Ord No 12-19-2325ORDINANCE NO: 12-19-2325
An Ordinance extending the moratorium on the execution of new parking space fee
agreements and the payment of fees pursuant to such existing agreements by
businesses in the commercially zoned districts in the City.
WHEREAS, pursuant to Section 20-4.4(A) of the Land Development Code, 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; and
WHEREAS, when adequate off-street parking cannot be provided to meet the minimum
requirements of the Land Development Code, the applicant may either:
a. Request either a Variance or Special Exception from the City Commission, or
b. Enter into a parking space fee agreement with the City; and
WHEREAS, if an applicant enters into a parking agreement with the City, the fee required
is as follows:
a. Commercial Zoning Districts: $1,000 per space, which shall increase five (5) percent
annually, or
b. Hometown District Overlay: $1,000 per parking space deficient; and
WHEREAS, many of the applicants that have off-street parking space deficiencies enter
into parking space fee agreements which can cost thousands of dollars that add to the operating
costs of the business; and
WHEREAS, the City wishes to find a more amicable solution to the deficit of off-street
parking spaces in its Hometown District Overlay as well as its other commercial zoning districts;
and
WHEREAS, the City is scheduled to address the parking requirements in the Hometown
District Overlay which will be heard at first reading on April 2, 2019.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City hereby extends the moratorium on the execution of new agreements
and the paying of the fee due pursuant to any existing parking space fee agreements for businesses
that are in commercial zoning districts. The moratorium shall expire on April 16, 2020 or, as to
each commercial zoning district, the date that the City Commission approves a revision to the
parking space provisions in the applicable Land Development Code for that district, whichever
occurs first.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution 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 resolution.
Page 1 of 2
Ordinance No. j2-19-2325
Section 3. Effective Date: This ordinance shall take effect immediately upon enactment.
PASSED AND ENACTED this 16" day of April, 2019
ATTEST: APPROVED:
�T�OTY C ERK MAVOR
1ST Reading: 04/02/19
2"d Reading: 04/16/19
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Yea
Commissioner Welsh:
Yea
Page 2 of 2
Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: April 16, 2019
Submitted by: Thomas Pepe
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance extending the moratorium on the execution of new parking space fee agreements and the
payment of fees pursuant to such existing agreements by businesses in the commercially zoned districts in the
City. (5/5 as drafted but 4/5 if limited to Commercial Core)(City Manager)
Suggested Action:
Substitute the backup ordinance which will change the vote requirement from 5/5 to 4/5
Attachments:
Ord. extending Parking_Fee_MoratoiaCArev2.docx
Ord. extending Parking_Fee_MoratoiaCArev3.docx
MDBR Ad. pdf
Miami Herald Ad.pdf
1
MIAMI DAILY BUSINESS REVIEW
Published Dairy except Saturday. Sunday and
Legal Holidays
Miami, M voi-Dade County. Flonda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Nollces of the Miami Daily
Business Review Bk/a Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County. Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - APR
16,2019
in the XXXX Court,
was published in said newspaper in the issues of
04/0512019
Affiant further says that the said Miami Deily 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 Mlaml-Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he or she
has neither paid nor promised any person, firth or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
GUILLERMO GARCIA personally known to me
r::;:•:..%gFs BARBARATHOMAB
Commission tGG1T1111
=•' Fa Expires November 2.2021
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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 at its regular City Commission
meeting scheduled for Tuesday, April 16. 2019, beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the following
items:
A Resolution authorizing the City Manager to negotiate and enter
into a multi -year contract with Becker & Poliakoff, P.A. for Federal
Lobbying Services and related consulOng services.
An Ordinance pursuant to a request to amend the Official Zoning
Map, amending the zoning designation of the property located at
7800 SW 57 Avenue, and as legally described herein, from "RS-3'
Residential and'RO' Residential to'LO' low -Intensity Office.
An Ordinance amending the City of South Miami's Land Development
Code, Section 2114A Offstreet parking requirements; Section 20-7.6
Parking; and Section 20-7.12 Permitted and special uses and parking
requirements.
An Ordinance amending the C'hty at South Miami Land Development
Code, Chapter 20, Article III, Sections 20-3.4, 20-3-5 and 20-3.6:
Article IV, Sections 20-4.3, 20-4.5, and 204.5.1; Article V, Sections
20-5.11, 20-5.12. 20-5.13, and 20-5.23; Article VI, 20-6.2.; Article
VII, Sections 20- 7.14, 20-7.15, 20-7.22. 20-7.24. 20-7.52; Article
Vlll, Sections 20-8.9 and 20-8.12; Article IX, Section 20-9.5; Article X,
Sections Section 20-10.4, 20-10.5 and 20-10.9; Article XI, Section
20-11.9; and to amend the Chy's Code of Ordinances, Chapter 7,
Section 7-3.1; Chapter BA, Section BA-1; Chapter 13 Article X,
Section 13-85 to amend the powers of the Environmental Review
and Preservation Board and to make other revisions,
rS
00th N 1 a M,
An Ordinance amending Chapter 2, Article I Section 2-2.1(K) filled
'DECORUM' of the City of South Miami's Code of Ordinances.
An Ordinance extending the moratorium on the execution of new
Parking space fee agreements and the payment of fees pursuant
to such existing agreements by businesses in the commercially
zoned districts in the City.
ALL interested parties are invited to attend and will be heard.
For further Information, please contact the City Clerk's Office at
305-663-6340.
Nkonga A. Payne, CMC
City Clerk
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.
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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 at its regular City Commission
meeting scheduled for Tuesday, April 16, 2019, beginning at 7:00 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following items:
A Resolution authorizing the City Manager to negotiate and enter into a multi-
year contract with Becker & Poliakoff, P.A. for Federal Lobbying Services and
related consulting services.
An Ordinance pursuant to a request to amend the Official Zoning Map, amending
the zoning designation of the property loeated at 7800 SW 57 Avenue, and
as legally described herein, from'RS-3" Residential and "RO" Residential to
"LO" Low -Intensity Office.
An Ordinance amending the City of South Miami s land Development Code,
Section 204.4 Off-street parking requirements; Section 20-7.6 Parking; and
Section 20-7.12 Permitted and special uses and parking requirements.
An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Article In, Sections 20-3A, 20-3.5 and 20-3.6; Article IV, Sections
20A.3, 20-4.5, and 2041.5.1; Article V, Sections 20-5.11, 20-5.12, 20-5.13, and
20-5.23; Article VI, 20-6.2.; Article VII, Sections 20-7.14, 20-7.15, 20-7.22,
20-7.24, 20-7.52; Article VIII, Sections 20-8.9 and 20-8.12; Article IX, Section
20-9.5; Article X, Sections Section 20-10A, 20-10.5 and 20-10.9; Article Xl,
Section 20-11.9; and to amend the City's Code of Ordinances, Chapter 7.
Section 7-3.1; Chapter BA, Section 8A-I: Chapter 13 Article X, Section 13-85
to amend the powers of the Environmental Review and Preservation Board and
to make other revisions.
An Ordinance amending Chapter 2, Article I Section 2-2.1(K) titled
"DECORUM" of the City of South Miami's Code of Ordinances.
An Ordinance extending the moratorium on the execution of new parking space
fee agreements and the payment of fees pursuant to such existing agreements by
businesses in the commercially zoned districts in the City.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public the, if a person
decides In appeal any decision made by this Board, Agency or Commission wish respect
to any matter considered at its meeting or hearing, he or she will need a reasrd of
the proceedings. and that for such purpose, affected person may need to ensure that a 6
verbatim record of the proceedings is made which record includes the testimony and
evidence upon which the appeal is to be based.