Ord. No. 26-91-1490ORDINANCE NO.#-91-1
AN ORDINANCE OP THE MAYOR AND CITY COMMISSION OP THE
CITY OP SOUTH MIAMI,FLORIDA;AMENDING SECTION 20-
3.3(D)OF THE LAND DEVELOPMENT CODEOP THE CITY OF
SOUTH MIAMI,FLORIDA TO PERMIT AUTOMOBILE PARKING
STRUCTURE ASA SPECIAL USEINRO DISTRICTS;AMENDING
SECTION 20-3.4 OP THE CODE TO ADD A NEW SECTION (15)
SETTING FORTH THE SPECIAL USE CONDITIONS FOR AUTOMOBILE
PARKING STRUCTURES INRO DISTRICTS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES INCONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of South Miami,Florida has heretofore
enacted aLandDevelopmentCodeprovidingforapermitted use
schedule;and
WHEREAS,therepresentlydoesnotexistapermitteduseof
parking structures within theROdistrict;and
WHEREAS,theMayorandCity Commission wish to amend the
Land Development Codeto provide for parkingstructureswithin
the RO district as a special use in the permitted use schedule;
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITY
COMMISSION OFTHE CITY OFSOUTHMIAMI,FLORIDA:
Section 1..Section 20-3.3(D)of the Land Development Code
of the City of South Miami,Florida be,and hereby is,amended to
permit parking structures asa special useinRO districts as
follows:
CP
ZONING DISTRICTS 0A
RLMNSGI HPPDK
000RRR IRSG
Automobile Parking
Structure S 15
Section 2.Section 20-3.4 of the Land Development Code
of the City of South Miami be,and the same iS/hereby amended
to add a new section (15)as follows:
(15)PARKING STRUCTURE IN RO DISTRICTS.Parking
structures in RO districts are permitted provided that
parking is not more than two levels on RO property
where an RO property abuts a MO property and where the
RO property is to be used solely to provide off-street
parking to serve a building ora portion ofa building
tobe constructed solely ontheMO property,andwhen
RO property willnotabutresidentialproperty,subject
to the following conditions:
(a)aunityoftitlelinkingtheROandMO 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 ontheMOpropertyshallnot exceed whatis
permitted bythe zoning regulations tobe constructed onthe
MO property;
(d)the finished floor elevation ofthe second levelof
parking shall be no higher than four (4)feet six (6)inches
above grade;
(e)thesecondparkinglevelshall conform toall
setback requirements of the RO district except that it
shall be permitted at five (5)foot interior side
setback;
(f)the second parking level shall meet all the requirements
of Sec.20-4.5,Vehicular Use Area Landscaping,as ifit
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 MO property and shall not be permitted
from 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 bythe Environmental Review
and Preservation Board pursuant to Sec.20-6 (C)to ensure
the preservation of the residential character of the RO
property,andtheoverallintegrityofthedevelopment;
(1)a Declaration of Restrictive covenants providing for
substantial compliance with the architectural and
landscaping plans offeredas part oftheapplication
andfurther providing forthe perpetual maintenance of
landscapingasshownonthelandscaping plan,shallbe
submitted aspartofthe application and review ofthe
City Attorney andoftheCityCommission.The
Declaration of Restrictive Covenants shallbe recorded
inthePublicRecordsofDade County,attheowner's
expense,immediately following any approval ofthe
application;
(k)a Public Hearing bytheCity Commission shallbe 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's
discretion,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
neighboringpropertyowners.
Section,.^If any section,clause,sentence,or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction,then said holding shall in no
way affect the validity of the remaining portions of this
3
Ordinance .
Section 3.All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 4.This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this J-j th day of November ;1991.
APPROVED:
MAYOR
ATTEST:
«o
CITY CLERK
mCMa
READ AND APPROVED AS TO FORM
Jm&ndL/.
CITY ATTORNEY