10-06-09 Item 15South Miami
MI- americaM
CITY OF SOUTH MIAMI 1 I r
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 Departme
Date: October 6, 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- 4.4(F)(2)(c) ENTITLED "SPACES
LOCATED OFF- SITE" IN ORDER TO REMOVE PROVISIONS ALLOWING
FOR LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO
PROVIDE REQUIRED SPACES; AMENDING SECTION 20 -7.6 ENTITLED
"PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY SECTION
20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE
PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
At the Planning Board meeting on June 23, 2009 the Board adopted a motion requesting
staff to prepare amendments to the sections of the Land Development Code dealing with
off -site parking leases. These sections allow the lease of off -site parking spaces to satisfy
a parking requirement which can not be met on site. The lease is executed between the
applicant who is unable to provide the required on -site parking spaces and another
property owner (within 600 -1,000 feet) who has surplus spaces. The leases are for a
minimum period of five years and are approved by the City Attorney. If the lease is not
renewed, cancelled, or the spaces being leased are no longer available, the business which
is leasing the spaces would be unable to obtain an annual occupational license.
STAFF OBSERVATIONS
(1) The current Land Development Code adopted as a new document in 1989 contained
the original language allowing the off -site parking spaces to be counted as required
parking. The regulations allowed for the off -site parking to be on a site (within 300 feet)
under same ownership as the principle use or it could be on a site owned by another party
as long as a 20 year lease was executed. The owner of the off -site parking also had to
record a covenant committing the spaces to a long term agreement. It appears that these
restrictions were very difficult to accomplish off -site parking which led to revisions in the
requirements in 1994 (Ord. No. 17 -94- 1567). This ordinance expanded the distance from
the principle use to 1,000 feet and removed the requirement of a 20 year lease. A non-
specific lease requirement was put back into the section in 2003 (Ord. No. 11 -03- 1795).
(2) The Planning and Zoning Department has been concerned about the parking lease
option in use for the last decade as a method to receive credit for off - street parking spaces
at another location in order to meet required parking spaces. Although these leases must
be presented annually when the occupational license is renewed, this section. (LDC
Section 20- 4.4(F)(2) is difficult to track and enforce. In accepting a lease in lieu of spaces
the City must determine if the lot or garage providing the leased spaces has surplus
parking and does not have other leases which would use up the available surplus parking.
(3) The files of the Planning and Zoning Department indicate that since 1998 only five
off -site parking leases between private entities have been accepted by the City as a means
to meet required parking.
(4) In 2008 the City amended the LDC Hometown District regulations to charge an
annual per space fee for all required parking that can not be accommodated on site. It is
important to note that the lease of spaces and the payment in lieu of providing spaces
essentially produce phantom spaces in that the actual spaces leased or paid for are not
reserved or marked at any specific location.
(5) The leasing of off -site spaces to meet required parking should be eliminated from use
in the Hometown District because there are other alternatives to make -up a deficiency in
parking. This includes requesting a special exception or the payment in lieu of a space
method ($1,000 annually per space). These funds go directly into the Hometown District
Improvement Trust Fund.
(6) The leasing of off -site spaces to meet required parking in all other locations in the
City should be subject to restrictions in place prior to 1994. Locations using the lease
option outside the Hometown District area are usually commercial uses in close
proximity to residential areas. Allowing off -site parking up to a 1,000 feet away from a
commercial use is not appropriate. The provision of off -site parking should be made more
restrictive, by limiting the off -site parking spaces to be no more than 300 feet (as in the
regulations prior to 1994). In addition the off -site parking area should be under the same
ownership as the principle use with a unity of title.
PROPOSED LDC AMENDMENTS
The attached draft ordinance removes references to the use of off -site parking leases as a
method for meeting required parking. The amendment to Parking regulations Section 20-
4.4(F)(2)(c) removes the lease option but still permits the use of off -site parking as
required parking if the off -site parking is under the same ownership and within 300 feet.
The second amendment is to Section 20 -7.6 (C) in the Hometown District. This section is
also to be amended by removing a provision to allow off -site leased parking as an option
to substitute for required parking. The regulations remaining will still allow for payment
into the Hometown District Infrastructure Trust Fund or the granting of a special
exception to meet an on -site parking shortage.
PLANNING BOARD ACTION
The Planning Board at its July 14, 2009 meeting conducted a public hearing on the
proposed amendment. The Board adopted a motion by a vote of 6. ayes 0 nays
recommending approval.
RECOMMENDATION
It is recommended that the attached ordinance be approved on first reading..
Attachments:
Draft ordinance
Planning Board Minutes Excerpt 7 -14 -09
Planning Dept. Staff report 7 -14 -09
Ord. No. 17 -94 -1567
Ord. No. 11 -03 -1795.
Public Notices
TJV /SAY
XAComm Items\2009 \10- 6- 09\LDC Amend Parking Lease CM Report.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
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- 4.4(F)(2)(c) ENTITLED "SPACES LOCATED OFF - SITE" IN
ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE
PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES;
AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN HOMETOWN
DISTRICT IN ORDER TO MODIFY SECTION 20- 7.6(C)(2)(b) BY REMOVING
THE OPTION OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD
TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning Board at its June 23, 2009 meeting adopted a motion
requesting staff to prepare amendments to the sections of the Land Development Code
dealing with off -site parking leases which sections allow the lease of off -site parking
spaces to satisfy a parking requirement which can not be met on site; and
WHEREAS, the Planning and Zoning Department has been concerned about the
parking lease option in use as a method to receive credit for off - street parking spaces at
another location in order to meet required parking spaces; and
WHEREAS, the Planning and Zoning Department has prepared amendments to the
Land Development Code which will remove provisions in Section 20 -4.4 and Section 20-
7.6 which sections allow the lease of off -site parking spaces to satisfy a parking
requirement which can not be met on site; and
WHEREAS, the Planning Board at its July 14, 2009 meeting, after public hearing,
adopted a motion by a vote of 6 ayes 0 nays recommending approval of proposed
amendments to Section 20 -4.4 and Section 20 -7.6 of the Land Development Code; 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:
Section 1. That Section 20- 4.4(F) entitled "Off- street parking requirements- Location and
Ownership of Space " of the Land Development Code is hereby amended as follows:
Section 20 -4.4 Off- street parking requirements.
(F) Location and Ownership of Spaces.
(1) All off-street parking spaces shall be located on the same lot with the
structure or use served, except as may be permitted below.
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
0
(2) Spaces located off -site.
(a)Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR,
GR, TODD, H, PR and PI districts, with the provision that if off - street
parking is adjacent to residentially zoned properties and /or RO zoned
properties, special use process would be applicable for approval.
(b) Required off - site parking spaces may be located and maintained
up to three hundred (300) feet from the principle use requiring the
additional spaces.
(c) Off -site parking spaces shall be on land held in common
ownership with the lot on which the principal use will exist under a
unity of title insuring that the required parking will be provided,
-0-f oh- off sito par4iag shall covenant, oasemon4, or long�-
-Misfaotor-y to
If at any time off -site parking
ceases to be under the same ownership or control as the principal use or
ceases to be used for parking for the principal use, the certificate of use
and occupancy for the principal use shall be subject to revocation by the
city manager, after notice and. hearing.
Section 2. That Section 20- 7.6(C)(2)(b) entitled "Hometown District- Parking" of the
Land Development Code is hereby amended as follows:
Section 20 -7.6 Parking.
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section
20 -7.12 for each permitted use. The appropriate reduction in parking spaces
shall then be calculated as provided in Section 20 -7.6B above. If the
reduction calculated includes a fraction less than a whole number, the
reduction calculated shall be rounded up and subtracted from the required
(unadjusted) number of spaces to determine the adjusted parking
requirement.
(2) The difference between the number of spaces provided, including on street
parking, and the number of spaces required shall then be determined.
(a) New Buildings and the addition of floor area to existing buildings: If
there are fewer spaces provided than required the applicant must
apply for and receive a special exception as per Section 20 -7.51 of
this chapter and pay into the Hometown District Improvement Trust
Fund a fee as set forth below for each space required but not
provided.
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
3
(b) Existing Buildings: If there are fewer spaces provided than required
for existing buildings, the applicant may: obtain a special exception
waiving the number of additional spaces required in accord with the
process set forth in Section 20 -7.51 of this chapter;
); or pay
into the Hometown District Improvement Trust Fund a fee as set
forth below.
(c) The fee payment into the Hometown District Improvement Trust
Fund for each space required but not provided shall be one thousand
dollars ($1,000.00) per parking space per year payable at the time of
renewal of the occupational license. This fee may be adjusted
periodically by the City Commission as appropriate.
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
ATTEST:
CITY CLERK
1" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of 52009
APPROVED:
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
(New wording in bold and underlined, wording removed in ��)
X: \Comm Items\2009 \8- 4- 09\LDC Amend Parking Lease Ord.doc
ou
H �
INCORPORATED
1927
C0 RIO
A
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 14, 2009
City Commission Chambers -
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:40 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll
quorum: Present: Mr. Morton, Ms. Yates, Mr.
Absent: Mr. Farfan, Mr. Comendeiro.
call. Board members present constituting a
Whitman, Mr. Cruz, and Ms. Young.
City staff present: Mr. Thomas J. Vageline (Planning and Zoning. Director), Sanford A.
Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria
Stout -Tate (Administrative Assistant II).
IV. Planning Board Applications/Public Hearings
PR- 09 -(11 R
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
SECTION 20- 4.4(F)(2)(c) ENTITLED "SPACES LOCATED OFF - SITE" IN ORDER
TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE PARKING
SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING
SECTION 20 -7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER
TO MODIFY SECTION 20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF
LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE
REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Whitman read the item into record.
Mr. Youkilis stated that the current Land Development Code adopted as a new document in
1989 contained the original language allowing the off -site parking spaces to be counted as
required parking. The regulations allowed for the off -site parking to be on a site (within 300
Planning Board Meeting Excerpt
July 14, 2009
Page 2 of 4
feet) under same ownership as the principle use or it could be on a site owned by another
party as long as a 20 year lease was executed. The owner of the off -site parking also had to
record a covenant committing the spaces to a long term agreement. It appears that these
restrictions were very difficult to accomplish off -site parking which led to revisions in the
requirements in 1994 (Ord. No. 17- 94- 1567). This ordinance expanded the distance from the
principle use to 1,000 feet and removed the requirement of a 20 year lease. A non - specific
lease requirement was put back into the section in 2003 (Ord. No. 11 -03- 1795).
At the Planning Board meeting on June 23, 2009, the Board adopted a motion requesting staff
to prepare amendments to the sections of the Land Development Code dealing with off -site
parking leases. These sections allow the lease of off -site parking spaces to satisfy a parking
requirement which can not be met on site. The lease is executed between the applicant who is
unable to provide the required on -site parking spaces and another property owner (within 600-
1000 feet) who has surplus spaces. The leases are for a minimum period of five years and are
approved by the City Attorney. If the lease is not renewed, cancelled, or the spaces being
leased are no longer available, the business which is leasing the spaces would be unable to
obtain an annual occupational license.
The Planning and Zoning Department has been concerned about the parking lease option in
use for that last decade as a method to receive credit for off street parking spaces at another
location in order to meet required parking spaces. It was the staff s position that it is difficult -
to continually monitor and enforce the subject parking leases and the funds expended by an
applicant might serve a better purpose being deposited in the City's Hometown District
Improvement Trust Fund.
The proposed revisions would require the following re- wording:
Section 20 -4.4 Off- street parking requirements.
(F) Location and Ownership of Spaces.
(1) All off - street parking spaces shall be located on the same lot with the structure
or use served, except as may be permitted below.
(2) Spaces located off -site.
(a)Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR,,
GR, TODD, H, PR and PI districts, with the provision that if off - street
parking is adjacent to residentially zoned properties and/or RO zoned
properties, special use process would be applicable for approval.
(b) Required off-&tFm site parking spaces may be located and maintained up
to three hundred (3 0) feet from the principle use requiring the
additional spaces.
up to one th—s—A
Planning Board Meeting Excerpt
July 14, 2009
Page 3 of 4
(c) Off -site parking spaces shall be on land held in common ownership
with the lot on which the principal use will exist under a unity of title
insuring that the required parking will be provided,
--lant, oasetnenll -- long tom
for- the pf-ine-i-pa-11 . If at any time off -site parking:ceases to be under the
same ownership or control. as the principal use or ceases to be used for
parking for the principal use, the certificate of use and occupancy for the
principal use shall be subject to revocation by the city manager,
after notice and hearing.
Section 20 -7.6 Parking. Hometown District regulations
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section 20-
7.12 for each permitted use. The appropriate reduction in parking spaces shall
then be calculated as provided in Section 20 -7.613 above. If the reduction
calculated includes a fraction less than a whole number, the reduction
calculated shall be rounded up and subtracted from the required (unadjusted)
number of spaces to determine the adjusted parking requirement.
(2) The difference between the number of spaces provided, including on street
parking, and the number of spaces required shall then be determined.
(a) New Buildings and the addition of floor area to existing buildings: If
there are fewer spaces provided than required the applicant must apply
for and receive a special exception as per Section 20 -7.51 of this
chapter and pay into the Hometown District Improvement Trust Fund a
fee as set forth below for each space required but not provided.
(b) Existing Buildings: If there are fewer spaces provided than required for
existing buildings, the applicant may: obtain a special exception
waiving the number of additional spaces required in accord with the
process set forth in Section 20 -7.51 of this chapter; lease sufp1w-&
); or pay into
the Hometown District Improvement Trust Fund a fee as set forth
below.
(c) The fee payment into the Hometown District Improvement Trust Fund
for each space required but not provided shall be one thousand dollars
($1,000.00) per parking space per year payable at the time of renewal
of the occupational license. This fee may be adjusted periodically by
the City Commission as appropriate.
Planning Board Meeting Excerpt
July 14, 2009
Page 4 of 4
Staff recommended that the proposed amendments to Section 20- 4.4(F)(2) and Section 20-
7.6(c)(2)(b)(c) as set forth above be approved.
Mr. Whitman interjected and stated that this legislation especially important if those spaces do
not exist or are being used for other businesses. Mr. Youkilis concurred. Mr. Youkilis-went on
to say that the best possible way to improve the downtown parking situation is to put money
into the Hometown District Improvement Trust Fund. This would accommodate older
buildings that were built with out parking.
Ms. Yates asked if the City would go back to owners /tenants that already have off -site
parking agreements and make them pay into the City's Fund. Mr. Youkilis stated that the City
Attorney would have to answer that question, however,he thought that they may have
"grandfather" status. Mr. Morton asked if occupants changed would they have to pay into the
Hometown fund. He felt that if the tenant changes, then the lease agreement would not roll
over and they would also have to pay into the City Fund
Ms. Young asked if this was a recommendation to the Commission. Mr. Youkilis stated that
yes, once the Planning Board approves this recommendation, and then it would go in front of
the City Commission.
Mr. Morton opened the Public Hearing
Speaker:
NAME: ADDRESS: SUPPORT /OPPOSE
Mr. Oliver van Gundlach 6755 SW 74 Street SUPPORT
Mr. Van Gundlach stated that he supported this amendment. He also asked if he could get a
future agreement would it be for 600 ft up to 1000 ft? He went on to say that he would like to
have a map of where people would be able to park for the present and the future.
Mr. Morton closed the public hearing.
Motion:
Ms. Yates made a motion to approve to approve the proposed amendment removing
provisions allowing for leasing of off -site parking spaces as a method to provide required
spaces. Mr. Cruz seconded the motion.
Vote: 5 yes 0 no
The motion was adopted.
XAComm Items\2009 \8- 4 -09\PB Minutes 7 -14 -09 Excerpt Lease.doc
04 soU7, South Miami
� r
All-America City
U
INCORPORATED
� 1927
C 6 it tO
2001
To: Honorable Chair and Date: July 14, 2009
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Amendment — Parking Leases
Planning and Zoning Departme Sec. 20- 4.4(F)(2)(c); Sec. 20- 7.6(C)(2)(b)
PB -09 -018
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
SECTION 20- 4.4(F)(2)(c) ENTITLED "SPACES LOCATED OFF - SITE" IN ORDER TO
REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE PARKING
SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION
20 -7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY
SECTION 20- 7.6(C)(2)(b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE
PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
At the Planning Board meeting on June 23, 2009 the Board adopted a motion requesting staff to
prepare amendments to the _sections of the Land Development Code dealing with off -site
parking leases. These sections allow the lease of off -site parking spaces to satisfy a parking
requirement which can not be met on site. The lease is executed between the applicant who is
unable to provide the required on -site parking spaces and another property owner (within 600-
1000 feet) who has surplus spaces. The leases are for a minimum period of five years and are
approved by the City Attorney. If the lease is not renewed, cancelled, or the spaces being leased
are no longer available, the business which is leasing the spaces would be unable to obtain an
annual occupational license.
HISTORY OF REGULATIONS
The current Land Development Code adopted as a new document in 1989 contained the original
language allowing the off -site parking spaces to be counted as required parking. The regulations
allowed for the off -site parking to be on a site (within 300 feet) under same ownership as the
principle use or it could be on a site owned by another party as long as a 20 year lease was
executed. The owner of the off -site parking also had to record a covenant committing the spaces
to a long term agreement. It appears that these restrictions were very difficult to accomplish off -
site parking which led to revisions in the requirements in 1994 (Ord. No. 17 -94- 1567). This
ordinance expanded the distance from the principle use to 1,000 feet and removed the
requirement of a 20 year lease. A non - specific lease requirement was put back into the section
in 2003 (Ord. No. 11- 03- 1795).
LDC Amendment
July 14, 2009
2
STAFF OBSERVATIONS
(1) The Planning and Zoning Department has been concerned about the parking lease option in
use for the last decade as a method to receive credit for off - street parking spaces at another
location in order to meet required parking spaces. Although these leases must be presented
annually when the occupational license is renewed, this section (LDC Section 20- 4.4(F)(2) is
difficult to track and enforce. In accepting a lease in lieu of spaces the City must determine if
the lot or garage providing the leased spaces has surplus parking and does not have other leases
which would use up the available surplus parking.
(2) The files of the Planning and Zoning Department indicate that since 1998 only five off -site
parking leases between private entities have been accepted by the City as a means to meet
required parking.
(3) In 2008 the City amended the LDC Hometown District regulations to charge an annual per
space fee for all required parking that can not be accommodated on site. It is important to note
that the lease of spaces and the payment in lieu of providing spaces essentially produce phantom
spaces in that the actual spaces leased or paid for are not reserved or marked at any specific
location.
(4) The leasing of off -site spaces to meet required parking should be eliminated from use in the
Hometown District because there are other alternatives to make -up a deficiency in parking. This
includes requesting a special exception or the payment in lieu of a space method.($1,000
annually per space). These funds go directly into the Hometown District Improvement Trust
Fund.
(5) The leasing of off -site to meet required parking in all other locations in the City should be
subject to restrictions in place prior to 1994. Locations using the lease option outside the
Hometown District area are usually commercial uses in close proximity to residential areas.
Allowing off -site parking up to a 1000 feet away from a commercial use is not appropriate. The
provision of off -site parking should be made more restrictive by limiting the off -site parking
spaces to be no more than 300 feet (as in the regulations prior to 1994). In addition the off -site
parking area should be under the same ownership as the principle use with a unity of title.
LDC AMENDMENT PROPOSAL
The staff revisions set forth above in (3) and (5) would require the following re- wording:
Section 20 -4.4 Off- street parking requirements.
X %
(F) Location and Ownership of Spaces.
(1) All off - street parking spaces shall be located on the same lot with the structure or
use served, except as may be permitted below.
(2) Spaces located off -site.
LDC AJnendment
July 14, 2009
3
(a)Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR,
TODD, H, PR and PI districts, with the provision that if off -street parking is
adjacent to residentially zoned properties and /or RO zoned properties, special
use process would be applicable for approval.
(b) Required off - site parking spaces may be located and maintained up to
three hundred (300) feet from the principle use requiring the additional
Spaces t, a a (1600) 16,8_4 f
] to +1- ,1 000) tom^+ 8»4
(c) Off -site parking spaces shall be on land held in common ownership
with the lot on which the principal use will exist under a unity of title
insuring that the required parking will be provided, @F as
;✓n'v Efieb'uildil4g r :+ P +L..; priiaoipai dse the v on 0--fth@ off Site
1
.j - L, 11 ORt� yi'�6...b &IRR „ «,7
i
b
' If at any time off -site parking ceases to be under the same
ownership or control as the principal use or ceases to be used for parking for
the principal use, the certificate of use and occupancy for the principal use
shall be subject to revocation by the city manager, after notice and hearing.
Section 20 -7.6 Parking, Hometown District regulations
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section 20-
7.12 for each permitted use. The appropriate reduction in parking spaces shall
then be calculated as provided in Section 20 -7.6B above. If the reduction
calculated includes a fraction less than a whole number, the reduction calculated
shall be rounded up and subtracted from the required (unadjusted) number of
spaces to determine the adjusted parking requirement.
(2) The difference between the number of spaces provided, including on street
parking, and the number of spaces required shall then be determined.
(a) New Buildings and the addition of floor area to existing buildings: If
there are fewer spaces provided than required the applicant must apply
for and receive a special exception as per Section 20 -7.51 of this chapter
and pay into the Hometown District Improvement Trust Fund a fee as set
forth below for each space required but not provided.
LDC Amendment
July 14, 2009
El
(b) Existing Buildings: If there are fewer spaces provided than required for
existing buildings, the applicant may: obtain a special exception waiving
the number of additional spaces required in accord with the process set
forth in Section 20 -7.51 of this chapter;
); or pay into the Hometown
District Improvement Trust Fund a fee as set forth below.
(c) The fee payment into the Hometown District Improvement Trust Fund
for each space required but not provided shall be one thousand dollars
($1,000.00) per parking space per year payable at the time of renewal of
the occupational license. This fee may be adjusted periodically by the
City Commission as appropriate.
RECOMMENDATION
It is recommended that the proposed amendments to Section 20- 4..4(F)(2) and Section 20- 7.6(C)
(2)(b)(c) as set forth above be approved.
Attachments:
Ord. No. 17 -94 -1567
Ord. No. 11 -03 -1795.
Public notices
TJV /SAY
X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \7- 14- 09\PB -09 -018 LDC Amend Parking Lease Regulations.doc
ORDINANCE NO. 17- 941557
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING § 20-4.4.(F) OF THE
LAND DEVELOPMENT CODE TO INCREASE DISTANCES FROM OFF -
SITE PARKING TO USES SERVED., TO PERMIT OFF -SITE PARKING IN
RM AND RO DISTRICTS, AND TO REMOVE THE REQUIREMENT FOR
LEASE AGREEMENTS; REPLACING § 20 -4.4 (G) JOINT USE SPACES;
AMENDING § 20 -4.4 (H) TO INCREASE THE DISTANCE FROM .
METRORAIL STATION. TO USES SERVED; CREATING A NEW § 20 -4.4
(I) TO PROVIDE VALET PARKING FOR HOTELS, HOSPITALS,
OFFICES, RESTAURANTS AND NIGHTCLUBS; CREATING A NEW §
20-4.4 (J) TO PROVIDE PROCEDURES REGARDING THE APPROVAL
OF SHARED PARKING, VALET -PARKING AND REDUCED PARKING
IN PROXIMITY TO METRORAIL STATION; AMENDING THE
NUMBERING OF-SUBSEQUENT SUB- SECTIONS; AMENDING SECTION
20 -5.2 TO ADD A NEW SUBSECTION (14); PROVIDING FOR
RECOMMENDATIONS FROM THE PLANNING BOARD CONCERNING
APPROPRIATE DISTANCE LIMITATIONS AND NIGHTCLUB AND
RESTAURANT SEATING THRESHOLD(S); PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
. WHEREAS, the City of South Miami adopted a Land Development Code on October
25, 1989, via Ordinance No. 19 -89 -1441, including provisions for off -site parking under §
20 -4.4, and more specifically, Location and Ownership of Spaces under § 20-4.4 (F), Joint'
Use Spaces under § 20 -4.4 (G), and MetroRail Usage Considerations under § 20 -4.4 (H);
and,
WHEREAS, upon review of these regulations; Administration finds that § 20-4.4 does
not.adequately address location and ownership of spaces, joint use spaces, MetroRail usage
considerations, valet parking and special parking procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
off-ft Parking OrQi== PW N 1
SECTION 1. That Section 20 -4.4 (F)(2) be, and hereby is, amended as follows:
(F) Location and Ownership of Spaces
(1) All off - street parking spaces shall be located on the same lot with the structure or use
served, except as may be permitted below. .
(2) Spaces Located Off -Site
(a) Off -site parking spaces shall not be permitted in RS -rRT, RM, and RO, LO.
MO_ NR, SR. GR, I, H. PR and PI districts with provision that if off -street
parking its adjacent to residential zoned properties and /or RO zoned properties.
special use process would be applicable for approval.
(b) e- there -is -an -in£ pease -ice lie- saber- a€-epac- es- pFa�4ded- eelleC4Vtly-OF
used- jointly- by- tw st�lunents; [R]equired off - street
parking spaces may be located and maintained up to 600 feet from a residential
or institutional use served and ug to 1,000 feet tb ee- huadFedOOO) - €eet from
an anon - institutional and non - residential use served _ std - e-4We- haadred
( 500) 4eet- fFenk -a deer— aExffes eatial -mad is t�aap ase seF -
(c) Off -site parking spaces shall be on land either held in common ownership with
the lot on which the principal use will exist under a unity of title insuring that
the required parking will be provided or held -nadeF a lease- widF+remaining
terfn-- of-twenty- (2{O�- yeaFs- oF- x}ere; u er- whier-the- lessee- 3s- h°--owner of-the
let on- �vhic- thencip$l ese-1 -ems- - eit -case; as a condition of the
issuance of the building permit for the principal use, the owner of the off -site
parking shall record a covenant in form and substance satisfactory to the City
Attorney and City Commission providing record notice of the commitment of
that land to parking purposes for the principal use. If at any time such off -site
parking ceases to be under the same ownership or control as the principal use
or ceases to be used for parking for the principal use, Certificate of Use and
Occupancy for the principal use shall be subject to revocation by the City
Manager GeffHnissiea, after.notice and hearing.
SECTION 2. That Section 20 -4.4 (G) be, and hereby is, replaced in its entirety as follows:
(G) Joint Use Spaces via Special Parking Permit
Two or more uses may permitted to share the same required off - street parking maces in a
common.parking facility, according to the following table:
Off -sit, Paring Ord== Page # 2
WEEKDAYS WEEKENDS
USES
6 AM
thru
6 PM
6 PM
thru
6 AM
6 AM
thru
6 PM
6 PM
thru
12 AM'
12 AM
thru
6 AM
OFFICE OR BANK
100%
5%
10%
5%
5%
RETAIL
60%
20%
60%
602o
5%
HOTEL
500
60%
60%
100%
75%
RESTAURANT
50%
75%
75%
90%
10%
THEATER
10%
70%
60%
90%
10%
NIGHTCLUB
5%
50%
5%
100%
90%
APARTMENT OR TOWNHOUSE
10%
100%
75o
100%
1000
OTHER USES
1000
100%
100%
100%
1000
Method of Calculation
Step 1. For each of the five time periods, mv the minimum number of parldng
spaces re aired by Section 20-4.4 (B) Space Requirements
St_ M 2. Add the results of each column The required number of parking spaces shall
equal the highest column total
SECTION 3. That Section 20 -4.4 (H) be, and hereby is, amended as follows:
(H) MetroRail Usage Considerations via Special Parking Permit
When all or a portion of a proposed structure or use is to be located within 1.500 feet five
hundred�-500) -feet of the South Miami MetroRail Station, as measured from. property line to
property line, four (4) affirmative votes of the City. Commission may reduce the number of
required off - street parldng spaces for such use by up to fifty (50) percent, depending upon the
nature and type of use and its potential user relationship to rapid transit facilities, as provided
for under & 20 -4.4 (A
Off -Eire Parking ordi== Page A 3
SECTION 4, That Section 20 -4.4 (I) be, and hereby is, created as follows:
in . Valet Parkin vg is Special Parking Permit
Up to 50% of the required parking
for hotels,
hospitals, offices, and nightclubs. restaurants
or retail establishments may be satisfied
through
the provision
of valet Viking spaces via
special parking permit approved by
affirmative vote of the City
Commission. The number of
required parking spaces that are not
provided on
the same proper
as the use approved for
valet parking shall be provided via
the off -site
parking provisions
in Section 20 -4.4 (E)(2)", or
the City Commission may approve
the use of on
-street parking
spaces to provide for a portion
of or all of the required parking pa_ _s ces•
Valet parking. as provided in Section 20 -4.4 (I). shall not make use of off -site parking
located adjacent to residential properly and/or RO zoned .prop= after 7.00 P.M.
In no case shall vehicle stacking or double parking be permitted on public rights -of -way or
public streets to supply the required parking spaces for the valet special parking permit
SECTION 5, That Section 20 -4.4 (J) be, and hereby is, created as follows:
a Procedures for Special Parking Permit
Special Parking Permits may be approved, disapproved or approved with conditions by the
affirmative vote of four members of the City Commission. Special Parking Permit
procedures shall follow those procedures established for Special Use Permits as set forth in
Section 20 -5.8, § (B),(C),(D),(E) &(F) and shall follow those procedures for Public Hearings
set forth in general in Sections 20 -5.1, 20 -5.2, 20 -5.3, 20 -5.4, 20-5.5 and 20 -5.6.
SECTION 6. Section 20 -5.2 of the Land Development Code is amended to add,
(14) Off- -site Parking
SECTION 7. The Planning Board is requested to recommend appropriate distance limitations
and nightclub and restaurant seating threshold(s) for the proposed ordinance as
it relates to valet parking.
SECTION 8. 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.
o!i -dte Pml®g ordin= Page s 4
SECTION 9. All ordinances or parts of ordinances. in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 10. This ordinance shall take effect immediately at the ti of i passage.
PASSED AND ADOPTED THIS 1st DAY OF N. VE R. 1994.
ATTEST:
Ro mart' J. Wascura
City Clerk
READ AND APPROVED AS TO FORM:
Earl G. Gallop
City Attorney
Neil C
Mayor
MAYOR CARVER
YEA ""
KAY
VICE MAYOR YOUNG
WE
NAY
C7RUUS€ PI ER BASS
YE-A
NAY
(o1M u���
�
NIAY
YEAA��__..._
c:\reports\off-site.ord
off ft Puidas Or&u= ftp # 5
ORDINANCE NO. 11-03-1795
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION
20 -4.4 ENTITLED. "OFF- STREET PARKING REQUIREMENTS," IN
.ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA
FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS
OR LONG -TERM LEASES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City's Land Development Code currently has regulations addressing "Off -
Street Parking Requirements," and permits spaces located off site to be counted towards required
parking where certain conditions are met; and,
WHEREAS, the section of the Land Development Code addressing such off -site parking
arrangements specifies that a covenant in form and substance satisfactory to the City Attorney
and City Commission, and,
WHEREAS, the City Commission desires that the regulation be clarified to ensure that this
provision may be utilized through a covenant, an easement, or a long -term lease; and
WHEREAS, a public hearing regarding the proposed amendment was held by the Planning
Board April 29, 2003, at which time the Planning Board voted 7 -0 to recommend approval of the
proposed amendment to the City Commission; and
WHEREAS, the City Commission desires to accept the recommendations 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:
Section 1. That Section 20 -4.4 entitled "Off- Street Parking Requirements," of the City's
Land Development Code, is hereby amended to read as follows:
(F) Location and Ownership of Spaces.
(2) Spaces located off -site.
Page 1 of 2
Ord. NO. 11 -03 -1795
(c) Off -site parking spaces shall be on land either held in common ownership with the lot
on which the principal use will exist under a unity of title insuring that the required parking will
be provided, or as a condition of the issuance of the building permit for the principal use, the
owner of the off-site parking shall record a covenant. easement, or long -term lease in form and
substance satisfactory to the city attorney and city commission providing record notice of the
commitment of that land to parking purposes for the principal use. If at any time sueh off -site
parking ceases to be under the same ownership or control as the principal use or ceases to be
used for parking for the principal use, the certificate of use and occupancy for the principal use
shall be subject to revocation by the city manager, after notice and hearing.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. 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 4. This ordinance shall be codified and included in the Code of Ordinances.
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 3rd
ATTEST:
CITY CLERK
1 st Reading- 5/ 2 0/ 0 3
2 "d Reading- 5/ 3/ 0 3
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of June 2003
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner McCrea:
Commissioner Wiscombe:
4 -0
Yea
Yea
Yea
Yea
not present
NOTE: New wording in bold, underlined; wording to be removed indicated by : t-i'-� �G -fin
K: \Comm Items\2003 \06- 03- 03\LDC Amend offsite parking Ordinance revised.doe
Page 2 of 2