07-28-09 Item 5South Miami
NI- America City
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Departmen g r _
Date: July 21, 2009
ITEM No. _.
Subject:
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20 -2.3 IN
ORDER TO CLARIFY THE DEFINITION OF COMMERCIAL VEHICLE AND TO CLARIFY
SECTION 20- 4.4(F)(4) WHICH PROHIBITS PARKING OF COMMERCIAL VEHICLES IN
RESIDENTIAL ZONES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
In December 2008 a local resident requested approval for operating a mobile pet grooming vehicle in the
City of South Miami. In that this use was not included in the current Land Development Code(LDC)
Permitted Use Schedule, the Vice Mayor requested the Planning and Zoning Department and the Planning
Board to consider the appropriate amendment to the Code. The City Commission at its April 21, 2009
meeting approved on first reading a proposed amendment to the LDC which would allow a mobile pet
grooming service as a permitted use in residential zone districts. The Permitted Use Schedule would be
amended and a definition of a mobile pet grooming service would be added. This item is now scheduled
for a second reading and public hearing by the City Commission at the July 21, 2009 meeting.
A second related issue that the local resident had was the parking of her service truck/van at her home
because it was classified as a commercial vehicle and a violation was issued by Code Enforcement. In that
there were a series of misunderstandings concerning what was permitted and what was considered a
violation, the City Commission adopted Resolution No. 19 -09- 12828, sponsored by the Vice Mayor
requesting that the definition of commercial vehicle be clarified in order to allow for more effective code
enforcement efforts. The Code Enforcement Department agreed that the current commercial vehicle
definition and the current prohibition against parking in residential zone districts needed to be expanded
in order to improve enforcement.
PROPOSED AMENDMENTS
The Planning and Zoning Department staff met with Code Enforcement personnel in order to provide an
expanded definition of commercial vehicle and to clarify the limitation that commercial vehicles can not
be parked in residential zones. The following two amendments suggested by Code Enforcement and the
Planning and Zoning Department with revisions by the Planning Board were recommended for approval:
2
Section 20 -2.3 Definitions.
Vehicle, commercial. Shall mean any vehicle designed, intended or used for transportation of people,
goods, or tkingo materials with or without signage including but not limited to buses, trailers, vans,_
trucks, and truck cabs; this definition does not include private passenger vehicles or
recreational vehicles as defined in Section for- priv to aoi4 pr-e& trap
Section 20 -4.4 Off - street parking requirements.
(F) Location and Ownership of Spaces.
(4) Parking of commercial vehicles shall not be permitted
in a44 RS, RT or RM districts.; exception to this limitation are commercial vehicles including but not
limited to vehicles which are parked temporarily at a residence which provide for plumbing,
electrical repair, building / landscape maintenance and delivery services to the property or are
mobile service businesses specifically allowed as a permitted or special use and while providing the
temporary service.
PLANNING BOARD ACTION
The Planning Board at its March 31, 2009 meeting conducted a public hearing on the proposed
amendment and adopted a motion by a vote of 3 ayes 2 nays (Ms. Young, Ms. Chael) recommending
approval of the above proposed amendments.
ALTERNATIVE AMENDMENTS FOR CONSIDERATION
Prior to this item being considered on first reading in April it was suggested that both the pet grooming
service text amendment and the amendments related to the definition of commercial vehicles and the
parking of commercial vehicles were related and should be reviewed at the same meeting. In addition the
sponsor of the legislation requested the Administration to do additional research on commercial vehicle
parking and to suggest alternative wording. The Planning and Zoning staff did collect and study a number
of zoning documents from other municipalities which define commercial vehicles and related parking
issues (which document is available for inspection). Attached as "Exhibit A ", are two alternative
wordings which were found by staff to be the most relevant and could be used or partially added to the
City's current definition of commercial vehicles and a policy regulating the parking of commercial
vehicles in residential zones.
RECOMMENDATIONS
(1) It is recommended that the proposed amendment as shown above for the definition of commercial
vehicle,(Section 20 -3.3) as recommended by the Planning Board be approved on first reading;
(2) It is recommended that the wording of the amendment for Section 20 -4.4 as shown in Exhibit A
attached be approved on first reading. It is important to note that the wording recommended by the
Planning Board prohibits the parking of commercial vehicles in residential zones overnight,
whether screened from view or not. The alternative - wording would allow commercial vehicles to,
be parked overnight if screened from view.
Attachments
Exhibit A, Alternative or Additional Amendments
Draft ordinance
Planning Department Staff Report 3 -31 -09
Planning Board Minutes Excerpt 3 -31 -09
Resolution No. 19 -09 -12828
LDC Section 20- 3.6(5)(1) Recreational Vehicles
Public Notices
TJV /SAY
X: \Comm Items\2009 \4- 21- 09\IDC Amend Comm Vehicle CM Report.doc
EXHIBIT A
ALTERNATIVE OR ADDITIONAL WORDING
Section 20 -2.3 Definitions.
" Vehicle, commercial" shall mean any vehicle whether horse - drawn, motor -driven or
towed, and used, constructed, or equipped for the transportation of goods, wares,
merchandise, tools, or equipment in trade, commerce, or industry. The following vehicles
shall be excluded from the effect of this article: Passenger automobiles including station
wagons, vehicles constructed for recreational purposes or other noncommercial purposes,
vehicles used by governmental agencies for official business, and other vehicles which
are or may be required to be similarly identified by State or federal law.
(Miami -Dade County)
Section 20 -4.4 Off - street parking requirements.
(C) Restrictions: Except as hereinafter provided, no owner or person having the use of a
commercial vehicle shall park said vehicle for any period of time between 9:00 p.m. and
6:00 a.m. or for any period of time on Sunday on a public right -of -way adjacent to or on
private property zoned "R." This restriction shall not apply, however, to the following:
(1) Vehicles parked in a garage or carport, providing that the carport shall completely
screen the vehicle from view with the use of a wall, approved opaque fence or continuous
landscaping that immediately provides a complete visual screen on two (2) sides and
utilize a permanent roof that matches the primary structure.
(2) Vehicles owned or operated by a physically impaired individual when a medical
doctor has certified that the vehicle is necessary due to said physical impairment.
(3) Private passenger utility vehicle (automobile).
(4) Vehicles on emergency service calls.
(Coral Springs)
XAComm Items\2009 \7- 21- 09\Exhibit A Commercial Vehicles .doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE SECTION 20 -2.3 IN ORDER TO CLARIFY THE DEFINITION OF
COMMERCIAL VEHICLE AND TO CLARIFY SECTION 20- 4.4(F)(4) WHICH
PROHIBITS PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL
ZONES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Land Development Code (LDC) currently contains a definition of
commercial vehicle (Section 20 -2.3) and a prohibition against commercial vehicles parking
in residential zoning districts; and
WHEREAS, recent events have demonstrated that the identification of commercial
vehicles is problematic for Code Enforcement personnel because the definition does not
provide sufficient details; and
WHEREAS, the Land Development Code prohibits the parking of one ton
commercial vehicles in residential zones; and
WHEREAS, it is difficult for Code Enforcement officers to determine vehicle
weight and to determine if a commercial vehicle is on the property and providing a
temporary service; and
WHEREAS, the City Commission adopted Resolution No. 19 -09- 12828, sponsored
by the Vice Mayor requesting that the definition of commercial vehicle be clarified in
order to allow for more effective code enforcement efforts; and
WHEREAS, the Code Enforcement Department agreed that the current commercial
vehicle definition and the current prohibition against parking in residential zone districts
needed to be expanded in order to improve enforcement; and
WHEREAS, the Planning and Zoning Department staff and Code Enforcement
personnel have prepared an expanded definition of commercial vehicle and amendments
to clarify the limitation that commercial vehicles can not be parked in residential zones;
and
WHEREAS, the Planning Board at its March 31, 2009 meeting, after public hearing,
adopted a motion by a vote of 3 ayes 2 nays recommending that the proposed
amendments to the Land Development Code be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
2
Section 1. That Section 20 -2.3 entitled "Definitions" of the Land Development Code is
hereby amended as follows:
Section 20 -2.3 Definitions.
Vehicle, commercial. Shall mean any vehicle designed, intended or used for transportation
of people,.goods, or t4img-s materials with or without signage including but not limited
to buses, trailers, vans, trucks, and truck cabs; other- th this definition does not
include private passenger vehicles or recreational vehicles as defined in Section 20-
3.6 S 1 -a '1 F 4,. Ar4a f,,.. .� ,•nnr-'�.a_ - .
�r a
Section 2. That Section 20 -4.4 (F)(4) entitled "Off- street parking requirements" is
hereby amended as shown follows:
20 -4.4 Off - street parking requirements.
(F) Location and Ownership of Spaces.
(4) Parking of commercial vehicles shall not be
permitted in a1 RS, RT or RM districts.; exception to this limitation are
commercial vehicles including but not limited to vehicles which are parked
temporarily at a residence which provide for plumbing, electrical repair,
building / landscape maintenance and delivery services to the property or are
mobile service businesses specifically allowed as a permitted or special use and
while providing the temporary service.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4 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 5 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 52009
ATTEST: APPROVED:
CITY CLERK MAYOR
1St Reading —
2" d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
3
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items \2009 \4- 21- 09\LDC Amend Comm Vehicle Ord.doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE SECTION 20 -2.3 IN ORDER TO CLARIFY THE DEFINITION OF
COMMERCIAL VEHICLE AND TO CLARIFY SECTION 20- 4.4(F)(4) WHICH
PROHIBITS PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL
ZONES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Land Development Code (LDC) currently contains a definition of
commercial vehicle (Section 20 -2.3) and a prohibition against commercial vehicles parking
in residential zoning districts; and
WHEREAS, recent events have demonstrated that the identification of commercial
vehicles is problematic for Code Enforcement personnel because the definition does not
provide sufficient details; and
' WHEREAS, the Land Development Code prohibits the parking of one ton
commercial vehicles in residential zones; and
WHEREAS, it is difficult for Code Enforcement officers to determine vehicle
weight and to determine if a commercial vehicle is on the property and providing a
temporary service; and
WHEREAS, the City Commission adopted Resolution No. 19 -09- 12828, sponsored
by the Vice Mayor requesting that the definition of commercial vehicle be clarified in
order to allow for more effective code enforcement efforts; and
WHEREAS, the Code Enforcement Department agreed that the current commercial
vehicle definition and the current prohibition against parking in residential zone districts
needed to be expanded in order to improve enforcement; and
WHEREAS, the Planning and Zoning Department staff and Code Enforcement
personnel have prepared an expanded definition of commercial vehicle and amendments
to clarify the limitation that commercial vehicles can not be parked in residential zones;
and
WHEREAS, the Planning Board at its March 31, 2009 meeting, after public hearing,
adopted a motion by a vote of 3 ayes 2 nays recommending that the proposed
amendments to the Land Development Code be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
2
Section 1. That Section 20 -2.3 entitled "Definitions of the Land Development Code is
hereby amended as follows:
Section 20 -2.3 Definitions.
Vehicle, commercial. Shall mean any vehicle designed, intended or used for transportation
of people, goods, or tkingis materials with or without signage including but not limited
to buses, trailers, vans, trucks, and truck cabs; ethep=tham this definition does not
include private passenger vehicles or recreational vehicles as defined in Section 20-
3.6 S
rM
Section 2. That Section 20 -4.4 (F)(4) entitled "Off- street parking requirements" is
hereby amended as shown follows:
20 -4.4 Off - street parking requirements.
(F) Location and Ownership of Spaces.
(4) Parking of commercial vehicles shall not be
permitted in al RS, RT or RM districts.; exception to this limitation are
commercial vehicles including but not limited to vehicles which are parked
temporarily at a residence which provide for plumbing, electrical repair,
building / landscape maintenance and delivery services to the property or are
mobile service businesses specifically allowed as a permitted or special use and
while providing the temporary service.
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4 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 5 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2009
ATTEST: APPROVED:
CITY CLERK MAYOR
I" Reading —
2"d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
3
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items\2009 \4- 21- 09\LDC Amend Comm Vehicle Ord.doc
so U T� South Miami
o� �r
All- America City
U t f
U
INCORPORATED
1927
LoR-0)
2001
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline yy�/
Planning Director ''
Date: March 31, 2009
Re: LDC Amendment — Commercial
Vehicles Sec. 20 -2.3; Sec. 20 -4.4
PB -09 -003
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMEMNT CODE SECTION
20 -2.3 IN ORDER TO CLARIFY THE DEFINITION OF COMMERCIAL VEHICLE AND TO
CLARIFY SECTION 20- 4.4(F)(4) WHICH PROHIBITS PARKING OF COMMERCIAL
VEHICLES IN RESIDENTIAL ZONES; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
In December 2008 a local resident requested approval for operating a mobile pet grooming vehicle in the
City of South Miami. The individual had two problems with the proposed use. The first being that the
use (mobile pet grooming service) was not listed in the Land Development Code's Permitted Use
Schedule and a text amendment to the LDC would be required. The resident also had a problem with the
parking of her service truck/van at her home because it was classified as a commercial one -ton vehicle
and a violation was issued by Code Enforcement.
In that there were a series of misunderstandings concerning what was permitted and what was considered
a violation, the City Commission adopted Resolution No. 19 -09- 12828, requesting that the definition of
commercial vehicle be clarified in order to allow for more effective code enforcement efforts. It was
requested that the matter be placed before the Planning Board and City Commission in the form of LDC
text amendments.
RELATED AMENDMENT
The Planning Board at its last meeting did consider a proposed amendment to the LDC which
would allow a mobile pet grooming service as a permitted use in residential zone districts. The
Permitted Use Schedule was amended and a new definition was created. The definition also contained
restrictions on the use. The item was recommended for approved and transmitted to the City
Commission for public hearing and adoption:
PROPOSED AMENDMENTS
The Planning Board conducted a public hearing on this amendment at its last meeting on March 10,
2009. Following considerable discussion (see 3110109 minutes), the item was deferred During discussion
Board members felt that the amendment wording presented by staff needed to clarify issues such as:
signage on the vehicle and the exclusion of recreational vehicles.
LDC Amendment
March 31, 2009
Page 2 of 2
The Planning staff met with Code Enforcement personnel in order to clarify the definition of commercial
vehicle and the limitation that commercial vehicles can not be parked in residential zones. The following
are the two amendments with changes suggested by Code Enforcement and Planning Department staff:
20 -2.3 Definitions.
Vehicle, commercial. Shall mean any vehicle designed, intended or used for transportation of
people, goods, or things, with or without signage including but not limited to buses, trailers,
vans, trucks, and truck cabs, e� this definition does not include private passenger
vehicles or recreational vehicles as defined in Section 20- 3.0S)(1).
20 -4.4 Off - street parking requirements.
(F) Location and Ownership of Spaces.
(4) Parking of commercial vehicles b shall not be permitted
in .all RS, RT or RM districts.; exception to this limitation are commercial vehicles
including but not limited to vehicles which are parked temporarily at a residence
which provide for plumbing, electrical repair, building / landscape maintenance and
delivery services to the property or residence or are mobile service businesses
specifically allowed as a permitted or special use.
RECOMMENDATION
It is recommended that the proposed amendments to Sections 20 -2.3 and 20 -4.4 (F)(4) as set
forth above.
Attachments:
Resolution No. 19 -09 -12828
LDC Sec. 20= 3.6(5)(1)
Public Notices
TN /SAY
X:\PB\PB Agendas StaffReports\2009 Agendas StaffReports\3- 31- 09\PB -09 -003 LDC Amend Comm Vehicle.doc
INCORPORATED
o
• 1927
0R'I
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, March 31, 2009
City Commission Chambers
7:30 P.M.
L'X! ERPT
'- 711. —LZ
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:47 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Cruz, Ms. Yates
and Ms. Chael. Absent: Mr. Comendeiro and Mr. Farfan
City staff present: Mr. Thomas J. Vageline (Planning Director), Sanford A. Youkilis
(Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria Stout -
Tate (Administrative Assistant) and Alerik Barrios (Assistant).
IV. PLANNING BOARD APPLICATIONS/PUBLIC HEARINGS
PB -09 -003
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMEMNT CODE
SECTION 20 -2.3 IN ORDER TO CLARIFY THE DEFINITION OF COMMERCIAL
VEHICLE AND TO CLARIFY SECTION 20- 4.4(F)(4) WHICH PROHIBITS
PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Action: Ms. Young read the item into the record.
Mr. Youkilis introduced Mr. David Struder a City of South Miami Code Enforcement officer.
Mr. Youkilis informed the Board that this item was part of the last meeting, but was deferred
for staff to respond to a number of questions and concerns. This amendment relates to the
issue of
Planning Board Meeting
March 31, 2009
Page 2 of 5
allowing mobile pet grooming services in the City of South Miami. The pet grooming
services amendment will be going to the City Commission on Tuesday April 7, 2009. The
Planning Board at its March 10, 2009 meeting recommended approval as a permitted use. A
related amendment is the issue with Code Enforcement trying to define Commercial Vehicle.
The last time the item was presented to the Board after the public hearing, there were a
number of suggestions expressed and some of the concerns were put into the revised proposed
amendments. Staff met with Code Enforcement personnel to clarify the definition of
Commercial Vehicle and the limitation on the Commercial Vehicles, in residential zones. The
existing wording in the Land Development Code has resulted in Code Enforcement having
difficulties interpreting and enforcing the provisions. The intention of this amendment is to
clarify the intent and meaning of the Code and thereby assist Code Enforcement in enforcing
this section. The two amendments that came about after the meeting includes:
1. 20 -2.3 Definitions.
Vehicle, commercial. Shall mean any vehicle designed, intended or used for transportation of people,
goods, or d4ap materials with or without signage including but not limited to buses, trailers,
vans, trucks, and truck cabs; odteP46m this definition does not include private passenger vehicles
or- recreational vehicles as defined in Section 20- 30Sl(4
2. 20 -4.4 Off - street parking requirements.
(F) Location and Ownership of Spaces.
(4) Parking of commercial vehicles shall not be permitted
in #1 RS, RT or RM districts.; exception to this limitation are commercial vehicles including
but not limited to vehicles which are parked temporarily at a residence which provide for
plumbing, electrical repair, building / landscape maintenance and delivery services to the
property or are mobile service businesses specifically allowed as a permitted or special use
and while providing the temporary service.
Mr. Morton questioned the definition of a truck. Mr. Struder replied that the definition of a
truck was not discussed only the definition a commercial vehicle. Mr. Youkilis commented
that certain trucks are used as private passenger vehicles and Code Enforcement looks in the
back of the truck to determine if it is a commercial or private vehicle.
Ms. Chael questioned if the issue was the size of the truck or the logo and if a trailer could be
parked behind the front plane of the house. Mr. Youkilis replied that it is the vehicle size. Mr.
Struder commented that the citizens do not want commercial vehicles in a residential area and
that's the feed back that has been given to the Code Enforcement.
Mr. Struder gave the board pictures of trailers that do not comply with Code.
Mr.. Cruz questioned if commercial vehicles are allowed in residential zones. Mr. Struder
responded no.
Planning Board Meeting
March 31, 2009
Page 3 of 5
Mr. Morton questioned if the Board would be prohibiting placing commercial vehicles in a
garage. Mr. Struder responded yes, if a vehicle is parked in a permanent structure such as a
garage. Which has caused a problem since the vehicle is technically parked on the property.
He further commented that the Code Enforcement department has expanded its working hours
to Saturdays to take care of certain situations along with the Police Department's help.
Ms. Chael questioned how many calls are received in regards to commercial vehicle
complaints. Mr. Struder responded that there are not many, but the ones that are received have
been time consuming and complaints happen at least once a week.
Ms., Young questioned if it could be determined if the individual complaining lives near the
residence or could visually see the vehicle. Mr. Struder responded that most people who
complain live near the property.
Ms. Young questioned the definition in section 20 -2.3 the use of the word "things ". Mr.
Youkilis commented that the word has been there for many years, does not have an actual
definition, but another word could be suggested. Ms. Young recommended the word
"materials" be used.
Ms. Chael questioned the vehicle "with or without signage ". Mr. Youkilis responded that
signage is a clear indication of commercial, and if it is covered or not, that it is how the
vehicle will be judged.
Chairman opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Victoria Calvin 6410 SW 64 Avenue Support
Ms. Calvin commented that when the issue first started it was not her intention to bring all
other small businesses and trucks into the situation. She questioned if her vehicle is registered
as a commercial vehicle, but when all the signage is striped away how is the intended use
determined. Mr. Struder replied that the person could be asked to come to the Code
Enforcement Department, bring the registration stating that it is a recreation vehicle and ask to
schedule an inspection.
Mr. Youkilis commented that the conversation on a specific case maybe out of order as this is
a hearing on a text amendment.
Ms. Calvin suggested that the Recreational Vehicle rule has gone in the wrong direction from
what was first intended and the rule that is placed in the Code should remain as is. She
commented that by using the rule that is now in place, it would save Code Enforcement some
time.
NAME . ADDRESS SUPPORT /OPPOSE
Bob Welsh 7437 SW 64 Court Oppose
Planning Board Meeting
March 31, 2009
Page 4 of 5
Mr. Welsh commented that the Board members should keep the existing law as it is. He
commented that the Board membership consists of all white collar individuals and he is a blue
collar person. Mr. Welsh commented that after a hurricane white collar people need blue
collar people to help put their houses back together. He commented that a three (3) quarter
ton pick up truck and a three (3) ton trailer should be allowed since it could be used for
personnel as transportation. Mr. Welsh commented that the City of South Miami is not the
City of Coral Gables and it is in the interest of neighbors for everyone to help one another.
NAME ADDRESS SUPPORT /OPPOSE
Eddyana Wilson 7420 SW 63 Court Support
Ms. Wilson commented that she agrees with Mr. Welsh on how this City is not the City of
Coral Gables, but this is not the City of Hialeah either. She commented that if the citizens are
paying money to beautify the City then we do not need to have commercial vehicles in
residential zones. Ms. Wilson was concerned about the definition of a truck since her husband
has a truck, but Mr. Struder commented that Code Enforcement conducts an inspection to see
its intended use. She commented that after this hearing Code Enforcement should continue
and do something about the complaint that was filed in regards to the four trucks with signage
in front of her property.
Chairman closed the public hearing.
Mr. Cruz questioned if the intent of the amendments was to help Code Enforcement. Mr.
Struder responded that it is to help Code Enforcement.
Mr. Cruz questioned the procedure of inspection once an applicant has submitted the proper
documentation stating the use of the vehicle. Mr. Struder responded that the use of the vehicle
is determined by the registration.
Mr. Cruz questioned if someone has a commercial vehicle, modifies it and converts it to a
recreational use, is it required to go one step further and ask for an inspection of the vehicle
inside their property. Mr. Struder commented that it is a request that is usually done to place a
case in compliance. If a van is being used for commercial purposes we will ask for an
inspection or ask several questions in regard to the vehicle.
Mr. Cruz commented that it sounded like in order for someone to get a decision it was
mandatory for Code Enforcement to do an inspection. However, he now understands that it is
just a suggestion or a request.
Ms. Chael commented that the idea of not having commercial. vehicles is a problem. She
commented that if it is not visually offensive there is no reason to ban a commercial vehicle.
She commented that if the vehicle was parked within a reasonably landscaped area there
usually is no problem. She suggested if you have a commercial vehicle with or without a logo
a person could save money for putting your child through college, rather than paying for
another car.
Ms. Young questioned if individuals having a business and their transportation vehicle is over
Planning Board Meeting
March 31, 2009
Page 5 of 5
the limit, then they must find a place to park their vehicle, find a ride home and then wake up
the next morning to find a ride to their vehicle. Mr. Youkilis commented that this situation
exists now.
Ms. Young questioned if based on the complaints, is there- a divide where we could draw a
line or is this an issue all over the city. Mr. Struder commented that the majority of the
complaints come from south of 88 street, across Sunset Drive until Mango Terrace, the area
where Ludlum Elementary is and south of Sunset Drive.
Ms. Yates commented that there have been certain vehicles that conduct business in the early
hours of the morning and return late hours of the night. She commented those vehicles have
ladders and other materials that could be hazardous when there are many children in a
neighborhood. Ms. Yates further commented that they park everywhere and it is an offensive
view.
Ms. Chael questioned if it was landscaped so that you would not see it would you feel the
same. Ms. Yates replied that there is no problem with a one ton truck, a van, or a trailer as
long as it is behind the fence.
Motion: Ms. Yates moved and Mr. Cruz seconded that the application be approved as
presented with the amendments suggested by Staff.
Vote: 3 Ayes 2 Nay (Ms. Young and Ms. Chael)
XAComm Items\2009 \4- 21- 09\Excerpt Vehicle PBminutes 03.31.09.doc
RESOLUTION NO. 19-09-12828
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, DIRECTING PLANNING BOARD TO CONSIDER AMENDING THE
DEFINITION OF COMMERCIAL VEHICLE IN THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER PROVIDE A MORE SPECIFIC DEFINITION AND
TO CLARIFY THE SECTION WHICH PROHIBITS PARKING OF COMMERCIAL
VEHICLES IN RESIDENTIAL ZONES; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, recent Code Enforcement efforts related to the parking of commercial
vehicles have been hihdered by the wording of regulations in the Land Development Code; and
WHEREAS, Section 20 -2.3 of the Land Development Code defines a "vehicle
commercial " as "any vehicle designed, intended or used for transportation of people,
goods, or things, other than private passenger vehicles and trailers for private non-profit
transport of goods andlor boats," ; and
WHEREAS, Section 20 -4.4 (F)(4) of the Land Development Code states that the
`parking of commercial vehicles of one (1) ton or greater capacity shall not [be]
permitted in all RS, R or RM districts"; and
WHEREAS, the definition of vehicle commercial and the section limiting the parking of
commercial vehicles in residential areas both need to be clarified and expanded .in order to allow
for more effective code enforcement efforts.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. The Planning Department and the Planning Board are hereby directed to draft
and process the appropriate amendments to the Land Development Code which will clarify the
definition of vehicle commercial and to clarify limitations on commercial vehicles parked in
residential areas.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this3'l'; day of February, 2009.
ATTEST:
APPROVED:
7
1TY
M OR
Commission ote:
5 -0
READ AND APPROVED AS TO FORM:
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
/
Commissioner: Palmer
Yea
Commissioner Beckman:
Yea
Commissioner Newman:
Yea
Y ATT EY
XAComm Items\2009\2- 3- 09 \LDC Resol on Corn Vehicle Definition.doc
prevent vandalism or other damage. 4.
(8) Refuse container rooms and refuse enclosures shall be subject to review and approval
by both the director of building, zoning and community development and the director
of public works prior to permit approval.
(S) Accessory Storage of Recreational Vehicles.
(1) Definitions.
Recreational Vehicle (RV). Shall. mean a vehicle self - propelled or capable of being towed
and primarily designed, constructed or converted to- provide temporary living quarters for
camping or recreational travel. Recreational vehicles shall include, but not be limited to,
trailers, off road-'vehicles, trailer coaches, camping trailers, full -tent trailers, motor homes
and mini -motor homes. A boat shall not be considered a recreational vehicle as defined and
regulated by this section.
(2) Storage Regulations.
(a) No recreational vehicle shall be parked upon the streets or other public places of
the city between the hours of 7:00 p.m. on one day and 7:00 a.m.. of the next day,
except as provided below.
(b) No recreational vehicle shall be used as a place of abode or dwelling while parked
within the city, either on public or private property. Exceptions to this provision
may be made in the case of city approved special events, or during a city declared
state of emergency.
supp. No. 10
f
62.2