city commission by resolution. iv. Mobile vendors must operate from four -wheel motorized vehicles registered in the State of Florida except in the case of fairs, exhibitions and expositions not exceeding five (5) days. Supp. No. 3 37 OTHER REGULATIONS 20-4.4 (M) Computations. The following principles shall control the computation of sign area and sign height: (1) Computation of Area of Individual Signs. The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the sign content, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting structure clearly incidental to the display itself or any other clearly incidental decorative element; (2) Computation of Area of Multi -faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one Point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 3 feet apart, the sign area shall be computed by the measurement of one of the faces; and (3) Computation of Height. The height of a sign shall be computed as the distance from grade as defined in this Code to the top of the highest component of the sign or supporting structure. I(Ord. No. 1 -91 -1466, 1- 15 -91; Ord. No. 9 -92 -1504, 5- 19 -92; Ord. No. 4- 93.1533, 6 -1 -93; Ord. No. 18-93 -1544, H 2, 3, 11- 16-93; Ord. No. 19 -96 -1619, § 1, 10 -1 -96) 20-4.4 Off-street parking requirements. (A) Applicability. All structures and uses which are erected, established or enlarged within the city shall provide adequate off - street parking spaces and control mechanisms for on -site vehicular and pedestrian traffic in order to insure the safety and convenience of the public pursuant to the requirements of this section. (1) On- street parking spaces adjacent to a Iot shall count toward the parking require- ments set forth below in subsection (B) for that lot; a partial space longer than eleven (11) feet shall count as a full space. (2) Unimproved rights -of -way adjacent to business property in commercial zoning dis- tricts may be improved by the abutting property owner for credit as on- street parking spaces by written application to the City Manager. On- street parking spaces may be assigned and credited to other properties within 1,500 feet of any on- street parking space by written consent of the property owner to whose property the space is currently credited with the written consent and approval of the City Manager. The City Manager will determine if the installation of parking meters is merited and appropriate for the area. supp. No. 2 93 20.4.4 . SOUTg (B) SPace � 14ND I)MLOPMENT CODE Requirements. The each Permitted or special use shall n°�wn number of off-street pates Where fractional spaces res as set forth number. result, then below and referenced in Se spaces umber of spaces required shall be �0tt 2� f (1) Two (2) s x•31 paces Per dwelling he net highest who, (2) Two (2) s g unit. paces per dwellin enclosed. g Wit, Provided that at least one (3) One and 1) space per unit shall b with one alf (1.5) spaces per effi ' e (4) One (1) 8 or more bedrooms, plus an additional studio unit and two (2) spaces (5) One Pace per guest r two al visitor space for ry tee Per t and three - quarters (�5 plus (2) spaces for the receptions (10) (6) One (1) space spaces per bed. office. pace per three (3) seating spaces in the main (8)) One (1) space per one hundred (100 assembly m. y roo (9) One (1) space per one hundred fifty (150 are feet of gross floor area. (10) One (1) space per two hunched (200) square feet of gross floor area. (1) space per two hundred guars feet of gross floor area. ( 2) One (1) space u (250) square feet of gross floor Per three (1) s ) square of area. One 300 (13) One (1) s Pace per four hundred (400) square feet t gross floor area. pace per five of gross (14) One (1) space per one dred (500) square feet of gross floor area. area. (15) thousand (1,000) square One (1) space per four (4) seats quare feet of (16) Five grass floor area. (5) spaces seating places. paces per alley or five hundred (500) square feet of (C) Dimensional Design Standards. (1) rink area. Standard non - handicapped parkin spaces. All re be a minimum of nine (9) feet in width b accessways, required off-street Y eighteen (18) feet - p �gspacesshall (D) Required Han depth, exclusive of Spaces for the dIcaPPed SPaces. With either Florida Build, handicapped or disabled Sh the above uilding Code a alternatives, off-street spaces shall be required. SFBC). For uses re be Provided as required a Scut g quiring five (5) or fewer by the South (1) HandicaPPed spaces no handicapped feet in depth, shall aPAed Pth, or twenty-one minimum of twelve contiguous except (21) feet in width by e (12) feet to width b (2) spaces, pt for eighteen Y eighteen (18) Signs or accessways. (18) feet in depth For symbols indicating h+'o (2) required for each designated space red bySFBC „Handicapped Parkrrr g Only,, shall be 3UPP. N0.2 94 , OTHER REGULATIONS 20-4.4 (E) Required Parking Improvements. (1) Every required off -street parking area shall be graded and drained to prevent damage to adjacent properties, streets and alleys and shall be surfaced with erosion resistant material, in accordance with all applicable codes. (2) Markings and signs. (a) Off-street parking areas shall be marked with painted lines, curbs or other means to indicate individual spaces. (b) Signs or markers shall be used as necessary to insure efficient traffic circulation within all required parking areas. (3) Lighting. (a) Lighting shall provide footcandle illumination as required by SFBC of all required off -street parking spaces if such spaces are to be used at night. (b) Lighting shall be arranged and installed to minimize glare on adjacent residen- tial properties and districts. (4) Off -street parking spaces shall be separated from walkways, sidewalks, streets or alleys by an approved wall, fence, curbing or other protective device. (5) Landscaping for all off -street parking areas shall be required, in accordance with Section 20 -4.5. (6) Awnings, canopies or other metal, canvas or fabric- covered shelters shall be designed, p1w.: d or used for parking of motor vehicles between the right -of -way and the front buLuing line, except in residential districts and as regulated herein. (7) Entrances and exits. (a) Entrances and exits shall not be located where they may create undue traffic problems. (b) All entrances and exits to required off -street parking areas shall be located not less than fifteen (15) feet from any street intersection and designed so as to prohibit the backing out of vehicles into public rights -of -way. (c) Landscaping, curbing or control barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians. (8) Parking under buildings. Parking in structures under buildings or forming a basement or ground floor of a structure is prohibited in all RS, RT, RM, RO and NR districts. (9) No vehicular access to an RO use shall be permitted on a side adjacent to and/or facing property zoned for single - family residential purposes, unless that side is the only possible means of access to the RO property. (F) Location and Ownership of Spaces. (1) All off -street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. Supp. ho. 2 95 20.4.4 SOUTH X[AMI LAND DEVELOPMENT CODE (2) Spaces located off-site. (a) Off -site parking spaces shall be permitted in RM, R0, L0, M0, NR, SR, Gl , I, PR and PI districts, with the provision that if off. street parking is adjacent to residential zoned properties and/or RO zoned properties, special use would be applicable for approval. process (b) Required off- street parking spaces may be located and maintained up hundred (600) feet from a residential or institutional to six use served and up to one thousand (1,000) feet from a noninstitutional and nonresidential use served. (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 ins required parking will be provided, or as a condition of the issuance o the building e permit for the principal use the owner of the offsite parkin shall covenant in form and substance satisfactory record a commission providing Y to the city attorney and city g record notice of the commitment of that load to parking Purposes for the principal use If at any time such 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 (3) use shall be subject to revocation by the city manager, after notice and hearing. Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not (bel Permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line (re Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be e share the same required off-street parking spaces in a common Parking y permitted to the following table: P king facility, according to Uses Office or Bank Retail Hotel Restaurant Theater Nightclub SuPP No. 2 Weekdays 6 a.m. through 6 p.m. 100% 60% 50% 50% 10% 5% 6 p.m. 6 a.m. through through 6 a.m. 6. P.m, 5% 10% Weekends 6 p.m. 12 a.m. through through 12 a.m. 6 a.m. 5% 5% 20% 60% 60% 60% 60% 100% 5% 75% 75% 75% 70% 60% 90% 10% 50% 5% 90% 10% 100% 90% 0 Uses Apartment or Townhouse Other Uses OTHER REGULATIONS 20.4.4 Weekdays Weekends 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through through through through 6 p.m. 6 a.m. 6 P.M. 12 a.m. 6 a.m. 10% 100% 75% 100% 100% 100% 100% Method of Calculation: 100% 100% 100% 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 shall equal the highest column total. (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the city commission may reduce the number of required off - street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its Potential user relationship to rapid transit facilities, as provided for under Section 20- 4.4(,n. (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision of valet parking spaces via special parking permit approved by affirmative vote of the city commission. The number of required parking spaces that are not provided on the same property as the use approved for valet parking shall be provided via the off -site parking provisions in Section 20.4.4(F)(2), or the city commission may approve the use of on- street parking spaces to provide for a portion of or all of the required parking spaces. Valet Parking, as provided in Section 20- 4.4(I), shall not make use of off -site parking located adjacent to residential property and/or RO zoned property after 7:00 p.m. In no case shall vehicle stacking or double parking be permitted on public rights -of -way or public streets to supply the required parking spaces for the valet special parking permit. (J) Procedures for Special Parking Permit. Special parking permits may be approved, disapproved, or approved with conditions by the affirmative vote of four (4) members of the city commission. Special parking permit procedures shall follow those procedures established for special use permits as set forth in Section 20- 5.8(B) through (F), and shall follow those procedures for public hearings set forth in general in Sections 20 -5.1 through 20 -5.6. (K) Parking Fees Prohibited Generally; Exceptions. (1) No parking fees, charges or other remuneration shall be charged for the use of any or all off - street parking spaces as may be required by this Code, except as provided in subparagraph (3) below. SUPP. No.2 96.1 v0 • ,d Li UND DEVELOPMENT CODF. (2,1 Nothing herein shall be construed to affect any parking fees, charges or other remnneration for publicly - owned parking spaces or for off - street parking spaces not ! equired by this Code. (31 In SR, $ and MO zoning districts, the city commission may waive the prohibition contained in subparagraph (1) above under such terms and conditions as it may establish, following public hearing, when it determines that the met following criteria are (a) The sole purpose of the parking fee, charge or other remuneration is for the use of excess and/or unused off-street leased spaces to serve the lessee's off-street Parliag needs for property within the City of South Miami which is under tree construction or reconstruction. '(b) The time period for such waiver shall not exceed one year unless the city commission shall grant a further waiver under the provisions of this paragraph for good cause shown. (c) The waiver will not result in a violation of the off - street parking requirements established by Article IV of the Land Development Code. (d) For purposes of this subsection, the phrase "excess and/or unused off-street leased parking spaces" shall mean those off-site parking spaces which are either in excess of those parking required for the lessor or which are unused by the lessor, comparing lessor's occupancy to lessor's total leasable space. E&Itor's note —At the city's request, subsection (I) herein has been relettered as subsection (ID. Supp, hm ,2 96.2 SUMMARY MINUTES REGULAR MEETING PLANNING BOARD Tuesday, April 27, 1999 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag of the United States A. Ms. Chimelis, acting Chair, called the meeting to order at 7:35 p.m. B. The Pledge of Allegiance was recited in unison. Ill. Roll Call A. Board members present constituting a quorum 1. Ms. Chimelis, Ms. Gibson, Mr. Lefley, Mr. Wiscombe, Mr. Illas B. Board members absent 1. Mr. Pages, Mr. Morton C. City staff present 1. Subrata Basu (ACM/Planning Director); John Little (Principal Planner); David Struder (Board Secretary) HI. Public Hearings ITEM: PB -99 -005 Applicant: THE RICHARD- BRANDON COMPANY Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTIONS 20 -7.9 "DOWNTOWN STREETS" AND 20 -7.13 "REGULATING PLAN" OF THE LAND DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE SR "SPECIAL,TY RETAIL" ZONING DISTRICT, SPECIFICALLY ON S. W. 57 COURT BETWEEN S. W. 73 STREET AND S. W. 74 STREET, SOUTH MIAMI, FLORIDA 33143. I. Mr. Basu began by noting a correction to the number for this item, stating that it should read P13-99 -005, as opposed to PB -99 -004. PB MINS 04 -27 -99 2. Mr. Wiscombe read the request into the record. 3. Staff presented the item to the Board, summarizing that the request involves deviating from build -to -lines on SW 74 Street; deviating from a maximum footprint of the building of 20,000 sq. ft by providing 34,200 sq. ft, and deviating from the depth criteria relating to the principal structure by having 87.7 percent, rather than 70 percent. 4. Staff explained that the project complies with and exceeds parking requirements and complies with and meets the intent of the Hometown Plan. 5. Staff noted that the project will contain a mix of uses with retail on the ground level, including arcades on the ground level, and will have class -A office space. 6. Staff continued by elaborating on the reasons for the deviations involved in the request, stating that the deviations are more matters of practicality and are not violations of the design and spirit intended by the Hometown Plan. 7. Following a brief discussion by the Board and staff, representatives for the application approached the podium and signed in to speak on the project. 8. Mr. Richard Mattaway, Mr. Pablo Hernandez, and Mr. Jason Chandler, spoke before the Board. 9. Mr. Mattaway, of the Richard Brandon Company, began by providing background information relating to development of the concept of the project. 10. Mr. Mattaway noted that the project involves a mixed -use structure, having both retail and office uses and having wider sidewalks and setbacks than required by the Hometown Plan, inclusive of a street -front arcade. 11. Mr. Hernandez and Mr. Chandler, architects for the project, gave a presentation of the project relating a variety of information, including the layout of the parking portion and the dedication of the rear alley. 12. Staff noted that the project involves 14,000 retail and 50,846 office, with a total of 263 parking spaces. 13. Staff confirmed that the project is not taking advantage of any parking incentives provided by the Hometown Plan. 14. The public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in to speak before the Board. Mr. Tucker related that he had taken note of the deviations included in the project and felt that the presentations given tonight adequately explained the reasons for the deviations. PB MINS 04 -27 -99 2 b. Mr. Tucker suggested that the project include sufficient greenery and landscaping, and he thanked all of those involved for conceiving a project that would have sufficient parking. 15. The public hearing was closed. 16. The public meeting continued. 17. The Board and staff discussed a variety of related concerns, including but not limited to the purpose and layout of the rear alley area; traffic issues of nearby residential areas; and landscaping plans for the project. 18. Discussion was held in regard to the rear portion of the project, including the alley and the elevation. 19. The Board suggested that the rear portion be enhanced, perhaps with landscaping of the alley and architectural features for the elevation. 20. Staff suggested that the rear elevation be enhanced with landscaping, perhaps with bougainvillea and /or other hanging vines. 21. Motion: Mr. Illas moved approval of the proposal, inclusive of the recommendation that an additional design be considered for the rear of the structure. Mr. Wiscombe seconded the motion. 22. Vote: Approved 5 Disapproved 0 ITEM: PB -99 -003 Applicant: MAYOR & CITY COMMISSION Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING REGULATIONS OF THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" 20 -43, ENTITLED "SIGN REGULATIONS" AND SECTION 20 -4.4 ENTITLED OFF - STREET PARKING REQUMMENTS "; PROVIDING FOR STANDARDS AND PROCEDURES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 1. Ms. Gibson read the request into the record. 2. Staff presented the item to the Board, noting that the document has been updated in response to recommendations discussed at the public workshop held on March 23, 1999. 3. The Board and staff reviewed the changes to the document. 4. The Board and staff concurred that language requiring attendants' nametags to be visible at all times be added to the document. PB MINS O4 -27 -99 3 5. The Board and staff concurred with the suggestion that a reflective material be used for the portable pole signs having the "P" or international parking symbol. 6. The public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. 7. The public hearing was closed. 8. The public meeting continued. 9. Motion: Mr. Illas moved approval of the ordinance, inclusive of the modification to the language incorporating the phrase at all times. Ms. Gibson seconded the motion. 10. Vote: Approved 5 Disapproved 0 IV. Approval of Minutes A. Minutes for March 23, 1999 1. The Board duly voted and approved the minutes for March 23, 1999, as submitted. 2. Vote: Approved 5 Disapproved 0 V. Remarks A. Topic for discussion 1. The Board and staff briefly discussed the status of the Chair's membership, as he will be moving, and staff related that Mr. Pages had not submitted his formal resignation. VI. Adjournment A. There being no further business before the Board, the meeting was adjourned at 9:40 p.m.: B. Respectfully, 1. Board Chairperson Date 2. Board Secretary Date PB MINS 04 -27 -99 4 Pursuant to Florida statutes 286.0105, the city hereby advises the public that if a person decides to appeal any decision made by this board, agency, or commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the city for the introduction or admission or otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. PB MINS 04 -27 -99 a SUMMARY MINUTES REGULAR MEETING HOMETOWN DISTRICT PARKING COMMITTEE April 19,1999 - 7:30 PM I. CALL TO ORDER A. Mayor Robaina called the meeting to order at 7:35 p.m. II. ROLL CALL A. Committee members present constituting a quorum 1. Mayor Julio Robaina, Mr. Ed Boas, Ms. Sharon McCain, Mr. Enrique Noriega, Ms. Lydia White B. City staff present 1. Charles Scurr (City Manager); Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Ronald Stroyne (Parking Director) II. SELF INTRODUCTION AND OPENING REMARKS A. Following a self - introduction, Mr. Scurr gave a brief background on the history and previous activities of the committee. 1. Mr. Spurr reported that the committee has been inactive for almost two years, however, the City Commission wants to reactivate the committee in order to get its input on the various parking - related c::sues within the Hometown District. Due to the recent activities and the impact of the Shops on the downtown parking inventory, the need for the committee has been greater than ever. 2. Mayor Robaina emphasized that the City gives a lot of consideration to the recommendations that come from boards and committees and assured that the comments from this committee will be taken very seriously and incorporated into the decision - making process. The City Commission has just increased the size of the committee to six citizens, plus the Mayor. The committee still needs two more members. The full committee will have a composition of two merchants, two downtown property owners, and two residents. 3. Mr. Boas suggested that the Commission consider having alternate members to get more people involved and also to avoid not having a quorum if someone cannot make a meeting. 4. Mr. Scurr also advised the committee that the city is in the process of preparing a parking assessment study for the Hometown District. The committee members were also advised that the downtown traffic study is being delayed because the level of activities has subsided to a level that is not creating any extraordinary traffic and parking conditions at this time. HDPC MINS 04 -19 -99 IV. ELECTION OF CHAIR AND VICE -CHAIR A. Election of Chair and Vice -Chair was deferred until new members can be appointed. V. NEW BUSINESS A. Discussion relative to modifying and suspending certain provisions of the parking requirements. (Copy of the proposed ordinance attached.) 1. Mr. Basu presented the parking modification ordinance to the committee members and explained the intent of the proposed ordinance. After considerable discussion, it was suggested that the threshold for new development be lowered from 50,000 square feet to 25,000 square feet, with a provision to allow replacement of existing structures to be rebuilt with the allowable parking adjustment. Mayor Robaina moved to approve the ordinance with the suggested amendment. The motion was seconded by Mr. Noriega and was approved 5 -0. B. Discussion relative to amendments to the parking regulations. (Copy of the proposed ordinance attached.) 1. The second ordinance that was presented to the committee related to the revised parking regulations. Mr. Basu outlined the purpose and went over the highlights of the ordinance. The committee was informed that the Planning Board held a workshop with the merchants on this issue and some of the changes were a result of that discussion. After a short deliberation, Mayor Robaina moved to approve the ordinance as presented. The motion was seconded by Ms. White and was approved 5 -0. VI. REMARKS A. Parking incentive program 1. Discussion ensued and it was agreed by everyone that the parking incentive program in the Hometown Plan be reviewed during the period that the proposed parking modification ordinance is in effect. B. Other remarks 1. Ms. McCain advised that the "Residential Parking Only" signs are not being enforced adequately. Mr. Noriega expressed concern about the drop off /pick up at the Banyan Court at the Shops complex. He felt that the something should be done to facilitate traffic flow on Sunset Drive. Mr. Noriega also indicated that traffic continued to cut through his neighborhood, and he counted 23 cars in a 16 minute -time period that did not stop at a stop sign at 58 Ave and 76 Street. C. Future committee meetings I. It was decided that the meeting will be held on the third Monday of every month at 7:30 p.m. The next meeting will be on May 17, 1999, at 7:30 p.m. HDPC MINS O4 -19 -99 2 VII. ADJOURNMENT A. There being no further business, the meeting was adjourned at 9:30 p.m. HDPC MINS 04 -19 -99 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Dally Business Review f /k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dads County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS APRIL 20, 1999 In the .......... XXXXX ..................... Court, .. vireuplishad in,seldnewspsper In the Issues of AANN Afflant further says that the said Miami Daily Business Review 19 a newspaper published at Miami In said Datle County, Florida, and that the said newspaper has heretofore base continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post offlcs I In seitl Dada County, Florida, for a period of on ear nex recsding the first publication of the attached co y of aM Isement; and afflant further says that she has rte her pal nor promised any person, firm or corporation an discotAll,relp ate, ommisslan or tofu d for the purpose of u g this adv Isement for to tlon In the Bald no or. x t SvgAm tYoipd subscribed before me Iffi9 P 1 N ...... day of ..........�........... A.D. 19...... (SEAL) OFFICIAL NOTARY OFFICIAL NOTARY SEAL Sookle Willla G�{efepnaliyknd'wN88M1e.N HARMER OpMMRr_o' Hi"d10ER cc'5453 a4 T —ter J- ^t<- CGMMi4av}e, E� CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting Tuesday, April 20, 1999 beginning. at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider the following described ordmance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, AMENDING SECTION 20 -7.7 (B), ENTITLED 'BUILDING AND THEIR PLACEMENT — MAIN STREETS, SUNSET & RED ROAD,' SECTION 20- 7.7 (C), ENTITLED REQUIRED ELEMENTS — MAIN STREETS, SUNSET DRIVE & RED ROAD; AND SECTION 20- 7.11(B) ENTITLED 'BUILDINGS AND THEIR PLACE- MENT — GENERAL PROVISIONS, APPLY TO ALL; PRO- VIDING FOR ARCADE AND AWNING STANDARDS; PRO- VIDING FOR SEVERABILITY, CONFLICT AND AN EFFEC- TIVE DATE. (i st Reading - March 2, 1999) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY OF ASSESS THE IMPACT OF THE SHOPS AT SUN- SET PLACE ON THE DOWNTOWN PARKING SUPPLY, EVALUATE THE APPROPRIATENESS OF SUCH PROVI- SIONS AND PREPARE NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PE- RIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading - March 2, 1999) ' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RELATING TO THE PARKING REGULATIONS OF THE r LAND DEVELOPMENT CODE, AMENDING SECTIONS 20• 3.3 (D), ENTITLED 'PERMIT USE SCHEDULE; 20 -4.3, EN- TITLED 'SIGN REGULATIONS' AND SECTION 20 -4.4 EN- TITLED 'OFF-STREET- PARKING REQUIREMENTS'; PROVIDING FOR STANDARDS AND PROCEDURES; PRO- VIDING FOR REPEAL, SEVERABILITY, AND AN EFFEC- . TIVEDAT'E. (1st Reading - March, .2, 1999) Said ordinaries can be inspected in the City Clerk's Office; Monday Friday during regular office hours. - - Inquiries conceming this item should be directed to the Planning Department at: 663 -6327. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 419 99- 3 -0409nr"