Ord No 08-21-2398ORDINANCE NO. 08-21-2398
An Ordinance amending Section 20-4.4 of the City of South Miami's Land
Development Code to amend the parking standards.
WHEREAS, the City Commission adopted Ordinance 28-20-2382 which amended the setback
and coverage standards for nonconforming RS-4 properties; and
WHEREAS, the purpose of the ordinance was to make feasible development of single-family
homes on small, nonconforming lots; and
WHEREAS, Section 20-4.4 of the Land Development Code (LDC) requires that single-family
properties provide two off-street parking spaces; and
WHEREAS, development of two parking spaces may be difficult on small, nonconforming lots;
and
WHEREAS, after a public hearing on January 12, 2021, the Planning Board voted unanimously to
recommend approval of the proposed ordinance; and
WHEREAS, the City Commission desires to make it more feasible to develop single-family homes
on small, nonconforming lots.
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. Section 204.4 Definitions of the City's Land Development Code is hereby amended to
read as follows:
20-4.4 - Off-street parking requirements.
(B) Space Requirements. The minimum number of off-street parking spaces required for each
permitted or special use listed in Section 20-3.3D shah--be-as is as set forth in the numbered
categories below, which categories are cross-referenced aed-refeFeAsed in Section 20-3.31). VVheFe
When calculating the number of
spaces reauired. if the result includes a fractional soace. the calculation must be rounded up to the
next highest whole number
(1) Two (2) spaces per dwelling unit except on properties in the RS-4 and RS-5 districts with less
than fifty (50) feet of frontage, where one (1) space per dwelling unit must be provided.
(2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be
enclosed.
(3) One and one-half (1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one
(1) or more bedrooms, plus an additional visitor space for every ten (10) units.
(4) One (1) space per guest room, plus two (2) spaces for the reception office.
(5) One and three-quarters (1.75) spaces per bed.
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Ord.'.No. 08-21-2398
(6) One (1) space per three (3) seating spaces in the main assembly room.
(7) One (1) space per one hundred (100) square feet of gross floor area.
(8) One (1) space per one hundred fifty (150) square feet of gross floor area.
(9) One (1) space per two hundred (200) square feet of gross floor area.
(10) One (1) space per two hundred fifty (250) square feet of gross floor area.
(11) One (1) space per three hundred (300) square feet of gross floor area.
(12) One (1) space per four hundred (400) square feet of gross floor area.
(13) One (1) space per five hundred (500) square feet of gross floor area.
(14) One (1) space per one thousand (1,000) square feet of gross floor area.
(15) One (1) space per four (4) seats or seating places.
(16) Five (5) spaces per alley or five hundred (500) square feet of rink area.
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 4. Codification. The provisions of this ordinance shall become and be
made part of the City of South Miami Code of Ordinances as amended; that the sections of this
ordinance may be renumbered or re -lettered to accomplish such intention; and that the word
.ordinance" may be changed to "section" or other appropriate word.
Section 5.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 6. 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 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 181h day of May, 2021.
ATTEST:
CITY ERK
111 Reading - 5/4/21
2nd Reading - 5/18/21
READ AN
ATTORNEY
AS TO FORM,
COMMISSION VOTE:
5-o
Mayor Philips:
Yea
Commissioner Corey:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda ftem No:7.
City Commission Agenda Item Report
Meeting Date: May 18, 2021
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Section 20-4.4 of the City of South Miami's Land Development Code to amend the
parking standards. 5/5 (City Manager -Planning & Zoning Dept.)
Suggested Action:
Approval
Attachments:
Parking Standards Amendment Cover Memo.docx
ORD amending parking requirements PBvote revised 05042021.doc
PB-21-002 - Final PB Regular Meeting Minutes Excerpt- 01-12-2021.pdf
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CITY OF SOUTH MIAMI
SoutYMiami OFFICE OF THE CITY MANAGER
THE MY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Commission
VIA: Shari Karnali, City Manager
FROM: Tompkins, AICP, Planning Director
DATE: May 4, 2021
SUBJECT:
An Ordinance amending Section 20-4.4 of the City of South Miami's Land Development Code
to amend the parking standards.
BACKGROUND:
The Land Development Code (LDC) requires that single-family residences provide two off-street
parking spaces. The minimum size of a parking space is nine feet by eighteen feet. The spaces
may either be enclosed or on a driveway. At the same time, single-family properties must also
meet other development standards such as landscaping requirements, limits on impervious
area, and driveway setbacks. Compliance with all of these different requirements can be
extremely difficult for very small lots such as those seen in the RS-4 district.
A first reading of the ordinance was held on February 2, 2021 and the item was unanimously
approved by the City Commission. As adoption of the ordinance requires five affirmative votes,
a second reading could not be held due to Vice -Mayor Welsh's passing. Since so much time as
now passed, the item is presented again for first reading.
REQUEST:
Amend LDC Section 20-4.4 Off-street parking requirements to reduce the required number of
spaces from two to one for properties that are zoned RS-4 or RS-5 and that have a lot frontage
less than fifty feet.
ANALYSIS:
The attached ordinance reduces the number of required parking spaces from two to one for
properties in the RS-4 and RS-5 districts with a frontage of less than fifty feet. This change, in
conjunction with reductions in the dimensional requirements that were approved in 2020,
should make development of these properties more feasible. Two spaces will still be required
for all other residentially zoned properties.
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Amendment re Parking Standards
May 4, 2021
Page 2 of 2
PLANNING BOARD RECOMMENDATION:
The Planning Board unanimously recommended approval of the proposed ordinance after a
public hearing on January 12, 2021.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
• Draft Ordinance
• Except of Planning Board meeting minutes of January 12, 2021
• City Notice of Public Hearing
• Legal Ad
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, January 12, 2021
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section SA-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 foreseeably 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.gov).
1. Call to Order
Action: Ms. Ruiz called the meeting to order at 7:03 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
11. Roll Call
Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller
(Vice -Chairperson), Mr. Lee Jacobs, Mr. Brian Corey, Mr. Bruce Baldwin and Ms. Lisa Bonich.
Board Members Absent: Mr. Orlando Borges
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.
111. Administrative Matters
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1. Election of Chairman and Vice -Chairman
Mr. Pepe provided the Board with an explanation as to why the elections were on the agenda.
Ms. Ruiz then stated that she was appointed chair at the after the City elections that were held in
February 2020. Mr. Pepe then asked Staff if they had any competent and substantial evidence to
support the election being held at the meeting. Ms. Tompkins responded that she did not have
any competent or substantial evidence. She then added that it has been the past practice to hold
the elections in January. In the past, the Board has waited to discuss the item until all of the
members are present. Ms. Ruiz stated that it was a good idea to wait since not all of the Board
members were present. She then asked the Board if they agreed, to which the members of the
Board agreed.
Ms. Ruiz informed the Board that all future Planning Board meetings will continue via Zoom until
further notice.
IV. Public Hearings:
1. PB-21-002
Applicant: The City of South Miami
An Ordinance amending Section 20-4.4 of the City of South Miami's Land Development Code to
amend the parking standards.
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Ms. Ruiz read PB-21-002 into the record.
Ms. Tompkins presented the staff report to the Board.
The Chairperson opened the floor to public comments on PB-21-002.
• None
The Chairperson closed the floor to public comments on P13-21-002.
Mr. Miller asked for a recap on what the RS-4 and RS-5 zoning district were and what the number
of affected properties was. He then asked if this amendment presumes that there is on -street
parking available. Ms. Tompkins provided the Board with the dimensional requirements for both
the RS-4 and RS-5 zoning district. She then provided the Board with a general area of where the
affected lots were which was the former Community Redevelopment Agency (CRA) area. Last, Ms.
Tompkins responded that there is on -street parking available in the neighborhoods, but the
proposed ordinance presumes that the individuals in the neighborhood will be using alternate
means of transportation.
Mr. Jacobs stated that he was in support of the ordinance.
Ms. Ruiz stated that at times there is a lack of on -street parking in the area around the charter
school in the CRA area. Additionally, on -street parking may be difficult once the development of
the property across from the charter school begins. She then stated that she is in support of the
ordinance.
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With no further discussion, the Board made a motion on the item.
Motion: Ms. Ruiz moved to approve PB-21-002. Mr. Miller seconded the motion.
Vote: Yes 6, No 0 (None)
Mr. Jacobs: Yes
Mr. Miller: Yes
Ms. Bonich: Yes
Mr. Baldwin: Yes
Mr. Corey: Yes
Ms. Ruiz: Yes
The motion to approve PB-21-002 was approved unanimously.
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
There were no Public Comments.
The Chairperson opened the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of November 10, 2020:
Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Mr.
Miller.
Vote: Yes 6, No 0 (None)
Mr. Miller: Yes
Ms. Bonich: Yes
Mr. Baldwin: Yes
Mr. Jacobs: Yes
Mr. Corey: Yes
Ms. Ruiz: Yes
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: February 9, 2021
VIII. Adjournment
The meeting was adjourned at 8:18 P.M.
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