Ord. No. 21-96-1621ORDINANCE NO.21-96-1621
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT
OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE TO CREATE A
NEW SUB-SECTION 20-4.4(A)(1)AND 20-4.4(A)(2),IN ORDER
TO PROVIDE A MECHANISM FOR CREDITING ON-STREET PARKING
TOWARDS REQUIRED PARKING AND CREATING A PROCESS FOR THE
ASSIGNMENT OF ON-STREET PARKING CREDITS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,on October 19,1993,the City Commission adopted
the Hometown District Overlay Ordinance which granted parking
creditfor on-street parking spacesunder Section 20-7.6;and,
WHEREAS,sub-Section 20-7.6 (B)(1)reads that "On-street
parking 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;"and,
WHEREAS,City Administration recommends thatall commercial
propertiesintheCitybeextendedtheopportunitytocounton-
street parking spacetowardsrequiredparking,inorderto
encourage new businesses andto offer fairandequal opportunity
to all businesses in all commercial areas within the City;and,
WHEREAS,the Mayor andtheCity Commission find thatitis
inthe public interesttoexpandthecreditfor on-street parking
spacesto commercial zoningdistrictsthatarenot located solely
in the Hometown Overlay District,in order to permit fair and
equal access to on-street parking creditforall entrepreneurs.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.A new sub-Section 20-4.4 (A)(1)is hereby created
to read as follows:
(1)On-street parking spaces adjacent to a lot shall count
toward the parking requirements set forth below in sub-
Section (B)for that lot;a partial space longer than
eleven (11)feet shall count as a full space.
On-Street Parking Ordinance:2nd Reading November 19,1996
Page2ofOrd.No.21-96-1621
Section 2.A new sub-Section 20-4.4(A)(2)is hereby created
to read as follows:
(2)Unimproved rights-of-way adjacent to business property
in commercial zoning districts may be improved by the
abutting property owner for credit as on-street parking
spaces by written application totheCityManager.
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 thespaceis currently credited with
the written consent and approval of the City Manager.
The City Manager will determine ifthe installation of
parking meters is merited and appropriate forthearea.
Section 3.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
byacourtofcompetent jurisdiction,theholdingshallnot
affect the validity ofthe remaining portions of this ordinance.
Section 4.All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5.This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 19 day of November 1996.
ATTEST:
dL+JLtZ*^
CITY CLERK
1st Reading -October 1,1996
2nd Reading -November 19,1995
READ AND APPROVED AS TO FORM
/(C.6><//-y^
CITY ATTORNEY
APPROVED:
VICE-MAYOR
COMMISSION VOTE:
Mayor Cunningham:
Vice Mayor Robaina:
Commissioner Price:
Commissioner Bethel
Commissioner Young:
4-0
Not present
Yea
Yea
Yea
Yea
c:\...\reports \On-Street-Pkg-ord.doc
On-Street Parking Ordinance:2nd Reading November 19,1996
To:
From:
Mayor andCity Commission
L.Dennis Whitt
CityManager
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Date:November 13,1996
Agenda Item #f **
Re:Comm.Mtg.11/19/96
On-Street Parking Ordinance
REQUEST:
ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA,
RELATING TOAN AMENDMENT OF THE CITY'S ADOPTED LAND DEVELOPMENT CODETO CREATE ANEW
SUB-SECTION 20-4.4(A)(l)AND 20-4.4(A)(2),IN ORDER TO PROVIDE A MECHANISM FOR CREDITING ON-
STREET PARKING TOWARDS REQUIRED PARKING AND CREATING A PROCESS FOR THE ASSIGNMENT OF ON-
STREETPARKINGCREDITS;PROVIDINGFOR SEVERABILITY;PROVIDINGFORORDINANCESIN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
On October 19,1993,theCity Commission adoptedzoning regulations forthedowntownarea,
knownastheHometown District OverlayOrdinance,whichgrantedcreditforon-streetparking
spacesforallpropertiesinthedowntownarea.TheCity Administration recommendsthatthis
privilegebeextendedtoanypropertyforusebybusinessesinallcommercialzoningdistricts.
Theproposed ordinance alsoincludesprovisionsfortheimprovement of rights-of-way andthe
assignment of on-street parkingcreditsbywrittenconsent of the abutting property owners.
On November 12,1996,after brief discussion andtwo public remarks in favor of the ordinance,
thePlanningBoardvoted5:0torecommendapproval of theordinanceaspresented.
RECOMMENDATION:Approval.
Attachments:
ProposedOrdinanceRegardingOn-StreetParking
MemorandumtoCity Manager datedAugust28,1996
Letter toDr.&Mrs.Mariani dated August 30,1996
Letter toMs.Leah Wieder datedAugust30,1996
Excerpted Draft Planning BoardMinutesfrom November 12,1996
City Manager's Report:On-StreetParkingOrdinance
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
(AUG 28 1598
CHI MANAGER'S OFFICE
To:Eddie Cox Date;August 28,1996
CityManager
l6#From:Bill Mackey,AICP *U/Jf Re:Proposed Dental Use at
Director ofPlanning &Zoning 6101 S.W.76 Street
PROPOSED DENTAL USE AT 6101 S.W.76 STREET
Per our previous discussion,I have investigated the property at 6101 S.W.76 Street regarding
availability of parking spaces for a proposed dental office.The existing structure on the site
measures 79.5 feet by 50 feet which comprises a total of 3,975 square feet of gross building
area.The required parking for a dental office is one parking space per 200 square feet of gross
floor area;therefore,20 parking spaces must be provided to permit a dental office at this site.
The existing site configuration provides for seven perpendicular parking spaces,three parallel
spaces and one covered parking space along the alleyway to the west of the property.The public
right-of-way immediately adjacent to the property provides four metered spaces along 76 Street.
There is room for three additional metered spaces along 61 Avenue immediately adjacent to this
property;however,currently there are no metered spaces adjacent to the site along 61 Avenue.
RECOMMENDATION
I recommend that City Administration propose amending the Land Development Code,in order
to permit on-street parking spaces to be counted toward the fulfillment of required parking under
Section 20-4.4(B).This is already permitted in the Hometown District via Section 20-7.6(B)(l)
andshouldbepermitted citywide.
However,this solution will only partially address the parking requirement for a proposed dental
use at 6101 S.W.76 Street.With adjacent on-street parking counted toward the required parking
the site would still only provide 18 parking spaces.This would permit up to 2,000 square feet of
dental office use and 1,975 square feet of non-medical or general office uses (a 50/50 use split).
An additional two on-street parking spaces may be supplied by improving the right-of-way in
front of the property immediately across the street at 7541 S.W.61 Avenue;however,this kind
of arrangement should be approved in writing by the property owner of 7541 S.W.61 Avenue.
Finally,a formalized process regarding the "across-the-street"arrangement should be included
in the proposed amendment to the Land Development Code,so that any property owner can
make similar arrangements regarding similar property and proposed uses anywhere in the Citv.
/o
City of South Miami
6130 Sunset Drive,South Miami,Florida 33143
August 30,1996
Dr.&Mrs.R.Mariani
11225 S.W.57 Court
Miami,Florida 33156
Dear Dr.&Mrs.Mariani:
This letter is in response to your inquiry regarding a proposed dental office useon your property
located at 6101 S.W.76 Street.Upon reviewing your request and the requests ofother property
owners,the City Administration will be formulating new legislation to permit on-street parking
adjacent to commercial properties tobe counted towards required parking.In addition,a section
will be included that proposes the creation ofa formal process whereby property owners whose
properties already contain sufficient parking may assign on-street parking tobe credited towards
theparkingrequirementofnearbypropertieswhereparkingisinsufficient.
This will require an amendment tothe Land Development Code.The process requires two
Public Hearings and may onlybe initiated by affirmative majority vote oftheCity Commission.
The Public Hearing process is approximately two months in duration,and the City Commission
may choose nottoadopta proposed amendment atthe completion ofthe process.Atthis time,I
anticipate presenting a preliminary document totheCity Commission onOctober 1,1996.
If you have any questions regarding this matter,please contact meat(305)663-6327.
Thank youfor your interest.
Sincerely,
Bill Mackey,AICP
Director ofPlanning&Zoning
c:Eddie Cox
CityManager
Brian T.Soltz
Planner
"Cityof Pleasant Living'[0
City of South Miami
6130 Sunset Drive,South Miami,Florida 33143
August 30,1996
Ms.Leah F.Wieder
256 Costa Brava Drive
Islamorada,Florida 33036
Dear Ms.Wieder:
This letter isin response toyour inquiry regarding a proposed beauty salon useonyour property
locatedat7500S.W.61 Avenue.Uponreviewingyourrequestandtherequests of other
propertyowners,theCity Administration willbeformulatingnewlegislationtopermiton-street
parkingadjacenttocommercialpropertiestobecountedtowardsrequiredparking.Inaddition,
a section will be included that proposes the creation ofa formal process whereby property
owners whose properties already contain sufficient parking may assign on-street parking tobe
credited towardsthe parking requirement of nearby properties whereparkingis insufficient.
This will require an amendment tothe Land Development Code.The process requires two
Public Hearingsandmayonlybe initiated by affirmative majority voteoftheCity Commission.
The Public Hearing process is approximately two months in duration,andtheCity Commission
may choosenottoadopta proposed amendment atthe completion ofthe process.Atthis time.I
anticipatepresentingapreliminarydocumenttotheCityCommissiononOctober 1.1996.
If you have any questions regarding this matter,please contact meat(305)663-6327.
Thank youfor your interest.
Sincerely,
'fej&zj^
Bill Mackey,AICP °\/
Director ofPlanning &Zoning
c:Eddie Cox
City Manager
Brian T.Soltz
Planner
"City ofPleasant Living'
10
EXCERPTED
MINUTES
PlanningBoard
Tuesday,November 12,1996
City Commissioners'Chambers
7:30 P.M.
ITEM:PB-96-021
Applicant:MayorandCity Commission
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TOAN AMENDMENT OF THE CITY'S
ADOPTED LAND DEVELOPMENT CODE TO CREATE ANEW SUB-SECTION 20-
4.4(A)(1)AND 20-4.4(A)(2),IN ORDER TO PROVIDE A MECHANISM FOR
CREDITING ON-STREET PARKING TOWARDS REQUIRED PARKING AND
CREATTNG A PROCESS FOR THE ASSIGNMENT OF ON-STREET PARKING
CREDITS;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTTVE DATE.
Ms.Thomer read the request.Staff gave their presentation,stating that the ordinance will allow
properties located outside the Hometown District to credit on-street parking towards the required
total amount of parking that they must provide.Staff noted that similar regulations allowing
crediting of parking currently apply to properties located in the Hometown District only.Staff
added that the responsibility for improving those on-street parking areas involved will be that of
either the subject property owners or those subject to the terms of the individual agreements.
Staff also added that the City will determine improvements to the ROW and metering of the
spaces.Staff closed their presentation by recommending approval of the proposed ordinance.
Publichearingwasopened.
Ms.Suzanne Wolfsohn,of 6790 Sunset Drive,signed into speak before the Board.Ms.
Wolfsohn stated that,as parking presents a major consideration,the ordinance if approved will
be conducive to creating a "more friendly atmosphere"for the City's merchants and for those
who work in South Miami.
Excerpted Draft PB Min 11/12/96
10
Mr.MarkBorges,business owner,signedinand spoke before theBoard.Mr.Borges statedthat
his business is currently proposedfortheHardeeCenterlocatednear the intersection of US 1
and SW 62 Avenue.He opined thattheproposedordinance will assistinalleviatingtheparking
probleminthatparticular area.Mr.Borgesurgedapproval of theordinance,addingthatitwill
helpinthesuccess of thebusinesshewishestolocateinSouthMiami.
Public hearing was closed.
InresponsetoMr.Kerr's inquiry involving specificlocationsintheCity with majorparking
concerns,suchas Allen's Drugs,staff explainedthatmostareaswill benefit,astheproposed
ordinanceallows businesses totakeadvantage of andbe given creditfor on-street parking.Staff
notedthatthereare specific areas,suchas Allen's Drugs,that may involve the"grandfathering"
of usesand therefore these areas may notentirely benefit fromtheordinance.
Mr.Basuinquiredasto time allowancesandlimitationsthat may be involved.Staff explained
thattheparkingspacesallottedforaspecificuseremaintiedtothatparticularuseforaslongas
thesubjectuseexists.Staff alsoexplainedthattheCity would becognizant of agreements
draftedand established between thesubjectpartiesinregardtoparking.
Motion:Mr.Kerr moved approval of theapplication,aspresented.Mr.Illas seconded the
motion.
Vote:Approved:5Opposed:0
ExcerptedDraftPBMin 11/12/96
(0
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 oftheMiamiDally Business
Review l/k/a MiamiReview,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,published atMiamiIn 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 11/19/96
ORDINANCE OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF
SOUTH MIAMI
In the f^yPP?Court,
was published in said newspaper in the Issues of
Nov 8,1996
Affiant further says that the said Miami Dally Business
Review is a newspaper published atMiamiin said Dade
County,Florida,and that the said newspaper has heretofore
been continuously published in said DadeCounty,Florida,
each day (except Saturday,Sunday and Legal Holidays)and
has been entered as second class mall matter atthe post
officeinMiamiin said Dade County,Florida,fora period of
one yeajjiext preceding the first publication of the attached
copybfadyertlsement;and affiant further saysthatshehas
neltler pan nor promised any person,firmor corporation
any Discount,rebate,commission or refund for the purpose
of sVcur/ia this advertisement for publication In thesaid
(SEAL)
Sookle Williams p
£<^6u<C~£C£t*W«*<0
Sworn to and subscribed before me ti
November
2Y P0 OFFICIAL NOTARY SEAL
e^bnally kn^yn CH6AYL H MARMER
^TOA^f O COMMiSSION NIJMbER
Ui-::'v -'CC545334
MY COMMISSION EXPIRES
APR.12.2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY giventhattheCityCommissionoftheCityof
SouthMiami,Florida will conduct aPublicHearingduringitsregular
CityCommissionmeetingon Tuesday,November 19,1996 beginning
at7:30p.m.,in the City Commission Chambers,6130 Sunset Drive,to
consider the following described ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATINGTO
AN AMENDMENT OF THE CITY'S ADOPTED LAND DEVE
LOPMENT CODE TO CREATE A NEW SUB-SECTION 20-
4.4(A)(1)AND 20-4.4(A)(2).IN ORDER TOPROVIDEA
MECHANISM FOR CREDITING ON-STREET PARKING
TOWARDS REQUIRED PARKING AND CREATING A
PROCESS FOR THE ASSIGNMENT OF ON-STREET
PARKING CREDITS.PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDINGANEFFECTIVEDATE.(FirstReading October
.1,1996)
Said ordinance can be inspected intheCityClerk'sOffice,Monday-
Fridayduring regular office hours.
Inquiries concerning thisitem should be directed tothePlanningand
Zoning Department at:663-6347.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor,CMC
CityClerk
Cityof South Miami
Pursuant toFlorida Statutes 286.0105,the City hereby advises the
publicthatifa person decides to appeal any decision madebythis
Board,Agency or Commission with respect to any matter considered
atitsmeetingor hearing,heor she will need arecordoftheproceed
ings,and that for such purpose,affected person may need to ensure
thata verbatim record ofthe proceedings is made whichrecordin
cludes the testimony and evidence upon whichthe appeal istobe
based.
11/8 96-3-110820M