Ord. No. 08-84-1203ORDINANCE NO.8-84-1203
ANORDINANCEOFTHECITYOFSOUTH MIAMI,FLORIDA,AMENDING
ARTICLEVOFSECTION1OFORDINANCE NO.20-71-724,HERETO
FORE ADOPTED ASTHE OFFICIAL ZONING ORDINANCE OF THE CITY
OF SOUTH MIAMI,FLORIDA,BY ADDING A SUBSECTION 5-10-3.05
CREATINGASPECIALUSEPERMITTOALLOWATWOLEVELPARKING
STRUCTURE ONRO ZONED PROPERTY WHERERO ZONED PROPERTY
ABUTSCOZONEDPROPERTYWITHCERTAINCONDITIONS;WHICH
SPECIALUSESHALLBEGRANTEDONLYAFTERAPUBLICHEARING
ISHELDBYTHECITYCOMMISSIONTODETERMINETHEOVERALL
COMPATIBILITYOFTHEPROPOSEDUSEWITHTHE NEIGHBORHOOD;
FURTHERBYAMENDINGSECTION5-10-4.04TOINCLUDETHAT
WHEREANELEVATEDPARKINGAREAISASPECIALUSEUNDER
SUBSECTION 5-10-3.05,SUCH STRUCTURE SHALL NOT BE PERMITTED
TOCOVER MORE THAN70%OF THE'NETLOT AREA;BYAMENDING
SUBSECTION 5-10-4.09 TO INCLUDE AN EXCEPTION FORATWO LEVEL
PARKINGGARAGEWHENALLOWEDASASPECIALUSEUNDERABOVE
AMENDED SUBSECTION 5-10-3.05.
WHEREAS,the Planning Board of the City of South Miami has
considered the request herein granted and made their recommendation of approval
thereof;and
WHEREAS,Staff of the City of South Miami has considered the
request herein granted and made their recommendation of approval thereof;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
OFTHECITYOFSOUTH MIAMI,FLORIDA:
Section 1.ThatArticleVofSection1of Ordinance No.20-71-724
heretofore adopted as the Official Zoning Ordinance of the City of South Miami,
Florida,be,and the same is hereby amended by adding a subsection 5-10-3.05
creating a Special Use Permit to allow a two level parking structure on RO zoned
property where RO zoned property abuts CO zoned property with certain conditions:
5-10-3.05 parking structure;provided that parking at not more than two
levels on RO property where an RO property abuts a CO property
and where the RO property is to be used solely to provide
off-street parking to serve a building ora portion ofa
building to be constructed solely on the CO property,subject
to the following oonditions:
a)a unity of title linking the RO and CO properties shall be
provided;
b)no main building shall be constructed on the RO property;
c)the square footage of the building (s)to be constructed
on the CO property shall not exceed what is permitted by
the zoning regulations to be constructed on the CO
property;
d)the finished floor elevation of the second level of
parking shall be no higher than four (4)feet six (6)
inches above grade;
e)the second parking level shall conform to all setback
requirements of the RO District except that it shall be
^Hnitted *five (5)foot interior side setback;
f)the second parking level shall meet all the requirements
of Article XV,Vehicular Use Area Landscaping,as if it
were at-grade parking,including,but not limited to,
required landscape island;
g)the ingress and egress to the RO property shall be solely
from the CO property and shall not be permitted from the
right-of-way (s)abutting the RO property and shall not
create adverse traffic conditions;
h)the second parking level shall be designed,landscaped,
and screened from view,to the maximum extent possible;
i)the proposed plans shall be subject to complete review,
approval,modification or denial by the Environmental
Review &Preservation Board pursuant to Article XI to
ensure the preservation ofthe residential character of
the RO property,and the overall integrity of the
development;
j)A Declaration of Restrictive Covenants providing for
substantial compliance with the architectural and land
scaping plans offered as part of the application and
further providing for the perpetual maintenance of land
scaping as shown on the landscaping plan,shall be submitted
as part of the application and review of the City Attorney
and of the City Commission.The Declaration of Restrictive
Covenants shall be recorded inthe Public Records of Dade
County,as the owner's expense,immediately following any
approval of the application.
k)A Public Hearing by the City Commission shall be held to
determine the overall compatibility of the proposed use with
the neighborhood.The application for a Special Use Permit,
as provided herein,shall only be granted if the City
Commission affirmatively finds,in it descretion,that the
application meets the criteria (a)through (j)listed above
and further affirmatively finds that the application preserves
and enhances,to the maximum extent possible,based upon
merits of the landscaping and architectural plans submitted,
the residential character of the RO property as it relates
to the surrounding neighborhood.In the making of the above
finding,the City Commission may consider,among other
evidence presented,the testimony of affected neighboring
property owners.
Section 2.ThatSection5-10-4ofArticleVofOrdinance
No.20-71-724,heretofore adopted as the Official Zoning Ordinance of the City
of South Miami,Florida,be,and the same is hereby amended by adding.to subsection
.04 established maximum Floor Area Ratio (FAR):
.04 The maximum allowed floor area ratio(FAR)for each site
shall be determined by Table R0-1 subject to the criteria
listed in Section 5-10-4,subsection .06.Further,the
maximum lot area that may be covered by structures shall
not exceed thirty (30)percent of the net lot area;
provided,however,that an elevated parking area permitted
asaSpecialUseunderSection 5-10-3.05 shallnotbe
permitted tocovermorethanseventy (70)percent ofthe
net lotarea.
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Section 3.That Section 5-10-4 of Article VofOrdinance No.20-71-724,
heretofore adopted as the Official Zoning Ordinance of the City of South Miami,
Florida,be,and the same is hereby amended by adding to subsection .09 setting
forth requirements for required off-street parking:
.09 Required off-street parking spaces may be?permitted
below grade provided that no moare than one (1)level
of parking be allowed except as otherwise provided by
Section 5-10-3(.5)hereof.No off-street parking spaces
shall be permitted in the front yard setback area.
Section 4.All Ordinances or parts of Ordinances in conflict herewith be,
and the same are hereby repealed.
Section 5.This Ordinance.shall take effect immediately at the time of its
passage.
PASSED AND ADOPTED this 5th day of June,1984.
Approved:
Attest:
CITY CLERK
Passed on 1st Reading:5/15/84
Passed on2nd Reading:6/05/84
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