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05-06-08 Item 11South Miami All-America CRY CITY OF SOUTH MIAMI 1 I J ©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, e 1 From: Sanford A. Youkilis, Acting Planning Directo a Date: April 22, 2008 ITEM_ , Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(G) ENTITLED "JOL'iT USE SPACES VIA SPECIAL PARKING PERMIT "; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(H) ENTITLED "METRO -RAIL USAGE CONSIDERATION VIA SPECIAL PARKING PERMIT "; AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN ORDER TO MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION 20 -8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO ELIMINATE PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT IN THE "TODD" TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND The City Commission at its May 4, 1999 meeting adopted a limited parking moratorium ordinance (No. 8 -99- 1682). The ordinance has been extended on seven occasions, the latest was adopted to last 9 months until March 5, 2008. The moratorium was then extended by a 30 day emergency ordinance adopted by the Commission on March 4, 2008. The emergency ordinance will need to be adopted one more time, prior to the enactment of a final ordinance dealing with the parking reduction /bonus issue. The attached draft ordinance makes permanent all of the moratorium provisions which suspended parking reductions and bonuses in several sections of the LDC. The moratorium ordinance was a reaction to the impact of the Shops of Sunset and its purpose was to afford the city staff and citizens enough time to review the parking provisions in the Land Development Code and recommend amendments, if necessary. It was also felt that the City needed time to begin building public off - street parking as part of the infrastructure of the Hometown District. REGULATIONS SUBJECT TO MORATORIUM The current moratorium impacts five sections in the LDC which allowed for a reduction of required parking in the Hometown District and in the vicinity of the Metro -Rail station. These were: (1) Sec.20 -4.4 (G) Joint Use Spaces. Allows parking reductions if there is a mix of uses; this provision, was suspended during the entire period of the moratorium. (2) Sec. 20 -4.4 (H) Metro Rail Usage Consideration. Allows 50% reduction in parking if within 1,500 feet of the MetroRail Station; this provision was suspended during the entire period of the moratorium. 2 (3) Sec.20 -7.6 (B) Hometown District. Allows for parking reductions if a developer included certain features (i.e. arcades) or included mixed uses in multi -story buildings. The moratorium allowed these bonuses to be used if a development was less than 25,000 square feet. However, for larger developments over 25,000 square feet, the City Commission was pennitted to waive the moratorium if approved by a vote of four members. It is important to note that during the period the moratorium was in effect there were no special requests to waive the restrictions. (4) Section 20 -7.6 (C) Hometown District. — This section permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces. In August of 2006, the Parking Moratorium Ordinance was extended and it was amended to limit the type of development that could take advantage of this provision. The ordinance adopted at that time included a provision that only "existing structures" could be eligible to pay into the fund in lieu of providing parking spaces. (5) Section 20 -8.10 TODD Bonus Allocations - This section permits parking space reductions in the Transit Oriented Development District (TODD) if a new development includes an arcade, underground parking or a mix of uses as part of the bonus allocations chart. In August of 2006, the Parking Moratorium Ordinance was amended to eliminate the provisions permitting parking reductions. PLANNING BOARD RECOMMENDATION The Planning Board at its March 11, 2008 meeting, after a public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that a number of revisions in the proposed permanent moratorium ordinance be made. The Planning Board stated that the revisions proposed were in recognition that the suburban parking ratios are not applicable in a walkable urban center therefore the need for parking bonuses exists and will result more realistic parking requirements and more sustainable development. PARKING BOARD RECOMMENDATION The City's Parking Board at its December 14, 2007 meeting reviewed the attached parking moratorium ordinance and adopted a motion by vote of 5 ayes 0 nays recommending that the ordinance as drafted be approved. The Board chairperson at a later date requested the opportunity to review the Planning Board recommendations which were made on March 11, 2008. The Parking Board was given a copy of the Planning Board's recommendations at their March 21, 2008 meeting. At that time the Parking Board expressed a position on each section of the proposed ordinance. GREEN TASK FORCE STATEMENT The South Miami Green Task Force at its meeting of March 14, 2008 felt strongly that this issue was related to policies which impact the environment and sustainability. For that reason the Board reviewed the ordinance and the Planning Board's position on the provisions in the moratorium ordinance. The Task Force requested that the following statement be transmitted to the City Commission. "The City Commission charged the Green Task Force to develop sustainable strategies for South Miami. The Task Force recognizes that downtown South Miami has already taken significant steps toward creating a sustainable, walkable city by encouraging mixed use and lessening car use. The current bonuses and parking reductions in the Hometown Plan are an important mechanism to support this sustainable agenda. We support the South Miami Planning Board recommendations for parking reductions. " RECOMMENDATION Attached is a copy of the original draft ordinance submitted to the Planning Board. This ordinance permanently removes from the Land Development Code all the provisions which have been suspended or modified during the moratorium beginning in 1999. In order to assist the Commission in its decision making on this issue a special chart (11 x 17 ") has been included in the agenda package. This chart shows the original ordinance in the left column and 3 the specific section by section recommendations of the Planning Board and the Parking Board in the right column.(Parking Board in red). Backup Documentation: Proposed Ordinance Comparative Decision Chart Planning Department staff report (3- 11 -08) Excerpt Planning Board Minutes (3- 11 - -08) Excerpt Planning Board Minutes 1- 31 -08) Parking Board Minutes (12- 14 -07) Public Notices SAY X: \Comm Items \2008 \4- 22- 08\Parking Morat CM report.doc 1 1 2 ORDINANCE NO. 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 6 LAND DEVELOPMENT CODE; REMOVING FROM THE LAND 7 DEVELOPMENT CODE SECTION 20- 4.4(G) ENTITLED "JOINT 8 USE SPACES VIA SPECIAL PARKING PERMIT"; REMOVING 9 FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(H) 10 ENTITLED "METRO -RAIL USAGE CONSIDERATION VIA 11 SPECIAL PARKING PERMIT"; AMENDING SECTION 20 -7.6 12 ENTITLED "PARKING" IN ORDER TO MODIFY REGULATIONS 13 PERTAINING TO BONUSES AND PARKING REDUCTIONS IN 14 THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN 15 DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION 16 20 -8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO 17 ELIMINATE PARKING REDUCTIONS AND PARKING BONUSES 18 FOR DEVELOPMENT IN THE "TODD "TRANSIT ORIENTED 19 DEVELOPMENT DISTRICT ZONING DISTRICT; PROVIDING 20 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 21 PROVIDING AN EFFECTIVE DATE 22 23 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), 20- 7.6(B), Section 20 -7.6 (C) and Section 20- 24 8.10, of the Land Development Code allows for reductions in required off street parking and 25 allows for the ability to make a payment in lieu of providing required parking spaces; and 26 27 WHEREAS, the City Commission at its meeting on May 4, 1999, adopted Ordinance No. 8- 28 99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in 29 order to require approval by a four /fifths vote of the City Commission and suspending the Land 30 Development Code sections referred to above for a period of nine months ;and 31 32 WHEREAS, the City Commission at several subsequent meetings, adopted ordinances 33 extending for additional periods the amendments and suspensions of the Land Development Code 34 sections referred to above; and 35 36 WHEREAS, at the City Commission meeting on May 2, 2006, it was requested that the 37 moratorium ordinance be expanded to modify certain provisions in Section 20 -7.6 (C), Land 38 Development Code which permits payment into the Parking Infrastructure Trust Fund in lieu of 39 providing required spaces; and to extend the moratorium to parking space reductions provided 40 Section 20 -8.10, Land Development Code, entitled TODD — Bonus Allocations; and 41 42 WHEREAS, the amendments and suspensions of the Land Development Code sections 43 referred to above were adopted for a final nine month period by Ordinance No. 15 -07 -1916 at the 44 City Commission meeting on June 5, 2007 will expire on March 5, 2008; and 45 46 WHEREAS, the purpose of the moratorium was to afford staff and citizens an adequate time 47 period to reevaluate the City's parking regulations and propose necessary changes; and 48 49 50 51 52 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 2 (2) WHEREAS, during the moratorium period evaluation and studies carried out by the Zoning Task Force, City consultants, the Parking Board, the Planning Board and City Commission have provided sufficient information and data to allow for the final adoption of proposed amendments. WHEREAS, the Planning Board at its March 11, 2008 meeting adopted a motion by a vote of 5 ayes 0 nays recommending that the subject ordinance be approved; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Section 20- 4.4(G), Land Development Code, entitled "Joint Use Spaces via Special Parking Permit," is amended as follows: r�sr� 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 W.I-„ 6 pm thpau-gh 65 2" 6 pan, through 12 mm through 6 12 a�fm through g n as tLp .,tom„ -�1133cnrl T6. ,.a =44=Lp C. Section 2: Section 20- 4.4(H), Land Development Code, entitled "The Metro -Rail Usage Consideration via Special Parking Permit," is amended as follows: 2 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 Section 3: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B), Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided for in - Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the Land Development, are hereby amended as set forth below:: Hometown District Overlay Zone 20 -7.6 Parking. (A) Hometown District Parking. Parking in the Hometown District must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. Hometown District parking shall be subject to the review of the Parking Board as established by Section 2 of the Code of the City of South Miami. The Board shall report to the city commission no less than annually on the state of parking in the Hometown District and shall from time to time make recommendations to the city commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of trust fund monies. (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than eleven (11) feet shall count as a full space. optional, buildings with ow-ad-s -I--!! - - - 07 - -- --------- _ - - - Or IN -- moil Section 3: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B), Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided for in - Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the Land Development, are hereby amended as set forth below:: Hometown District Overlay Zone 20 -7.6 Parking. (A) Hometown District Parking. Parking in the Hometown District must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. Hometown District parking shall be subject to the review of the Parking Board as established by Section 2 of the Code of the City of South Miami. The Board shall report to the city commission no less than annually on the state of parking in the Hometown District and shall from time to time make recommendations to the city commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of trust fund monies. (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than eleven (11) feet shall count as a full space. optional, buildings with ow-ad-s -I--!! - - - 07 -of, Or IN -- moil 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 (C) Procedure. (1) The required number of spaces shall first be calculated pursuant to Section 20 -7.1.2 for each permitted use. caletilmod loss than a whole fjumLpy Aqp VP44 -ti-- adjusted pad . (2) The difference between the number of spaces provided, including on street parking, and the number of spaces. required shall then be determined. If there are fewer spaces provided than required for existing structures only, the applicant must pay into the Parking Infrastructure Trust Fund a fee, as determined from time to time by the City Commission upon recommendation of the parking board, reflecting the actual land and construction costs for parking, for each space required but not provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a trust account separate from general funds and may be used only for improvements to the city parking infrastructure to increase parking capacity or to enhance use of existing parking capacity (3) Designated historic oent thutive buildings are exempt from all parking requirements. (4) Any changes in use in a building will require a re- calculation in the required parking pursuant to (B) above. If the new combination of uses requires additional parking spaces, a fee, as determined from time to time by the City Commission upon recommendation of the parking board, must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds-will be paid. Section 4: Section 20 -8.10, Land Development Code, entitled "Bonus allocations," is hereby modified as set forth below to eliminate the parking reductions and parking bonuses for developments within the boundaries of the TODD f District. 20 -8.10 Bonus allocations. Action Bonus floors 8-i-sidemia- ...._ wof W-2 _. (C) Procedure. (1) The required number of spaces shall first be calculated pursuant to Section 20 -7.1.2 for each permitted use. caletilmod loss than a whole fjumLpy Aqp VP44 -ti-- adjusted pad . (2) The difference between the number of spaces provided, including on street parking, and the number of spaces. required shall then be determined. If there are fewer spaces provided than required for existing structures only, the applicant must pay into the Parking Infrastructure Trust Fund a fee, as determined from time to time by the City Commission upon recommendation of the parking board, reflecting the actual land and construction costs for parking, for each space required but not provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a trust account separate from general funds and may be used only for improvements to the city parking infrastructure to increase parking capacity or to enhance use of existing parking capacity (3) Designated historic oent thutive buildings are exempt from all parking requirements. (4) Any changes in use in a building will require a re- calculation in the required parking pursuant to (B) above. If the new combination of uses requires additional parking spaces, a fee, as determined from time to time by the City Commission upon recommendation of the parking board, must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds-will be paid. Section 4: Section 20 -8.10, Land Development Code, entitled "Bonus allocations," is hereby modified as set forth below to eliminate the parking reductions and parking bonuses for developments within the boundaries of the TODD f District. 20 -8.10 Bonus allocations. Action Bonus floors 8-i-sidemia- ...._ _. in subpar-agr-ap, ON ROOM'" (C) Procedure. (1) The required number of spaces shall first be calculated pursuant to Section 20 -7.1.2 for each permitted use. caletilmod loss than a whole fjumLpy Aqp VP44 -ti-- adjusted pad . (2) The difference between the number of spaces provided, including on street parking, and the number of spaces. required shall then be determined. If there are fewer spaces provided than required for existing structures only, the applicant must pay into the Parking Infrastructure Trust Fund a fee, as determined from time to time by the City Commission upon recommendation of the parking board, reflecting the actual land and construction costs for parking, for each space required but not provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a trust account separate from general funds and may be used only for improvements to the city parking infrastructure to increase parking capacity or to enhance use of existing parking capacity (3) Designated historic oent thutive buildings are exempt from all parking requirements. (4) Any changes in use in a building will require a re- calculation in the required parking pursuant to (B) above. If the new combination of uses requires additional parking spaces, a fee, as determined from time to time by the City Commission upon recommendation of the parking board, must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds-will be paid. Section 4: Section 20 -8.10, Land Development Code, entitled "Bonus allocations," is hereby modified as set forth below to eliminate the parking reductions and parking bonuses for developments within the boundaries of the TODD f District. 20 -8.10 Bonus allocations. Action Bonus floors 8-i-sidemia- in subpar-agr-ap, AA (C) Procedure. (1) The required number of spaces shall first be calculated pursuant to Section 20 -7.1.2 for each permitted use. caletilmod loss than a whole fjumLpy Aqp VP44 -ti-- adjusted pad . (2) The difference between the number of spaces provided, including on street parking, and the number of spaces. required shall then be determined. If there are fewer spaces provided than required for existing structures only, the applicant must pay into the Parking Infrastructure Trust Fund a fee, as determined from time to time by the City Commission upon recommendation of the parking board, reflecting the actual land and construction costs for parking, for each space required but not provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a trust account separate from general funds and may be used only for improvements to the city parking infrastructure to increase parking capacity or to enhance use of existing parking capacity (3) Designated historic oent thutive buildings are exempt from all parking requirements. (4) Any changes in use in a building will require a re- calculation in the required parking pursuant to (B) above. If the new combination of uses requires additional parking spaces, a fee, as determined from time to time by the City Commission upon recommendation of the parking board, must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds-will be paid. Section 4: Section 20 -8.10, Land Development Code, entitled "Bonus allocations," is hereby modified as set forth below to eliminate the parking reductions and parking bonuses for developments within the boundaries of the TODD f District. 20 -8.10 Bonus allocations. Action Bonus floors 8-i-sidemia- 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 1-5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 For every 1 floor of 1 additional floor of residential use residential use with the minimum parking requirement (two (2) cars er residential use Public plaza -min. 5,000 sq. One (1) additional floor ft. and art work in plaza setting Develop full frontage with One (1) additional floor street design as part of pedestrian walkway system Develop "cross - thru's" One (1) additional floor from street to public open space as part of pedestrian walk- system, on owner's property (maintenance required in Section 20- 8.15) For those properties that back up to public open space or easement. Buildings may be built in rear to within 5' of rear property or easement line. Section 5: All ordinances, resolutions and parts thereof, in conflict with this ordinance shall not be in force and effect during the time period of this ordinance. Section 6: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section7: This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 2008 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: MAYOR CITY ATTORNEY CITY COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Wiscombe Commissioner Beckman X: \PB \PB Agendas Staff Reports\2008 Agendas Staff Reports\3- 11- 08\Parking moratorium Permanent Amendment Ord 2007.doc Parking Amendment ORDINANCE NO. ® Planning Bd Recommendations Arg��+ORDINANCE �-Oa��°�+THE _AVkYOR ���r D CITY CO- NnIISSI�Oj, N OF THE CITY O SOUTH 1 H XILALMI, FLO�Ll, RELATING Y 41 THE LAND DEVELOPMENT CODE; REMO—VING F°ROIi THE LAND DE's ELOP- IENT CODE SECTION 0- 4.4(G) ENTITLED ::JOINT USE SPACES NIA SPECIAL PARKING PERMIT "; REMON71 G FROM THE LAND D.EYEL.'ORMENT CODE SECTION 20- 4.4(H) ENTITLED "1IETR'C -RAiIL USAGE CONSIDERATION `r'IA SPECIAL PARKING PERMIT "; AMENDING SECTION 0-7.6 ENTITLED ``PARKING" Lti ORDER TO MODIFY REGULATIONS PERT�iINI`'G TO BONUSES AND PARKING REDUCTIONS IN' THE =`SR.(HII -ONT" SPEC.`IALITY RETAIL (HOMETOX N DISTR.ICT OVERLAY) ZONING DISTRICT; A_NIENDUI.G SECTION 2.0_8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO ELLVII ATE PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT IN THE "TODD "TRA N7SIT ORIENTED DE'V EL.OP' IEN' T DISTRICT ZONING DISTRICT; PROVEDING FOR SENTER BILITY, ORDINANCES IN' CONFLICT, AND P'ROVIDI.NG AN EFFECTIVE DATE NNHEREAS, Sections 20- 4_4(0), 20-4-4(H), 20- 7.6($), Section, 20-7.6 (C) and Section 2.Q- 8.10, of the Land Development Code allows, for reductions mi required off street parking and allows for the ability to make a payment in lieu ofprmidinag required parking spaces; and WHEREAS,. the Cite C:ormmussion at its meeting on May 4, 1999., adopted Ordinance No. 8- 99 -1692, amending regulations retaining to parking reductions an the Hometown Overlay Zone iaz order to require approval by a four/fifths vote of the City Coannus.s on and suspending, the Land Development Code sections referred to above for a period of nine months ; and WHEREAS:, the City Commission at several subsequent meetings, adopted ordinances extending for additional periods the amendments and suspensions of the Land Development Code sections: referred to above; and WHEREAS, at the City Commission. meeting on Mkv 2, 20:06, it was requested that the moratorium ordinance be expanded to modify certain provisions inn Section 20 -7.6 (C), Land. Development Cade which permits payment into the Parking Iufrastracture Trust Fund in lien of providing required spaces; and to extend the moratorium to parking space reductions provided Sections. 2() -8.10, Land Development +Code, entitled TODD — Bonus Allocations; and WHEREAS,, the amendments and suspensions of the Land Development Code sections referred to above were adopted for a final nine month period by Ordinance No. 15 -07 -1916 at the Cite Commission meeting on June 5, 2007 W-111 expire on March 5, 2008; and WHEREAS. the purpose of the moratorium was to afford staff and citizens an adequate time period to reevaluate the City's parking regulations and propose necessary changes; and. 1 • • • Parking Moratorium Amendment (2) WHEREAS, during the moratomun period evaluation and studies carried out by the Zoning Task Force, City consultants, the Parking Board, the Planning Board and City Commi -ssion have provided sufficient information and data to allow for the final adoption of proposed amendments. WHEREAS, the Planting Board at its March 11; 2008 meeting adopted a motion by a vote of _ ayes _ nays recommending that the subject ordinance be RHREAS, the City Commission desh•es to :accept the recomme NOW, THEREFORE, BE IT ORDAINED BY THE !VIAYOR AND CITY CO2-NUmISSIO OF THE CITY OF SOTUTH 1ILA 121, FLORIDA: Section 1: Section 20- 4.4(G), Laud Development Code, entitled "Joint Use Spaces via. Special Parking Pert;`' is amended as follows: Fs i4ig �� 44zr ftseafdifia to the S...tA.. Section 7: Section 204.4(H), Land Development Code, entitled "The Metro -Rail Usage Consideration via Special Parking Pennit," is amended as follows: Planning Board concurs that Section 20 -4.4 (G) is to be removed. Parking Board concurs that Section 20-4.4 (G) is to be removed Parking Board does not agree with Planning Board's recommendation below that this Section (H) be retained and modified. The Board recommends that the section be removed. Planning Board recommends that the Metro rail Useage parking reduction remain and that the 50% reduction be limited to a 20% reduction. ". (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) 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 twenty (20) percent, depending upon the nature and type of use and its potential user relationship to rapid. transit facilities, as provided for under Section 20- 4.4(J)." 2 A; - xtkVt_-__'_-t-_ —. _'__' 6=2__.t______s. e_ .. ltft {����� 4. 11 ]..... RO,� &--R- (141. 7Tnw.. 6 s.C%*0 1 Section 7: Section 204.4(H), Land Development Code, entitled "The Metro -Rail Usage Consideration via Special Parking Pennit," is amended as follows: Planning Board concurs that Section 20 -4.4 (G) is to be removed. Parking Board concurs that Section 20-4.4 (G) is to be removed Parking Board does not agree with Planning Board's recommendation below that this Section (H) be retained and modified. The Board recommends that the section be removed. Planning Board recommends that the Metro rail Useage parking reduction remain and that the 50% reduction be limited to a 20% reduction. ". (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) 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 twenty (20) percent, depending upon the nature and type of use and its potential user relationship to rapid. transit facilities, as provided for under Section 20- 4.4(J)." 2 Parking Moratorium Amendment Section 3: The automatic parking adjustments allowed pursuant to Section 20- 7.5(B), Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided for in Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the rand Development, are hereby amended as set forth below:: Hometown District Overlay Zone 20-7.6 Parking. (A) Hoinetoiwz District Parking. Parking in the Hometown District must be developed and managed primarily- as an element of infrastructme critical to enhancing South MianTi's tax base through economic success of the district. Hometown District parking . shall be subject to the review of the Parking Board as established by Section 2 of the Code of the City* of South NZiami. The Board shall report to the city commission no less than annually on the state of parking in the Hometown District and shall from time to time make recommendations to the city* commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fused, and for the allocation of trust hand monies_ (B) Requfred Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20-4.4 (B) of the Code are provided: 1. On- street spaces adjacent to a lot shall count toward the parking requirements for that pot; a partial space longer than eleven (11) feet shall count as a full space. 'T �i Tf.., ... ...7..... ,. -....4:....., f 1.,.:1.difi ..... -:4f. .. ., .d..... T.f, n 1 r-@qt4@d gill + • Parking Board does not agree with the Planning Board's recommendation below which is to substitute a new formula ; Parking Board supports the removal of the indicated sections. • Planning Board recommended that (B) 2, 3, 4, 5 of this Section be removed and a new formula permitting a standard reduction in required parking in the Hometown District be adopted. This formula reads as follows: _ The following parking reductii _ n mixed use buildings with two top three (3) use categories prov herein under Permitted Uses' ` no less than twenty five (25 gross floor a rea - - - - - - .�;t4f_:..4_.,2n \. �,, #,.a,,4:. _ . +f. ��. ...f.�....�.... . (a) The total required parki . ,. `1 . r r y mixed use building shall be re, ry— L h__- (b) Required parking spaces component of a mixed use reduced by an additional 25 %; a + • - gV@&4@V tkaft 25, r - > z f a 4Z a r— =a 2 l ri th- r- 4 xaG-'— HFi5�3�t3e•1°czc� c zaax ''i'�`E'"r4s xc� 1 V* si it e ,r E ire of the set forth istituting it of the .as for a nroi . the residential Idina shall be 3 • • Parking Moratorium Amendment A .: f-` , - _ _ (C) Procedure. (1) The required mu nber of spaces shall frsst be calculated pursuant to Section 20 -7.12 for each permitted use. T-ho - ppgapg .. f:..:.. j.., -'-m ...h-11 4b--- ,.,. 4'€%$W.." F oi£E 14� 9@@' @F. 20 bF@ f___ 1L_. _ __.L _f_ e.__ —.t __. 1L. _._..7..._1: __. ....1.....1..1...7 -1....ff 1-- (2) The difference between the number of spaces provided, including on street parking, and the number of spaces required shall then be determined- If there are fever spaces provided than required for existing structures only, the applicant must pay into the Parking Infrastructure, Trust Fund a. fee; as determined from time to time by the City Commission upon recommendation of the parking board, reflecting the actual land and construction costs for parking, for each space required but not provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a trust account separate from general funds and may be used only for improvements to the city parking infrastuuc-ture to increase parking capacity or to enhance use of existing parking capacity (3) Designated historic buildings are exempt from all parking requirements. (4) Any changes in use in a building will require a re- calculation in the required parking pursuant to (B) above. If the new combination of uses requires additional parking spaces, a fee, as determined from time to time by the City Commission upon recommendation of the parking board, must be paid into the Parking Infrastructure. Trust Fund. If fewer spaces are required, no refunds will be paid. Section 4: Section 20 -8.10, Land Development Code, entitled `=Bonus allocations," is hereby modified as set forth belong to eliminate the parking reductions and parking bonuses for developments within the bounndaaies of the TODD f ' r 1 r 1 1 en PoNt i4 District. 20 -5.10 Bonus allocations. Action Bonus - -- -.,,f or • Parking Board does not agree with the Planning Board's two recommendations below Planning Board recommended that No.6 remain and be amended to read: • "For replacement of an existing building, completely damaged due to natural or man made disaster, the allowable parking adjustments above, shall continue to be as provided." • Planning Board recommended that if the above 25 % reductions are incorporated then (C) (1)should remain as is; remove the strikethrough. • Parking Board agrees with the Planning Board's two recommendations below, however, the Board is concerned that the LDC section on leasing parking spaces and the section on payment into the infrastructure fund are possibly in conflict. Planning Board recommended that the ability to contribute to the Parking Infrastructure Fund in lieu of providing required parking spaces should be available to new construction and existing structures. The wording "then required for existing structures only" should be removed Planning Board recommended that it must be clarified that the contributing to the Parking Infrastructure Fund is only an alternative to other methods of meeting a required parking deficit. (other sections of the LDC allow leases or variances). The word "must 'should be replaced with the word "may" (C)(2) (4). Parking Board agrees with the Planning Board's two recommendations on TODD below, however the Board felt that a formula is needed to determine number of spaces Planning Board concurred that in the TODD District parking reductions should be limited and that height bonuses or reduction of required parking should not be given for arcades or underground parking Planning Board recommended that the bonus for mixed use should remain and that the language be revised to read "Three or more uses" "25 % parking reduction `l • 0- Parking Moratorium Amendment For every 1 floor of 1 additional floor of residential use residential use with the CITY CLERK mirumma parldng MAYOR requirement (two (2) cars per residential use) Public plaza -min_ 5,000 sq_ One (1) additional moor ;3. and art work- in plaza setting Develop full frontage -with One (1) additional floor street denim as part of pedestrian walkwav s.vstem Develop "cross- thru's" One (1) additional floor from street to public open space as part of pedestrian rcalk systani, on owmees property (Maintenance required in Section 20- 8.15 For those properties that back up to public open space or easement. Buildings may be built in rear to of rear Property or easement line. ,Section S: All ordinances, resolutions and parts thereof, in conflict with this ordinance shall not be in force and effect during the time period of this ordinance. Section 6: If any section; clause, sentence, or phrase of this ordinance is for any reason field invalid or unconstitritional by a court of competent jurisdiction, the holding shall not affect the t-alidity of the remaining portions of this ordinance. Secfion7: This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 2008 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORArEY CITY COA4 -\ ISSIOIv VOTE: Mayor Feliu: Vice Mayor: Cornrnissioner Palmer: Commissioner Commissioner Beckman • Planning Board recommended that the last section on TODD bonuses read as follows: • Parking Board does not agree with Planning Board's recommendation below • In no event can the accumulation of bonuses exceed a 45% reduction on required parking. • (Note: the above maximum of 45% reduction in parking would only apply if a mixed use (3 uses) development was within 1500 feet of the Metro Rail and the City Commission approved up to a 20% reduction. • Comm Items 4 -1 -08 5