Ord No 13-20-2367ORDINANCE NO. 1 3— 2 0— 2 3 6 7
An Ordinance amending the City of South Miami Land Development Code, Chapter 20,
Article IV, Section 20-4.4 Off-street parking requirements and Article VIII, Section 20-
8.8 Parking
WHEREAS, pursuant to Section 20-4.4(A) of the Land Development Code, with the exception of
properties within the Hometown District Overlay, all structures and uses which are erected, established
or enlarged within the City shall provide adequate off-street parking spaces; and
WHEREAS, when sufficient off-street parking spaces cannot be provided to meet the minimum
requirements of the Land Development Code, the applicant may either request a Variance or Special
Exception from the City Commission, or enter into a parking space fee agreement with the City; and
WHEREAS, many of these fee agreements led to businesses paying annual fees in the thousands
of dollars; and
WHEREAS, the City Commission wished to find another approach for regulating off-street
parking; and
WHEREAS, the Planning Board held a public hearing on March 10, 2020 and voted unanimously
to recommend approval of the proposed text changes; and
WHEREAS, the City Commission wishes to adopt the proposed amendments to the Land
Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully
set forth herein and as the legislative intent of this Ordinance.
Section 2. The City's Land Development Code Sections 20-4.4 and 20-8.8 are hereby amended
to read as follows:
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 iensure the safety and convenience of the public pursuant to the
requirements of this section. Properties that cannot provide the required number of spaces on -site
or through the provision of off -site spaces pursuant to Sec. 20-4.4(F), for a change to a use other
than one that is medical in nature, shall purchase from the City monthly parking permits for the
number of spaces that aren't provided on -site or through the provision of off -site spaces pursuant
to Sec. 20-4.4(F). Proof of purchase of the -permits shall be submitted at the time of application for
and renewal of the Business Tax Receipt for the use(s) occupying the property. Failure to obtain the
required permits) in any given month shall be treated as a violation of this Code pursuant to Sec.
20-6.3.
Page 1 of 3
Ordinance No. 13-20-2367
1"I MOAN
WI
20-8.8 — Parking.
(A) TODD Parking Regulations. Parking in the TODD must be developed and
managed primarily as an element of infrastructure critical to enhancing
South Miami's tax base through economic success of the district. All
required parking is subject to the standards provided in Sections 20-3.3
and 20-4.4 of the LDC, except as otherwise provided for in this Section.
(B) rag. General Regulations. Within the TO D the
felle.., ng
4.4(B) „fthe bode are
,.,r-evi ed.
1. All outside parking to be located at the rear of building if feasible,
otherwise it must be located at the side of the building, in accordance with
this Section.
2. lldg-she
Where appropriate, unimproved rights -of -way adjacent to business property may be
improved by the abutting property owner for credit towards the required minimum
spaces by written agreement approved by the City Manager. The City Manager will
determine if the installation of parking meters is warranted and appropriate for the
area.
3. Properties that cannot provide the required number of spaces on -site or through the
provision of off -site spaces pursuant to Sec. 20-8.8(B)(3) for a change to a use other
than one that is medical in nature, shall purchase from the City monthly parking permits
for the number of spaces that aren't provided on -site or through the provision of off -site
spaces pursuant to Sec. 20-4.4(F). Proof of purchase of the permits shall be submitted at
the time of application for and renewal of the Business Tax Receipt for the use(s)
occupying the property. Failure to obtain the required permit(s) in any given month
shall be treated as a violation of this Code pursuant to Sec. 20-6.3. New construction or
expansions of the gross floor area of an existing building shall provide the required
number of spaces pursuant to Sec. 20-3.3 and Sec. 20-4.4. The required number of off -
Page 2 of 3
Ordinance No. 113-20-2367
street spaces may be reduced using either the Transit Oriented Development Reduction
or the Shared Parking Study approach identified in Sec. 20-12.12(D) and La
Section 3. Conforming language or technical scrivener -type corrections may be made by the
City Attorney for any conforming amendments to be incorporated into the final product for signature.
Section 4. Codification. The provisions of this ordinance shall become and be made part of the
Land Development Code of the City of South Miami as amended.
Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 7. Effective Date. This Ordinance shall become effective immediately upon enactment.
PASSED AND ENACTED this 19" day of May. 2020.
ATTEST: APPROV D:
CITY CLERK MAYOR
1" Reading - 05/05/2020
2nd Reading - 05/19/2020
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
;)54A
/
CITY ATTORN EY
COMMISSION VOTE:
4-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Gil:
Absent
Commissioner Harris:
Yea
Commissioner Liebman:Yea
Page 3 of 3
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date:
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section
20-4.4 Off-street parking requirements and Article VIII, Section 20-8.8 Parking. 3/5 (City Manager -Planning
Dept.)
Suggested Action:
Attachments:
Cove rMemoRe ParkingOrd20-4.4&20-8.8.docx
Parking ordinance amendment 022020102242020.docx
Parking Ord 20-4.4 & 20-8.8Rev.docx
Ord. Amend 20-4.4&20-8.8 CArev.docx
Zoning Map Excerpts Exhibit.docx
PB-20-004 Final PB Regular Meeting Minutes Excerpt - 03-10-2020.pdf
MDBR Ad.pdf
Miami Herald Ad.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
Date: May 5, 2020
SUBJECr:
An Ordinance amending the City of South Miami Land Development Code, Chapter 20,
Article IV, Section 20-4.4 Off-street parking requirements and Article Vlll, Section 20-
8.8 Parking
BACKGROUND:
The Land Development Code (LDC) requires that all structures and uses, except those in the
Hometown District Overlay, provide off-street parking spaces. The number of spaces required is
based on the size and type of use in question. As an example, general office uses are required to
provide one (1) space for every 250 square feet of office area. A one -thousand square foot office
would be required to provide four (4) off-street parking spaces.
When the required minimum number of spaces cannot be provided on -site, the Code allows the
property or business owner to seek a Variance from the City Commission to allow fewer spaces
on -site. If there are on -street spaces adjacent to the site, or the ability to develop on -street
spaces, the owner may also enter into a parking space fee agreement with the City as described
in Section 20-4.4. If the owner opts for the agreement, an annual fee is paid for each parking
space on -street space. The fee, which is paid when the Business Tax Receipt is applied for and
renewed, starts at $1,000 per space and increases five (5) percent annually.
In late 2018, the Commission discussed how the fee agreements create financial burdens for
businesses and adopted a moratorium on new agreements to give Staff time to study other
options for managing and regulating parking in the commercial areas of the city. At the same
time, the Commission removed the requirement for minimum parking spaces in the Hometown
District Overlay. Thus, Staffs review was concentrated on the other commercial areas of the city,
with an emphasis on the Transit Oriented Development District and surrounding area. For
reference, Exhibit A includes excerpts of the Zoning Map of the commercial areas in the city.
ANALYSIS:
Section 20-4.4 of the LDC provides general parking standards that apply throughout the city and
Section 20-8.8 provides standards that apply only to properties with a zoning designation of
2
LDC Amendments — Parking Regulations
May 5, 2020
Page 2 of 2
TODD. To address the Commission's concerns about the fee agreements, staff proposes that the
language establishing the agreements be deleted from these two sections and replaced with a
requirement that monthly parking permits be purchased from the City for the number of spaces
required but not provided on -site. Proof of purchase of the permits would be required when the
Business Tax Receipt is applied for or renewed. Failure to obtain the permit(s) shall be treated as
a violation of the Code, pursuant to Sec. 20-6.3 Violations.
This approach would offer a few advantages to property and business owners: (1) at $65 per
permit, the annual cost would be more than twenty percent (20%) cheaper than the agreement
fee; (2) the expense would be paid monthly as opposed to one-time per year, which might
provide some relief to small businesses; and (3) it's an easier way to address a change in parking
needs due to business turnover. The potential loss of revenue for the city (estimated to be
approximately $22,000 per year), has been discussed with the City Manager and Finance Director
and is not considered significant.
The proposed ordinance makes the following additional changes: it eliminates the provision that
existing on -street spaces may count towards the minimum required off-street parking if a parking
space agreement is executed (Sec. 20-4.4(A)(1) and Sec. 20-8.8(B)(2). This is intended to ensure
properties adjacent to more residential areas develop sufficient parking instead of relying on on -
street parking and causing more congestion in the residential areas.
For the same reason, the provision regarding the development of unimproved rights -of -way with
on -street parking is removed from Sec. 20-4.4 (the non-TODD areas). This provision is not
currently included in the TODD regulations, but Staff recommends it be added. Most streets in
the commercial core already have on -street parking. The one exception to this is the area of
Commerce and Progress which does not provide designated, metered spaces. Given the narrow
widths of these streets and the multitude of curb cuts, the ability to add on -street parking is very
limited. As redevelopment of this area occurs in the future, however, it's possible that on -street
parking might become feasible.
PLANNING BOARD RECOMMENDATION:
After a public hearing on March 10, 2020, the Planning Board voted unanimously to
recommend approval of the ordinance.
RECOMMENDATION:
Staff recommends that the City Commission adopt the proposed amendments but with revisions.
Attached is the revised document, Parking Ord. 20-4.4 & 20-8.8Rev.
Attachments:
• Draft Ordinance
• Parking Ord. 20-4.4 & 20-8.811ev
• Exhibit A - Excerpt of Zoning Map
3
XT
C:\Users\EASYPD—I\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BC058571\@BCL@BC058571.docx
1 ORDINANCE NO.
3 An Ordinance amending the City of South Miami Land Development Code, Chapter 20,
4 Article IV, Section 20-4.4 Off-street parking requirements and Article Vill, Section 20-
5 8.8 Parking
7 WHEREAS, pursuant to Section 20-4.4(A) of the Land Development Code, and
8 oexcept for properties within the Hometown District Overlay, all structures and uses which are erected,
9 established or enlarged within the City shall provide adequate off-street parking spaces; and
10
it WHEREAS, when sufficient off-street parking spaces cannot be provided to meet the minimum
12 requirements of the Land Development Code, the applicant may either request a Variance or Special
13 Exception from the City Commission, or enter into a parking space fee agreement with the City; and
14
15 WHEREAS, many of these fee agreements led to businesses paying annual fees in the thousands
16 of dollars; and
17 WHEREAS, the City Commission wished to find another approach for regulating off-street
18 parking; and
19 WHEREAS, the Planning Board held a public hearing on March 10, 2020 and voted unanimously
20 to recommend approval of the proposed text changes; and
21 WHEREAS, the City Commission wishes to adopt the proposed amendments to the Land
22 Development Code.
23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
24 SOUTH MIAMI, FLORIDA:
25
26 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully
27 set forth herein and as the legislative intent of this Ordinance.
28
29 Section 2. The City's Land Development Code Sections 20-4.4 and 20-8.8 are hereby amended
30 to read as follows:
31
32 20-4.4 - Off-street parking requirements.
33 (A) Applicability. All structures and uses which are erected, established or enlarged within the City
34 shall provide adequate off-street parking spaces and control mechanisms for on -site vehicular
35 and pedestrian traffic, in order to iensure the safety and convenience of the public pursuant to
36 the requirements of this section. City monthly parking permits must be Purchased for the
37 number of spaces that are required but not provided on -site or through the provision of off -site
38 spaces pursuant to Sec. 20-4.4 R however, this does not relieve the owner from being
39 required to provide the required number off-street parking spaces for new construction,
40 enlargement of existing structures or changes in uses that are medical in nature.
42 spaees 13UFSuant to See. 20449) faFa eh eto a use et L..,.tl.aA G-Rie iA.
43 -.0 . FGhase sFeM the rot ...,..,thlY 13aFklARPeFm6t;fAF the . F914.,. of hat
Page 1 of 3
1
2 Proof of purchase of the permits shall be submitted at the time of application for and renewal
3 of the Business Tax Receipt for the use(s) occupying the property. Failure to obtain the required
4 permit(s) in any given month shall be treated as a violation of this Code pursuant to Sec. 20-6.3.
6
{a)
7
8
.
let, that the.- 2-0 4.4
pFevided — . ;eFnplies with subs-e-a-fien ;
9
.
10
11
12
13
14
15
,
16
peFGent annually,
17
,
18
•
19
20 20-8.8 - Parking.
21
22
(A) TODD Parking Regulations. Parking in the TODD must be developed and
23
managed primarily as an element of infrastructure critical to enhancing
24
South Miami's tax base through economic success of the district. All
25
required parking is subject to the standards provided in Sections 20-3.3
26
and 204.4 of the LDC, except as otherwise provided for in this Section.
27
(B) Required 1padEing. General Regulations. Within theTODD thefelle ..��,t
28
adjustments te the number- efpag&g spa ad by Seefien 20
29
.
30
1. All outside parking to be located at the rear of building if feasible,
31
otherwise it must be located at the side of the building, in accordance with
32
this Section.
33
2.
34
.
35
Where appropriate, unimproved rights -of -way adlacent to business property may be
36
improved by the abutting property owner for credit towards the required minimum
37
spaces by written agreement approved by the City Manager. The City Manager will
38
determine if the installation of parking meters is warranted and appropriate for the
39
area.
40
41
3. Owners or tenants of those properties that do not have the required number of
42
spaces on -site or through the provision of off -site spaces pursuant to Sec. 20-8.8(B)(3)
43
for a change to a use other than one that is medical in nature, shall purchase from the
44
City monthly parking permits for the number of spaces that are not provided on -site or
45
through the provision of off -site spaces pursuant to Sec. 20-4.4(F). Proof of purchase of
Page 2 of 3
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the permits shall be submitted at the time of application for and renewal of the Business
Tax Receipt for the use(s) occupying the property. Failure to obtain the required
permit(s) in any given month shall be treated as a violation of this Code pursuant to Sec.
20-6.3. New construction or expansions of the gross floor area of an existing building
shall provide the required number of spaces pursuant to Sec. 20-3.3 and Sec. 20-4.4. The
required number of off-street spaces may be reduced using either the Transit Oriented
Development Reduction or the Shared Parking Study approach identified in Sec. 20-
12.12(D) and (E).
Section 3. Conforming language or technical scrivener -type corrections may be made by the
City Attorney for any conforming amendments to be incorporated into the ordinance for signature.
Section 4. Codification. The provisions of this ordinance shall become and be made part of the
Land Development Code of the City of South Miami as amended.
Section S. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 7. Effective Date. This Ordinance shall become effective immediately upon enactment.
PASSED AND ENACTED this day of 12020.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Philips:
Vice Mayor Welsh:
Commissioner Gil:
Commissioner Harris:
Commissioner Liebman:
Page 3 of 3
0
1 ORDINANCE NO.
2
3 An Ordinance amending the City of South Miami Land Development Code, Chapter 20,
4 Article IV, Section 20-4.4 Off-street parking requirements and Article Vill, Section 20-
5 8.8 Parking
6
7 WHEREAS, pursuant to Section 20-4.4(A) of the Land Development Code, with the exception of
8 properties within the Hometown District Overlay, all structures and uses which are erected, established
9 or enlarged within the City shall provide adequate off-street parking spaces; and
10
11 WHEREAS, when sufficient off-street parking spaces cannot be provided to meet the minimum
12 requirements of the Land Development Code, the applicant may either request a Variance or Special
13 Exception from the City Commission, or enter into a parking space fee agreement with the City; and
14
15 WHEREAS, many of these fee agreements led to businesses paying annual fees in the thousands
16 of dollars; and
17 WHEREAS, the City Commission wished to find another approach for regulating off-street
18 parking; and
19 WHEREAS, the Planning Board held a public hearing on March 10, 2020 and voted unanimously
20 to recommend approval of the proposed text changes; and
21 WHEREAS, the City Commission wishes to adopt the proposed amendments to the Land
22 Development Code.
23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
24 SOUTH MIAMI, FLORIDA:
25 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully
26 set forth herein and as the legislative intent of this Ordinance.
27
28 Section 2. The City's Land Development Code Sections 20-4.4 and 20-8.8 are hereby amended
29 to read as follows:
30
31 20-4.4 - Off-street parking requirements.
32 (A) Applicability. All structures and uses which are erected, established or enlarged within the
33 City shall provide adequate off-street parking spaces and control mechanisms for on -site vehicular
34 and pedestrian traffic in order to !ensure the safety and convenience of the public pursuant to the
35 requirements of this section. City monthly Parking permits must be Purchased for the number of
36 spaces that are required but not provided on -site or through the provision of off -site spaces
37 pursuant to Sec. 20-4.4(F); however, this does not relieve the owner from being required to provide
38 the required number off-street parking spaces for new construction, enlargement of existing
39 structures or a change of use that is medical in nature. Proof of purchase of the permits shall be
40 submitted at the time of application for and renewal of the Business Tax Receipt for the use(s)
41 occupying the property. Failure to obtain the required permit(s) in any given month shall be treated
42 as a violation of this Code pursuant to Sec. 20-6.3.
43
1
ire
44
45
46
;
47
.
48
49
50
51
,
52
.
53
,
54
perGeRt aMually,
55
6,
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57
58 20-8.8 — Parking.
59
60
(A) TODD Parking Regulations. Parking in the TODD must be developed and
61
managed primarily as an element of infrastructure critical to enhancing
62
South Miami's tax base through economic success of the district. All
63
required parking is subject to the standards- provided in Sections 20-3.3
64
and 20-4.4 of the LDC, except as otherwise provided for in this Section.
65
(B)Par-king. General Regulations. Within the TODD, the felle
66
67
.
68
1. All outside parking to be located at the rear of building if feasible,
69
otherwise it.must be located at the side of the building, in accordance with
70
this Section.
71
2.
72
tewe&d par4ing Fequifement-.
73
Where appropriate, unimproved rights -of -way adiacent to business Property may be
74
improved by the abutting Property owner for credit towards the required minimum
75
spaces by written agreement approved by the City Manager. The City Manager will
76
determine if the installation of parking meters is warranted and appropriate for the
77
area.
78
79 3.Owners of those properties that do not have the required number of spaces on -site
80 or through the provision of off -site spaces pursuant to Sec. 20-8.8(B)(3) for a change to a
81 use other than one that is medical in nature, must purchase, from the City, monthly
82 parking permits for the number of spaces that are not provided on -site or through the
83 provision of off -site spaces pursuant to Sec. 20-4.4(F). Proof of purchase of the permits
84 shall be submitted at the time of application for and renewal of the Business Tax Receipt
85 for the use(s) occupying the property. Failure to obtain the required permit(s) in any
86 given month shall be treated as a violation of this Code pursuant to Sec. 20-6.3. New
87 construction or expansions of the gross floor area of an existing building shall provide
88 the required number of spaces pursuant to Sec. 20-3.3 and Sec. 20-4.4. The required
89 number of off-street spaces may be reduced using either the Transit Oriented
r�i
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Development Reduction or the Shared Parking Study approach identified in Sec. 20-
12.12(D) and (E).
Section 3. Correction. Conforming language or technical scrivener -type corrections may be
made by the City Attorney for any conforming amendments to be incorporated into the final product for
signature.
Section 4. Codification. The provisions of this ordinance shall become and be made part of the
Land Development Code of the City of South Miami as amended.
Section S. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 7. Effective Date. This Ordinance shall become effective immediately upon enactment.
PASSED AND ENACTED this
ATTEST:
CITY CLERK
1't Reading
2Rd Reading
day of , 2020.
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Philips:
Vice Mayor Welsh:
Commissioner Gil:
Commissioner Harris:
Commissioner Liebman:
3
12
ZONING MAP EXCERPTS
Exhibit A
Hometown District Overlay
_
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D LI-4
— 69 "�-
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(NR and RO along Red Rd) (RO, LO and NR along SW 62 Ave
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General Retail
LO
Low -Intensity Office
NR
Neighborhood Retail
RO
Residential Office
SR
Specialty Retail
TODD
Transit Oriented Development District
17
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes
Tuesday, March 10, 2020
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foreseeobly be address by the city commission or a city
board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not -for -profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city's website (www.southmiamifl.eov).
Call to Order
Action: Ms. Ruiz called the meeting to order at 7:03 P.M.
Roll Call
Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller
(Vice -Chairperson), Mr. Lee Jacobs, Mr. Orlando Borges, Mr. Brian Corey, Mr. Bruce Baldwin.
Board Members Absent: Mr. Maximo Monterrey.
City Staff Present: Ms. Jane Tompkins (Planning Director) and Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
1. Election of a new Chair
Because Dr. Sally Philips was elected as the Mayor of the City, she had to step down as chairperson
of the Planning Board. Because of that, the Board discussed the item of electing a new chair for
Board. The Board then voted to elect Ms. Mary Ann Ruiz as the new chairperson. The Board then
in
discussed the item of electing a new vice -chair for the Board. The Board voted then voted to elect
Mr. Jay Miller as the new vice -chairperson.
IV. Public Hearings:
1. PB-20-004
Applicant: City of South Miami
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article
IV, Section 20-4.4 Off-street parking requirements and Article Vill, Section 20-8.8 Parking.
Applicant: The City of South Miami, represented by Ms. Jane Tompkins (Planning Director)
Mr. Corey read PB-20-004 into the record.
Ms. Tompkins presented the item to the Board.
Ms. Ruiz asked if the City has ever rescinded a permit or does not approve it. Ms. Tompkins
responded that she has not heard of that happening. What she has heard of is the difficulty of
collecting the fees from the annual parking space agreements that are already issued. Ms.
Tompkins then added that if the monthly parking space permits aren't purchase, it would be an
immediate code enforcement violation. It's more of a management enforcement problem.
Ms. Ruiz asked how someone would pay for the permit. Ms. Tompkins stated that because the
permits are managed by the City's Finance Department, she was not clear on the details of paying
and obtaining the permits.
Ms. Ruiz asked how about the cost of the code violation per month. Ms. Tompkins responded that
because she wasn't a part of the City's Code Enforcement Department, she wasn't sure of what
the fine would be. She also stated that she believed that the violation would first receive a
courtesy notice with monetary fines afterwards if it wasn't addressed. Ms. Ruiz then asked Mr.
Pepe the same question. Mr. Pepe responded that what Ms. Tompkins stated was correct. He
then added that the courtesy notice of violation with a one (1) to thirty (30) day opportunity to
comply. If the offender does not comply within that time period, they could be subject to a daily
fine depending on the type of violation.
Ms. Ruiz asked how the minimum parking space rules would change for a property. Ms. Tompkins
responded that the rule wouldn't change if the use of the building were changed to a similar use.
The rule would change when the use is changed from one use to a dissimilar use. For example, a
change from a beauty salon to another beauty salon wouldn't trigger the change, but a change
from a beauty salon to an accountant would. That type of change would trigger a change in the
minimum parking space requirements for the building.
Mr. Jacobs asked if the proposed ordinance would reduce the amount of parking spaces required
or just change the price that they would have to pay. Ms. Tompkins responded that the ordinance
wouldn't change the amount of required spaces for a property. It would only change how the
required spaces would be provided. Instead of the annual payment for spaces, it would change to
a monthly payment.
19
Mr. Miller asked if the proposed ordinance will provide amnesty for those businesses that are
behind on the payment of their parking agreements. Ms. Tompkins responded that the amnesty
mentioned is not part of this code change. It would be a policy decision for the City Commission
and the City Manager. Mr. Miller asked if the Board is backing into something because no one has
bothered to pay the City. Ms. Tompkins responded that the Commission expressed desire to
lighten the burden on the business owners. Mr. Miller then asked if the business owners that have
agreements with the City are up to date on their payments to the City. Mr. Borges interjected and
stated that the question should be addressed at the Finance Department. Ms. Tompkins then
added that there are some businesses that are slow to pay but they all pay eventually. Mr. Miller
then stated that it should be a prerequisite that all parking agreements should be paid in full
before the business owner can enter this new program.
Mr. Borges stated it is not the purview of the Board to waive any fees but given the state of the
merchants in South Miami, those outstanding fees should be waived.
Mr. Corey asked if this change to the parking be permanent or would there be another
amendment later that would change it back once things are better. Ms. Tompkins responded that
it would be a permanent change, but any code can be amended after going through a similar
review by the Planning Board and City Commission.
The Board then held a discussion on having monthly parking permits and the difficulty of
managing payments for it.
The Chairperson opened the floor to public comments on PB-20-004
None
The Chairperson closed the floor to public comments on PB-20-004
The Board concluded their discussion on the item and made a motion.
Motion: Mr. Miller moved to approve PB-20-004 with the following suggestion:
1. The Commission collect any outstanding fees on the existing parking agreements before the
new program is put into place.
Mr. Borges seconded the motion.
Vote: Yes 6. No 0 (None)
Mr. Corey: Yes
Mr. Borges: Yes
Ms. Ruiz: Yes
Mr. Miller: Yes
Mr. Jacobs: Yes
Mr. Baldwin: Yes
The motion to approve PB-20-004 was unanimously approved.
20
V. Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no Public Comments.
New Business Section
Motion: Mr. Jacobs made a motion that the City Commission look at the bonus allocations. After
having difficulty in making the motion and discussing it with the Board, Mr. Jacobs rescinded his
motion.
The Chairperson opened the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of January 14, 2020:
Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Mr.
Borges.
Vote: Yes 6. No 0 (None)
Mr. Corey: Yes
Mr. Borges: Yes
Ms. Ruiz: Yes
Mr. Miller: Yes
Mr. Jacobs: Yes
Mr. Baldwin: Yes
VII. Future Meeting Date: April 14, 2020
VIII. Adjournment
The meeting was adjourned at 8:29 P.M.
4 21
MIAMI DAILY BUSINESS REVIEW
Putfahed Daffy except Saturday, Sunday and
Legal Holidays
Miami, MiarnWade County, Florida
STATE OF FLORIDA
COUNTY OF MIAW-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review fAc/a Miami Review, a daily (e)(cept
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Mtaml-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice In the matter of
CITY OF SOUTH MIAMI - VIRTUAL MEETING OF THE CITY
COMMISSION - MAY 19, 2020
In the XXXX Court,
was published In said newspaper In the issues of ACHME= 801L
05/0812020 SEE A
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Ati{ant further says that the said Miami Daily Business
Review Is a newspaper published at Miami, In said Miami -Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami -Dade County, Florida
each day (except Sahxft, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office In Mlarrd In said Mtami-Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and afflant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication In the said
newspaper.
QkA44V /01-
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8 dayAk MAY, A.D. 2Q
(SEAL)
GUILLERMO GARCIA personally known to me
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AMI, FLORIDA
NOTICE TO CITY OF SOUTH THE PUBL C OFTHE IIRTUAL MEETING OF THE
CITY COMMISSION
In accordance with ng its
South Miami Code, Chapter 286.011, Fla. Stat, and Executive Ord r Number 20-69,
the City will a holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday
May 19, 2020 at 7:00 p.m. to consider the following public hearing items:
A Resolution
Brown authorizing the City Manager to negotiate and enter into a multi -year contract with B
insurance for Insurance Brokerage Services.
rown &
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, autho .
Manager a execute amulti-year imer-local agreement with Miami-Datle Coun
Police tlepartment, for School Crossing Guard Services.- g the City
ty, antl the'Zing
A Resolution relating to the review and adoption of the Miami -Dade Local Mitigation Strategy.
A Resolution relating to a Special Use application to Perrnf a Community Avenue and 7340 SW 61st Court
Garden use at 7311 3W 621d
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-71 to prohibit
the acceptance of campaign contributions in excess of $250
retention and Production of documents, enforcement, fines and other regulations.
from any one donor and providing for
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION
AND CITY GOVERNMENT', Article III titled "BOARDS AND COMMITTEES",
mandatory board.', to add subsection (c) Use of City prepe
Section. 2-21. lifted "Appointments;
An Ordinance amending the Cityof Orly or services.
20-4,4 Off-street parking requirements end Article Land Development
20-8.8 Parking Chapter 20, Article rV
An Ordinance amendingSection
Sections 20.7.6 - Parking,
City of South Miami Land Development Code, Chapter 20,
20-8.8 - Parking. B 20 7.12 - Permitted and special uses and p Article VII,
Parking, 20-8.5 -Commercial use, and
An Ordinance amending Chapfar 20, Article it Section 20-23,
related definitionsdelat, Article IV, Sections 20-4.9 titled °1.Resarved" to create a new category Housing° and related regulations,ArticleDefinitions" to add Affordable Housing
the Crty of South MiamCode of OrtlinaniclI all to c 0-IL2 d20e, add t8. and to clarify ry tmetl "Affordable
related definitions antl to, amonngs, 8 B, and 20-8.10 and Section 7-3.2 of
it relates to impact fees and development hi nusesrovide additional re affordable housing
quirements for affordable housing as
A 3
al 4 Soufh Miami -Virtual M�e`hn9 of►e
' 1 (Ommission
NOTE. Location Map applies to all items below
/ ♦ I I � �� c 1 I j
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8W 79RD 8T
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�-
An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive
Plan Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development
District (rODD) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and
7331 SW 59th Avenue and as legally described herein.
An Ordinance pursuant to Section 20-SJ and other applicable provisions of the City of South Miami Land
Development Code modifying Article II, Sections 20.3.1(A) and (B) and 203.3(D), Article VII, Section 20-7.2, and
Article Vill, Sections 20-8.1 through 20.8.17 in order to create a new zoning subcategory, Transit -Oriented
Development District Mixed -Use Market (TODD MU-M).
An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment
to the City of South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented
Development District Mixed -Use Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie
site located at 5850 SW 73rd Street and 7331 SW light Avenue and as legally described herein.
The members of the City Commission,the applicant, the applicant's attorney and witnesses and City staff will
participate by video corderencing through the Zoom platform and members of the public may join the meeting via
Zoom at (httosWzoom.us/V3056636338) and participate. If you desire to present evidence or you are unable to
use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen
and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted
at City Halt and at httpl/www.WtOm_iamipgpv/580/Public-Meetinos-Notices Anyone who wishes to review pending
application and supporting documentation in person must make an appointment by calling 305-663-6340.
Please note that Governor DeSantis's Executive Order Number 20-69 suspended the requirements of Section
166.045, Fla. Stat., that a quorum to be present In person, and that a local government body meet at a specific
public place. The Executive Order also allows local government bodies to utilize communications media
technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board,
Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the
proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the
proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a
modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a
City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting
the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-1600
(rT f DD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne®southrriamifl.gov.
Nkenga A. Payne, CMC
City Clerk
20-2710000469691M
24
3I3
16SE NEIGHBORS I NSUNDAY UMHEERAE (OMO
In acco-dance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20-69, the City will be
holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, May 19, 2020 at 7:00 p.m. to
consider the following public hearing items:
A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance
for Insurance Brokerage Services.
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to
execute a multi -year inter -local agreement with Miami -Dade County, and the Miami -Dade Police department, for School
Crossing Guard Services."
A Resolution relating to the review and adoption of the Miami -Dade Local Mitigation Strategy.
A Resolution relating to a Special Use application to permit a Community Garden use at 7311 SW 62nd Avenue and
7340 SW 61st Court.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-11 to prohibit the acceptance
of campaign contributions in excess of $250,from any one donor and providing for retention and production of documents,
enforcement, fines and other regulations.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND CITY
GOVERNMENT', Article III titled "BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments; mandatory board."
to adc subsection (c) Use of City property or services.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.4
Off-street parking requirements and Article VIII, Section 20-8.8 Parking.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article VII, Sections 20-7.6 - Parking,
20-7.12 - Permitted and special uses and parking, 20-8.5 - Commercial use, and 20-8.8 - Parking.
An Ordinance amending Chapter 20, Article Il, Section 20-2.3, "Definitions" to add Affordable Housing related definitions,
Article IV, Sections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations,
Article VIII, Sections 20-8.2, 20-8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances,
all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide 25
additional requirements for affordable housing as it relates to impact fees and development bonuses.
$DNDAY MAY 102020 NEIGHBORS 17SE
nIRWHERUD.COa
nr
Y
An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive Plan
Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development District (TODD) on a
1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally
described herein.
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development
Code modifying Article II, Sections 20-3.1(A) and (B) and 20-3.3(D), Article VII, Section 20-7.2, and Article Vill, Sections
20-8.1 through 20-8.17 in order to create a new zoning subcategory, Transit -Oriented Development District Mixed -Use
Market (TODD MU-M).
An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of
South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented Development District Mixed -Use
Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW
59th Avenue and as legally described herein.
The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate
by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at
(httos://ZOom.us/i/3056636338) and participate. If you desire to present evidence or you are unable to use Zoom,
there are procedures to follow and other options available including a dedicated phone line to listen and participate
in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at
http://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting
documentation in person must make an appointment by calling 305-663-6340.
Please note that Governor DeSanlis'A Executive Order Number 20-69 suspended the requirements of Section 166.045, Fla. Stat. that a quorum to be present in person, and that a
local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and
video conferencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by
a Board. Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be
required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA'. To request a modification to a policy, practice
or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting
(not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-1600 (TTYaDD) or by mail at 6130 Sunset Drive,
South Miami. Florida or email at npmyne Lseutbmiamdl.gov.
Nkenga A. Payne, CMC 26
City Clerk