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11-17-09 Item 12South Miami M- AmericaCity 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: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: November 17, 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 2 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 parking4'spaces at another location in order to meet required parking spaces. Although these leasesanust 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 second 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 X: \Comm Items\2009 \11- 17- 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 2 (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-s site parking spaces may be located and maintained up to three hundred (300) feet from the principle use requiring the additional spaces. Si 4 �- 1�u�6��- fit— f€s = == use -Sepved and up to 0- R (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, or- as shall f-000- faetory to the 045 aU0FA6Y=VAd parking purpose- 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 Parkin. * '� (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. 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; ubseotiaiq 20 4.4(F-)(2 ); 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 day of , 2009 ATTEST: CITY CLERK I" Reading — 2"d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: (New wording in bold and underlined; wording removed in o `- o4h otgh) X: \Comm Items\2009 \84-09EDC Amend Parking Lease Ord.doe CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 14, 2009 City Commission Chambers 7:3 0 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 AppIications/Public Hearings 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 204.4(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 - site parking spaces may be located and maintained up to three hundred (300) feet from the principle use requiring the :of -_ 4 addition al spaces. a a i4nm in " x -fi . n up to 1180 se'rXe& 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, of _Q is-Ruffin-AR A9 the 6_11 . pomk for- th- Principal use, the owne- r^- •''° � =��= '�' ••��. 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.. (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. 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 items1200918- 4 -091PB Minutes 7 -1409 Excerpt Lease.doc To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Departme Date: July 14, 2009 Re: LDC Amendment — Parking Leases Sec. 20- 4.4(F)(2)(c); See.. 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 PA 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. of t x is (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 Amendment July 14, 2009 (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-streg site parking spaces may be located and maintained up to three hundred (300) feet from the principle use requiring the additional spaces. six kuadmd. (690) f664 40FA ft 9-8 M4_+ (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, ear== -. of t b . the 845 to 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 b Parking. Hometown District reguIations (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 11 (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; ' °O— xvw�v— °��a��1N� 0 _); 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:\PBIPB Agendas StaffReports12009 Agendas Staff Reponsl7- 14- 091PB -09 -018 LDC Amend Parking Lease Regulations.doc ORDINANCE NO. 17 -94 -1567 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 -44.4 (J) TO PROVIDE PROCEDURES REGARDING THE APPROVAL OF SNARED 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: ()--y a Pmtias or&==Page 0, 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 Piet be permitted in R&,--R-T, RM, MA ROa LO. MO, NR. SR, GR, I, H, PR and Pi districts with provision` that if off -street narking is adjacent to residential zoned properties and/or RO zoned pEw-erties, serial use process would be applicable for approval.: (b) Where -tie is -an- merease-iu --fie- number- 4€ pw�4c1ed- eo4lec4vely- er used - jointly -bywe {2}-e a uses ar-t �' -'; CR3equired off - street parking spaces may be located and maintained up to 600 feet from a residential or institutional use served and up to 1,000 feet three- lmadred-( R -feet from as non - institutional and non- residentiaj use served _ and -up4o- -WH&ed (50GY*eet -€- A a en esiden ial d lust tlo se sew- (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 unfty of title insuring that the required parking will be provided, or held -uadeF a-lease -wi -e i i g term t�€ tweiit3=- f 2Q� yeaFS -o -zno ; - nete hieh4he -lei _ e =s-h exer-of -the let- on- whk4-i- the- princ-ipal- -ase-ihilI exist. -ei ease; 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 Manag er Oommission, 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 Par ' g Permit Two or more uses mgy be permitted to share the same required off - street parking ssoac� es in a common parking facility, according to the following, table: Off-aim PwbaR Ord== Page #L 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% 100 50 5% RETAIL 60% 20% 60% 600 5% HOTEL 500 60% 600 100% 75% RESTAURANT 50% 75 %' 75% 90% 10% THEATER 10% 70% 60% 90% 10% NIGHTCLUB 5% 50% 5% 100% 90% APARTMENT OR TOWNHOUSE 10% 100°$ 75% 1000 100%• OTHER USES 1000 100% 100% 100% 1000 Step 1. For each of the five lime periods. multil2ly the minimum number of parking Spaces required by Section 20-4.4 (B_ISPace Requirements St� --2- Arid the results of each cclllmn T� required number of parking spaces shall equal the highest column total. SECTION 3. That Section 20 -4.4 (Ii) be, and hereby is, amended as follows: (H) MetroRail Usage Considerations viaSpgcial Parking Permit When all or a portion of a proposed structure or use is to be located within 1,500 five hun&ed -(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 parking 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 Olf --Idtc Parking Onacana Page M 3 SECTION 4. That Section 20 -4.4 (I) be, and hereby is, created as follows: (I Valet Parkin vg is Special ParIJwg Permit U p to 50% of the required parking for hotels, hospitals, offices, and nightclubs, restaurants -or retail establishments may be satisfied through the prevision of valet parking space via special Ixrking permit approved by affirmative vote of thge 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 its Section 20-4.4 (E)(2)'. or the i y Commission mu =rove, the use of on -street parking spaces to provide for a Portion- of or all of the required parking spaces. Valet parking, as provided in Section 20-4.4 (1), shall not make use of off -site parking located adjacent to residential properly and/or RO zoned proper y 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 suMly the required kin a s for Lhe valet s ci a-I parking permit. SECTION 5 That Section 20-4.4 (n be, and hereby is, created as follows: JM Procedwr -es 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. Off -dte Paitmg On f== PVc / 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 ,pass PASSED AND ADOPTED THIS Ist DAY OF N, VE ER, 1994. ATTEST: G� Rd many J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop, City Attorney Neil C Mayor MAYOR CARVER YEA _ PLAY VICE MAYOR YOUNG COO SSil,C)NER SASS CdA WSSORER COOPER YEA %L NAY !AY YETI . NAY YEA NAY c:lreports \off site.ord oft au Puldfts Omhm= rW s 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 sUC4 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 1St Reading 5/20/03 2nd Reading- 6/3/03 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 Wiscornbe: 4 -0 Yea Yea Yea Yea not present: NOTE: New wording in bold, underlined; wording to be removed indicated by std K:1Comm Ttems=03106- 03- 031LDC Amend offsite parking Ordinance revised.doe Page 2 of 2 so U - oKo ` ny bF$OUTH MIAMI `NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South': . Miami Florida will conduct Public Hearings at4ts.regular.Cdy Commssiora:; meeting. scheduled-fw.Tuesday November. 17 ,2009 beginning at 7.;2i0` p.m in the. City Commission.Cliambers, 6130 Sunset Drwe, -YO consrderl the following hem(s): - SAN - ORDINANCEOFTHEMAY,OR AND: CITY .COMMISSION OF THE CITY OF SOUTH MIAMI, .FLORIDA RELATING TO THE YEAR 2010 GENERAL AND SPECIAL ELECTION OF . THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, I AND IV; SCHEDULING THE DAY,` PLACE' AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; - PROVIDING FOR CLOSE - OF `ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING NOTIFICATION; PROVIDING TOR SEVERABILITY, - . ORDINANCES IN CONFLICT, ANDAN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITYCOMMISSION .OF -f THE CITY OF SOUTH MIAMI, FLORIDA' AMENDING THEE' 'DEVELOPMENT AGREEMENT ADOPTED.:'AS ..PART -:OF' ORDINANCE` - NO..- 12- 05- 1834,.. AND ;'..AMENDED BY ORDINANCE NO. 17 -05 -1B39, WHICH 'APPROVED THE - DEVELOPMENT, AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600- 6640 -SW 57 AVENUE _ AND 5757 SW.68 STREET; THE PURPOSE OF THE AMEND- MENT IS: TO .REQUIRE'THAT ALL REQUIRED PARKING - PURSUANT TO LAND DEVELOPMENT CODE SECTION 20.4.4(8) IS PROVIDED FOR ALL USES LOCATED ON THE PROPERTY AND -TO UPDATE THE CURRENT-NUMBER OF PARKING SPACES PROVIDED; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND THE CRY \\ COMMISSION- OF THE CITY OF SOUTH MIAMI, FLORIDA, 1 AMENDING THE LAND DEVELOPMENT CODE SECTION 20E4.4(FX2)(c) ENTITLED 'SPACES LOCATED OFF -SITE' IN ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFFSITE PARKING SPACES AS A METHOD TO PROVIDE REQUtz SPACES; AMENDING SECTION 20-7.6 ENTITLED 'PARKING' IN HOMETOWN DISTRICT.IN ORDER TO MODIFY SECTION 20-7.6(CX2xb) BY - REMOVING THE - OPTION OF LEASING OF OFFSITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERA- BILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. .. ) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING LAND . , DEVELOPMENT CODE SECTION 20-2.3 ENTITLED 'DEFINITIONS' BY ADDING A NEW DEFINITION OF 'LAND USE REGULATIONS"; AND ADDING A NEW DEFINITION OF "DEVELOPMENT REGULATIONS" BY MODIFYING THE EXISTING DEFINITION OF 'REGULATIONS'; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, .FLORIDA, AMENDING THE - SOUTH;;MtAMI CODE OF ORDINANCES IN ORDER TO REMOVE EXISTING CHAPTER 10A'ENTITLED' "FLOODS' AND TO REPLACE SAID CHAPTER WITH A NEW CHAPTER 10A ENTITLED 'FLOOD DAMAGE PREVENTION" WHICH CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING GENERAL PROVISIONS; PROVIDING LANDS ' TO WHICH THIS ORDINANCE APPLIES; PROVIDING A BASIS FOR ESTABLISHING THE AREAS_ OF SPECIAL FLOOD HAZARD; PROVIDING A DESIGNATION OF FLOOOPLAIN ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND GREATER RESTRIC- TIONS; PROVIDING FOR INTERPRETATION; PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR VIOLATION; PROVIDING ADMINISTRA- TION; PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING GENERAL STANDARDS; PROVIDING SPECIFIC STANDARDS; PROVIDING STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS; PROVI- DING STANDARDS FOR AO- ZONES; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING DESIGNATION OF . VARIANCE AND APPEALS BOARD; PROVIDING THE DUTIES OF VARIANCE AND APPEALS BOARD; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING THE CONDITIONS FOR VARIANCES; PROVIDING FOR VARIANCE NOTIFICA- TION; PROVIDING FOR HISTORIC STRUCTURES; PROVI- DING FOR STRUCTURES ON REGULATORY FLOODWAY; PROVIDING. FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVEDATE.._ . AN - ''ORDINANCE. :OF -.THE . MAYOR ANQ:' THE CITYz COMMISSION OF THE CITY. OF. SOUTH MIAMI,- FLORIDA, ::AMENDING :,-THE - -AAND .:DEVELOPMENT CODE. 20-6.1 - '(AV3LENITfLED; kDMINISTRATNE_iE IESC1_T CO___ .-MISSION' IN ORDER TO.REVI$E PROVISIONS RELATED TO THEVOtE�RE'OUIREMEWrOl THE CITY • COMMISSION -ON .ORDINANCES;AND,RESOLUTIONS „PERTAINING -TO THE - LAND-USE AND " - DEVELOPMENT - REGULATIONS -WHICH' - -WILL BE CONSISTENT WITH THE CHARTER AMENDMENT %ADOPTED NOVEMBEPA., 2008 PROVIDING FOR SEVERA= BIUTYbORDINANCES IN. CONFLICT;- AND ,PROVIDING -AN_ EFFECTIVEDATE.`- _.'A,.RESOLUTION.,,OF THE'MAYOR AND CITY COMMISSION. EOF.THE CITY OF, SOLLI:H.MIAMh'RELATING TO A REQUEST PURSUANT TOSECTION::2D- 3.4(Bx4)(b).OF THE LAND . 'DEVELOPMENT CODE'FOR SPECIAL USE APPROVAL TO 'LOCATE A'GENERAL "RESTAURANT AT 6001 SW 701h . STREET (VALENCIA BUILDING). WITHIN THE — rOOD -MU5' TRANSIT.ORIENTED DEVELOPMENT DISTRICT -MIXED USE 15 ZONING US&D'ISTRICT ;AND PROVIDING AN EFFECTIVE :ARESOLl1TION OF THEMAYOR AND CITY COMMISSION OF THE CITY OF.SOl1TH MIAMI, RELATING TO A REQUEST ' ' PURSUANT'�TO 'SECTION' ;7,0.314(Bx4)(b) -OF THE LAND DEVELOPMENT CODI=- FOR SPECIAL .USE ,.APPROVAL TO LOCATE -A GENERA£ - RESTAURANT AT.5900 SW 73rd- STREET WITHIN THE 'SR (HD -0V)' SPECIALTY.: RETAIL (HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT; AND 'PROVIDINGAN_EFFECTIVE.DATE. A RESOLUTION OF MAYOR AND CITY COMMISSION OF. THE...CITY. OF. SOUTH MIAMI; FLORIDA. RELATING TO THE ISSUANCE OFA CERTIFICATE., APPROPRIA- - 7ENESS PURSUANT TO SECTION. 20- 5:19(Ex3) OF THE LAND DEVELOPMENT CODE TO PERMIT F) WALL SIGNAGE ON A: DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5900 SUNSET DRIVE'(AMSTER BUILDINGS): PROVIOINGAN EFFECTIVE DATE. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-063 -6340. Maria M. Menendez, CIVIC Ity, Clerk Pursuant to Florida Statutes 266.0105, 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 indudes the testimony and evidence upon which the appeal is to be based. - - - . 11/6: 09-3- 21911343386M o g u O Q. 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