05-20-08 Item 111
2 ORDINANCE NO.
3
4 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
6 ISSUED PURSUANT TO ARTICLE II, SECTION 6(D).2 OF THE
7 CITY CHARTER; RELATING TO THE LAND DEVELOPMENT
8 CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS
9 PERTAINING TO BONUSES AND PARKING REDUCTIONS IN
10 THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD)
11 AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO
12 REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY
13 COMMISSION AND SUSPENDING CERTAIN OTHER
14 PROVISIONS THAT ALLOW FOR THE REDUCTION OF
15 REQUIRED PARKING SPACES, THEREBY ENABLING THE
16 CITY'S PLANNING BOARD TO MAKE FINAL
17 RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT
18 A PROPOSED ORDINANCE MAKING PERMANENT THE
19 SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS
20 ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS
21 THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND
22 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
23 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
24 AN EFFECTIVE DATE.
25
26 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), 20- 7.6(B), Section 20 -7.6 (C) and Section 20-
27 8. 10, of the Land Development Code allows for reductions in required off street parking or allow
28 for the ability to make a payment in lieu of providing required parking spaces; and
29
30 WHEREAS, the impact of the Shops of Sunset on the downtown and TODD area parking
31 supply has highlighted the need to reevaluate parking regulations contained within the Land
32 Development Code; and
33
34 WHEREAS, the City Commission at its meeting on May 4, 1999, adopted Ordinance No. 8-
35 99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in
36 order to require approval by a four /fifths vote of the City Commission and suspending the Land
37 Development Code sections referred to above for a period of nine months; and
38
39 WHEREAS, the City Commission at several subsequent meetings, adopted ordinances
40 extending for additional periods the amendments and suspensions of the Land Development Code
41 sections referred to above; and
42
43 WHEREAS, at the City Commission meeting on May 2, 2006, it was requested that the
44 moratorium ordinance be expanded to modify certain provisions in Section 20 -7.6 (C), Land
45 Development Code which permits payment into the Parking Infrastructure Trust Fund in lieu of
46 providing required spaces; and to extend the moratorium to parking space reductions provided
47 Section 20 -8.10, Land Development Code, entitled TODD — Bonus Allocations; and
48
49 WHEREAS, the amendments and suspensions of the Land Development Code sections
50 referred to above were adopted for a nine month period by Ordinance No. 15 -07 -1916 at the City
51 Commission meeting on June 5, 2007 and will expire on March 5, 2008; and
52
I WHEREAS, the purpose of the moratorium was to afford staff and citizens an adequate time
2 period to reevaluate the City's parking regulations and propose any necessary changes; and
3
4 WHEREAS, the necessary evaluation and studies carried out by the Zoning Task Force, the
5 Parking Board, the Planning Board and City Commission are sufficiently completed to allow for
6 the final preparation and adoption of proposed amendments; and
7
8 WHEREAS, a proposed ordinance making permanent the suspended provisions set forth in
9 this ordinance is now pending before the Planning Board and will be transmitted to the City
10 Commission for adoption; and
11
12 WHEREAS, it is necessary to adopt an emergency ordinance to ensure that all future
13 development is consistent with the proposed parking regulations scheduled to come before this
14 Commission for approval;
15
16 WHEREAS, Pursuant to Article II, Section 6, "Ordinances," Subsection (D)2., the City finds
17 that a public emergency affecting life, safety, health, property and the public peace exists as the
18 City will face parking challenges if the moratorium is lifted in the interim and as the new
19 regulations would ensure the protection of the safety, health, public peace and property within
20 South Miami; and,
21
22 WHEREAS, the City requires an affirmative vote of four members of the City Commission to
23 adopt the emergency ordinance.
24
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
27 OF THE CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B),
30 Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided
31 for in Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the Land
32 Development, are hereby amended as set forth below for a period of 30 days to assure that the
33 provisions set forth are not incorporated into current or future development plans prior to final
34 consideration and potential adoption of a pending ordinance making permanent the amended
35 provisions.
36
37 (B) .Required Parking. Within the Hometown District, the following adjustments to the
38 number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
39
40 1. On- street spaces adjacent to a lot shall count toward the parking requirements for
41 that lot; a partial space longer than eleven (11) feet shall count as a full space.
42
43 2. Where arcades are optional, buildings with arcades shall receive an additional five
44 (5) percent reduction in the required number of spaces.
45
46 3. In addition to the above, one of the following may apply:
47
48 a. Two -story buildings shall receive a fifteen (15) percent reduction in the
49 required number of spaces.
50
51 b. Buildings of two (2) or more stories with uses from two (2) of the three (3)
52 use categories provided herein under "Permitted Uses," each use
53 constituting no less than thirty (30) percent of the gross floor area, shall
54 receive a thirty (30) percent reduction in the required number of spaces.
55
I C. Buildings of three (3) or more stories with uses from each of the three (3)
2 use categories provided herein, each use constituting no less than twenty -
3 five (25) percent gross floor area, shall receive a forty-five (45) percent
4 reduction in the required number of spaces.
5
6 4. For new buildings greater than 25,000 square feet, changes of use and additions
7 greater than 10,000 square feet, the allowable parking adjustments identified in
8 subparagraphs (2) and (3), above, shall require the affirmative vote of four (4)
9 members of the City Commission and follow those procedures established for
10 special use permits as set forth in Section 20- 5.8(B) through (F), Land
11 Development Code and shall follow those procedures for public hearings set forth
12 in Section 20 -5.1 through 20 -5.6, Land Development Code.
13
14 5. For new buildings not exceeding 25,000 square feet, changes of use and additions
15 not exceeding 10,000 square feet, the allowable parking adjustments identified in
16 subparagraphs (2) and (3), above, shall continue to be as provided.
17
18 6. For replacement of an existing building, completely damaged due to natural or
19 man made disaster, the allowable parking adjustments identified in subparagraphs
20 (2) and (3), above, shall continue to be as provided.
21
22 (C) Procedure.
23
24 (1) The required number of spaces shall first be calculated pursuant to Section 20 -7.12
25 for each permitted use. The appropriate reduction in parking spaces shall then be
26 calculated as provided in Section 20 -7.6B above. If the reduction calculated
27 includes a fraction less than a whole number, the reduction calculated shall be
28 rounded up and subtracted from the required (unadjusted) number of spaces to
29 determine the adjusted parking requirement.
30
31 (2) The difference between the number of spaces provided, including on street
32 parking, and the number of spaces required shall then be determined. If there are
33 fewer spaces provided than required for existing structures only, the applicant must
34 pay into the Parking Infrastructure Trust Fund a fee, as determined from time to
35 time by the parking committee, reflecting the actual land and construction costs for
36 parking, for each space required but not provided. Monies paid into the Parking
37 Infrastructure Trust Fund shall be placed in a trust account separate from general
38 funds and may be used only for improvements to the city parking infrastructure to
39 increase parking capacity or to enhance use of existing parking capacity.
40
41 (3) Historic or contributive buildings are exempt from all parking requirements.
42
43 (4) Any changes in use in a building will require a re- calculation in the required
44 parking pursuant to (B) above. If the new combination of uses requires additional
45 parking spaces, a fee, as determined from time to time by the parking committee,
46 must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are
47 required, no refunds will be paid.
48
49 Section 2: Section 20- 4.4(H), Land Development Code, entitled "The Metro -Rail
50 Usage Consideration via Special Parking Permit," is hereby suspended for a period of 30 days to
51 assure that the provisions under suspension are not incorporated into current or future development
52 plans prior to final consideration and potential adoption of a pending ordinance making permanent
53 the suspended provisions.
54
I Section 3: Section 20- 4.4(G), Land Development Code, entitled "Joint Use Spaces via
2 Special Parking Permit," is hereby suspended for developments within the boundaries of the
3 Hometown District for a period of or a period of 30 days to assure that the provisions under
4 suspension are not incorporated into current or future development plans prior to final
5 consideration and potential adoption of a pending ordinance making permanent the suspended
6 provisions.
7
8 Section 4: Section 20 -8.10, Land Development Code, entitled "Bohus allocations," is
9 hereby modified as set forth below to suspend certain parking reductions and parking bonuses for
10 developments within the boundaries of the TODD for a period or a period of 30 days to assure that
11 the provisions under suspension are not incorporated into current or future development plans prior
12 to final consideration and potential adoption of a pending ordinance making permanent the
13 suspended provisions.
14
15 20 -8.10 Bonus allocations.
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Action
Bonus
1 additional n,.,._
For every 1 floor of
1 additional floor of
residential use
residential use with the
minimum parking
requirement (two (2) cars
per 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.
seetion
Section 5. Pursuant to the provisions of Article I1, Section 6, Subsection (D).2, of the
Charter of the City of South Miami this ordinance is hereby declared an emergency ordinance to
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assure that any development shall be consistent with the proposed parking development regulations
scheduled to be adopted by the City Commission.
Section 6 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 7 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.
Section 8: This ordinance shall take effect immediately at the time of its passage and
be repealed as of the 31 st day following the date of adoption set forth below.
PASSED AND ADOPTED this 2001 day of May, 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin, Gallop & Figueredo, P.A.,
Office of City Attorney
APPROVED:
MAYOR
CITY COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
X: \Comm Items \2008 \3- 4- 08\Parking moratorium Emerg Extension Mar 2008.doc