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06-10-08 Item 20South Miami Oftedca City CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Sanford A. Youkilis, Acting Planning Director Date: June 10 2008 ITEM No. PB -07 -029 Applicant: City of South Miami 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 "JOINT 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 had been extended on seven occasions. The moratorium has been extended by 30 day emergency ordinances adopted by the City Commission. The last emergency ordinance adopted is effective until June 20, 2008. The emergency ordinance may need to be adopted one more time, if the final ordinance dealing with the parking reduction /bonus issue is not adopted on June 10, 2008. The Parking Moratorium Ordinance which permanently removes all of the sections currently modified or under suspension was approved on first reading by the City Commission at its May 6, 2008 meeting. At that time it was agreed that a public workshop should be held in order to put together all of the revisions and changes which had been suggested by the City's various Boards and committees. CITY COMMISSION ACTION The City Commission conducted a workshop on May 15, 2008, at which time Commission members and a number of citizens present agreed that certain parking bonuses should be moved and that others should be modified. The Administration has prepared a revised "Parking Moratorium Amendment" decision chart (l l x 17 ") which contains the approved first reading ordinance in the left column and the proposed revisions originating from the workshop in the right 2 column. The following is a summary of the suggested changes to be incorporated in the parking amendment ordinance: (a) it was agreed at the workshop the Joint Use Spaces reduction bonus (LDC 20- 4.4(G) and the Metro -Rail Usage reduction (LDC 20- 4.4(H) are to be eliminated ; (b) it was agreed at the workshop that the Hometown District reduction would be a general reduction for mixed use the percent reduction would be 20 %; (c) it was agreed at the workshop in the Hometown District a new building not having sufficient number of parking spaces must contribute to a fund now being called the Hometown District Improvement Fund; and new buildings having less then required spaces would require special exception approval (d) it was agreed at the workshop in the Hometown District an existing building requiring additional parking spaces due to expansion or change in use will have a choice of contributing to the fund, leasing spaces, requesting a variance or getting a special assignment of on- street spaces from the City Manager; (e) it was agreed at the workshop that the contribution to the fund for each space required but not provided would be $1000 per space annually which could be adjusted periodically; (f) it was agreed at the workshop that the Hometown District Improvement Fund would allow expenditures for installation of street furniture or improvements to the pedestrian environment. (g) it was. agreed at the workshop that the existing parking reductions in the TODD zoning districts would be deleted in this section, however, the 25% parking reduction for mixed use should be placed in another more appropriate location in the TODD zoning district chapter as part of a follow -up ordinance. PLANNING BOARD ACTION /COMMENTS The Planning Board at its May 27, 2008 meeting, after public hearing, recommended by a vote of 6 ayes 0 nays that the :Parking Moratorium Ordinance with the added changes made at the City Commission Workshop be adopted. The Board did make suggested modifications to the changes proposed at the Workshop. These suggestions are attached as a separate document. GREEN TASK FORCE COMMENTS The Green Task Force at its June 2, 2008 meeting, reviewed the changes made at the City Commission Workshop and made suggested modifications to the changes proposed at the Workshop. These suggestions are attached as a separate document. PARKING BOARD COMMENTS The Parking Board at a special meeting held on June 6, 2008 reviewed the changes made at the City Commission Workshop and made suggested modifications to the changes proposed at the Workshop. These suggestions am attached as a separate document. RECOMMENDATION It is recommended that the attached first reading draft be amended by the modifications suggested at the City Commission's May 15, 2008. Workshop, and further modified by the suggestions made by the Planning Board at its May 27, 2008 meeting; the revised ordinance should then be adopted. Attachments: Proposed Ordinance (First Reading) Parking Moratorium Amendment Decision Chart 11 Planning Board Comments Green Task Force Comments Parking Board Comments Planning Board Minutes Excerpt 5 -27 -08 Public notices X: \Comm Items \2008 \6 -1 0 -08 \Parking Moratorium 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 51 52 1 ORDINANCE NO. 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 "JOINT 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 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), 20- 7.6(B), Section 20 -7.6 (C) and Section 20- 8.10, of the Land Development Code allows for reductions in required off street parking and allows for the ability to make a payment in lieu of providing required parking spaces; and WHEREAS, the City Commission at its meeting on May 4, 1999, adopted Ordinance No. 8- 99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in order to require approval by a four /fifths vote of the City Commission 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 May 2, 2006, it was requested that the moratorium ordinance be expanded to modify certain provisions in Section 20 -7.6 (C), Land Development Code which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; and to extend the moratorium to parking space reductions provided Section 20 -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 City Commission meeting on June 5, 2007 will 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 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 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 City Commission at its May 6, 2008 meeting approved the first reading of an ordinance which makes permanent all of the amendments, suspensions and modifications which were in effect under the current parking moratorium ordinance; and WHEREAS, the City Commission on May 15, 2008 conducted a workshop on the current parking moratorium ordinance including a review of proposed changes suggested by the Planning Board at its March 11, 2008 meeting and by the Parking Board at its March 21, 2008 meeting; by and WHEREAS, at the May 15, 2008 City Commission workshop it was agreed that certain amendments would be considered to the current parking moratorium ordinance; and WHEREAS, the Planning Board at its May 27, 2008 meeting recommended additional revisions to be considered and then adopted a motion by a vote of 6 ayes 0 nays recommending that the subject ordinance be approved; and WHEREAS, the Parking Board at its June 6, 2008 meeting recommended additional revisions be considered to the current parking moratorium ordinance; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to adopt legislation which replaces the current parking moratorium ordinance. 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: 39 40 41 42 6 p.m through 6 1 2 . 3 4 , 5 , 6 7 8 . Add 9 10 11 12 Section 2: Section 20- 4.4(H), Land Development Code, entitled "The Metro -Rail Usage 13 Consideration via Special Parking Permit," is amended as follows: 14 15 16 17 , 18 , 19 , 20 na4w@ , 21 " 22 23 24 Section 3: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B), 25 Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided 26 for in Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the Land 27 Development, are hereby amended as set forth below:: 28 29 Hometown District Overlay Zone 30 31 20 -7.6 Parking. 32 (A) Hometown District Parking. Parking in the Hometown District must be developed and 33 managed primarily as an element of infrastructure critical to enhancing South Miami's tax base 34 through economic success of the district. Hometown District parking shall be subject to the review 35 of the Parking Board as established by Section 2 of the Code of the City of South Miami. The 36 Board shall report to the city commission no less than annually on the state of parking in the 37 Hometown District and shall from time to time make recommendations to the city commission for 38 changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for 39 the allocation of trust fund monies. 40 41 (B) Required Parking. Within the Hometown District, the following adjustments to the number 42 of parking spaces required by Section 20 -4.4 (B) of the Code are provided: 43 44 1. On- street spaces adjacent to a lot shall count toward the parking requirements for 45 that lot; a partial space longer than eleven (11) feet shall count as a full space. 46 47 , buildings with Meade's shall rveeive an five 48 49 50 In ad , Me ofthe feilewing -m-ay 51 52 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 4 - - - - - — -- -- -- .... MORROW - - - -- - - - - - — -- -- -- .... MORROW (C) Procedure. (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 buildings are exempt from all parking requirements. - - — -- -- -- .... MORROW - -- NOT - - - -- (C) Procedure. (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 buildings are exempt from all parking requirements. - - — -- -- -- .... MORROW (C) Procedure. (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 buildings are exempt from all parking requirements. Man made disastor-5 the allowable par4ting adjustments id-owifi-Odd in- Subparagf&P (C) Procedure. (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 buildings are exempt from all parking requirements. 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 (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 for a pefiod of nine (9) months for- the District. 20 -8.10 Bonus allocations. Action Bonus . 59; Pffkifig over meade not -e-unted in t 0. 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. in He evens OVA 4,40 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. 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 X Section7: This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 2008 ATTEST: CITY CLERK 1St Reading —May 6, 2008 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: U., 7 •C CITY COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Wiscombe Commissioner Beckman X: \Comm Items\2008 \6- 10- 08\Parking moratorium Amendment Ord 6- 10- 08.doc N m 9 E ro 0 o a` ; q Q Q a 0 ✓Q v N H y � V a�� A� off' WWzo a �� 0 as F U�a�G H O u 0^ w w z A C 7 F zap; Uqq��7�a'AOULa�:. 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Therefore (C)(2)(a) to read "Approval for having Less than required spaces above 20% of the requirement must be approved via the special exception process set forth in Section 20 -7.51 of the chapter: 2. LDC Section 20 -7.6 (C)(2)(b): If on- street parking spaces are assigned by the City Manager and are considered required parking, the recipient, of those assigned spaces should also pay the fee into the Trust Fund. Therefore the following language should be added after "Section 20- 4.4(A)(2) - and pay into the Hometown District Improvement Fund a fee as set forth below. " 3. LDC Section 20 -7.6 (C)(3): There should be a provision that assures that trust fund monies will be spent on parking facilities. Therefore the following language should be added at the end of (C)(3)- "The improvement trust fund must dedicate a minimum of 50% of the trust funds for public parking facilities. " XAComm [tems\2008 \6 -10 -08 \Planning Bd Parking recommendations 5- 27- 08.doc South Miami Green Task Force Recommendations and Comments Concerning Modifications to the Parking Ordinance Draft: June 2, 2008 The South Miami Green Task Force endorses the parking workshop recommendation to allow a 20% parking reduction for mixed -use buildings in the Hometown District. In addition, the Green Task Force endorses the proposed fee payment into the Hometown District Improvement Fund for required parking not provided for. We feel however, that a minimum of 25% of the monies collected in this fund should be used for items that improve the pedestrian environment such as: tree planting and maintenance, bike parking and racks, sidewalk improvements and maintenance, bench installation, water fountains, outdoor recycle bins, and signage for parking and bike racks. The Green Task Force feels that these actions will help to nurture a pedestrian friendly and walkable environment, a critical component in the promotion of a sustainable community. South Miami Parking Board Recommendations and Comments Concerning Modifications to the Parking Ordinance June 6, 2008 Meeting- adopted by Parking Board 1. LDC Section 20 -7.6 (A): The Board recommends that the trust fund name should be Hometown District Parking Improvement Trust Fund. This would applicable in other sections which contain the name of the trust fund. LDC Section 20 -7.6 (C)(2)(b) : The Board expressed overall concern that these regulations continue to allow "phantom" parking spaces. The Board felt that the sentence referring to leases should contain a qualification statement as follows: "Provided that parking leases are for a maximum of five years or the term of the lease with a minimum of one year." 3. LDC Section 20 -7.6 (C)(3): The Board recommends that all of the fiends collected in the trust fund should be used for parking infrastructure and facilities only. The reference to the additional use of the funds for street furniture and improvements to the pedestrian environment should be removed XAComm [tems\2008 \6 -10 -08 \Parking Bd Parking recommendations 6- 6- 08.doc CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 27, 2008 City Commission Chambers 7:30 P.M. -- EXC—E- I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:44 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Comendeiro, Mr. Cruz, Mr. Farfan, and Ms. Chael. Absent: Ms. Young. City staff present: Sanford A. Youkilis (Acting Planning Director) and Liuvia Resendiz (Administrative Assistant). III. Planning Board Applications/Public Hearing PB -07 -029 Applicant: City of South Miami 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 "JOINT 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 Action: Mr. Morton read the item into the record. Mr. Youkilis advised that the ordinance has been modified and brought back to the Planning Board for final recommendation. The City Commission held a workshop on May 15, 2008 and made changes to the previously approved ordinance that the Planning Board approved with Planning Board Meeting May 27, 2008 Excerpt Page 2 of 2 recommendations at its March 11, 2008 meeting. Mr. Youkilis then reviewed the recommendations made during the workshop of May 15, 2008. Mr. Morton questioned if there is a minimum percentage which will limit the number of fixed spaces that someone could pay into the parking fund without having to provide parking the required spaces. Mr. Youkilis replied that although it was not implemented it was recommended to include a sentence providing that approval for having less than required spaces must be granted via the special exception process which goes before the Planning Board and the City Commission. The Board agreed that only a certain percentage of parking spaces should be exempt from paying into the parking fund. Mr. Comendeiro moved to recommend that a request to reduce parking requirements above 20% must be approved via a special exception and Mr. Cruz seconded. The Board unanimously agreed. Mr. Morton questioned the parking space credit Section20- 4.4(A)(2) and was concerned that the credited spaces will not be charged the proposed $1000 fee. Mr. Youkilis advised that the LDC states the an applicant may request that the City Manager assign on- street parking spaces to be counted as part of the required spaces if they are within 1500 feet away of the subject property. The Board agreed to amend No. 2(b) to require that those spaces being administratively credited by the City Manager should be required to pay the $1.000 fee. Mr. Morton also expressed concerns that those merchants outside of the Hometown District which are granted with on- street parking spaces should not be excluded from paying into the Hometown District Improvement Fund and be required to pay into the Trust Fund and the Board agreed. Ms. Yates moved to replace the word "or" with "and" in order to include that the assignment of on- street parking spaces by the City Manager should be subject to pay the $1,000 fee and Mr. Farfan seconded. The Board passed the motion by a unanimous vote. Mr. Cruz questioned the definition of the word "parking infrastructure." He was concerned that it could be related to uses other than for the Hometown. District parking upgrade. After discussion the Board agreed that that (C)(3) should include the following sentence, "The improvement trust fund must dedicate a minimum of 50% of the trust funds for public parking facilities." Mr. Comendeiro moved to make the following text amendments and Ms. Yates seconded. The Board passed the motion by a unanimous vote. Motion: Ms. Yates moved to approve the proposed Off - Street Parking Bonus Provisions Mr. Comendeiro seconded with the following recommendations: 1. Include 20% requirement in (C)(2)(a) to read "Approval for having less than required spaces above 20% of the requirement must be approved via the special exception process set forth in Section 20 -7.51 of the chapter: 2. Replace the word "or" with "and" under (C)(2)(b) t6 read "City Manager in accord with Section 20- 4.4(A)(2); ov and pay into the Hometown District Improvement Fund a fee as set forth below." 3. In (C)((3) include "The improvement trust fund must dedicate a minimum of 50% of the trust funds for public parking facilities. " Vote: 6 Ayes 0 Nays XACOMM ITEMS\2008 \6- 10- 08 \PB- MIN- 05 -27 -08 EXCERPT PARKING .DOC no-MEOW, 61 MMMMA co Q 0 U) 0 0 Z E 0 U E 0 U) 0 E a 0 L. 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