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07-22-08 Item 15South Miami AlbAmeHca Clip 1 . -..1�.. CITY OF SOUTH MIAMI �® IND 1927 o CORPO app RATE 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: July 22, 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 /STATUS 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 (Ordinance No. 21 -08 -1956) is effective until July 24, 2008. The emergency ordinance may need to be adopted one more time, if the final third reading ordinance dealing with the parking reduction /bonus issue is not adopted on July 22, 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. Following the workshop the City Commission amended the draft ordinance at its June 10, 2008 meeting, which ordinance as amended is currently before the Commission for adoption on 3rd reading. CITY COMMISSION WORKSHOP SUMMARY 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 2 Moratorium Amendment" decision chart (11 x 17 ") which contains the approved first reading ordinance in the left column and the proposed revisions originating from the workshop in the right 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(6) 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 are attached as a separate document. FINAL 3rd READING DRAFT The City Commission at its June 10, 2008 meeting incorporated a combination of amendments suggested at the workshop, by the Planning Board, the Parking Board and by the Green Task Force into a final draft ordinance which is attached and is identified as "3`d Reading Draft ". 3 RECOMMENDATION It is recommended that the attached 3rd Reading draft be adopted. Attachments: Proposed Ordinance (3rd Reading Draft ) Excerpt City Commission Meeting 6- 10 -08, pp. 14-17 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 \7- 22- 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 1 3rd Reading Draft 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 39 40 41 42 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: R. 6 pm through 5% 6% 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 till Section 2: Section 20- 4.4(H), Land Development Code, entitled "The Metro -Rail Usage Consideration via Special Parking Permit," is amended as follows: .�. - - -- --- _ - - -' -= - - - =_ =-- = -- --== _ - - -- - -- - - - -_ -= 0 -- - - -' - - - _. - - -- -- - - - - -- - - - 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 Hometown District Improvement 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. 2. The following parking reduction shall apply to mixed use buildings with two (2) or more of the three (3) use categories (retail, office, residential) uses provided that each use constitutes no less than twenty five (25) per cent of the gross floor area: the total required parking spaces for a mixed use building shall be reduced by twenty (20) per cent. 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 53 54 4 _ .0 _ - _ _ �- _ _ _ _ _ _ 3 -: - _.- ..- _- :--- _ - -:_._ __: - =- == =---- - - - - -: _ - --- = _ _ -- = -_ - -_ _ - - - - - - - =- existin Completely - - -- - -- - - - -- - -- -- - (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 Structures: If there are fewer spaces provided than required for new structures the applicant must apply for and receive a special exception as per Section 20 -7.51 of this chapter and pav into the Hometown District Improvement Trust Fund a fee as set forth below as 'ime to time OM , for each space required but not provided. (b) Existing Structures: If there are fewer spaces provided than required for existing structures, the applicant may: obtain a special exception waiving the number of additional spaces required in accord with the process set forth in Section 20 -7.51 of this chapter; lease surplus off -site parking spaces in accord with Section 20- 4.4(F)(2); r-l" - ° - °a.* in ..a with Section 20 A A /A)(2), or pay into the Hometown District A4 An- building, damaged due existin Completely (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 Structures: If there are fewer spaces provided than required for new structures the applicant must apply for and receive a special exception as per Section 20 -7.51 of this chapter and pav into the Hometown District Improvement Trust Fund a fee as set forth below as 'ime to time OM , for each space required but not provided. (b) Existing Structures: If there are fewer spaces provided than required for existing structures, the applicant may: obtain a special exception waiving the number of additional spaces required in accord with the process set forth in Section 20 -7.51 of this chapter; lease surplus off -site parking spaces in accord with Section 20- 4.4(F)(2); r-l" - ° - °a.* in ..a with Section 20 A A /A)(2), or pay into the Hometown District 1 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 5 Improvement Trust Fund a fee as set forth below. (c) The fee payment into the Hometown District Improvement Fund for each space required but not provided shall be $1000 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. (3) Monies paid into the Hometown District Improvement Parking Infis Trust Fund shall be placed in a trust account separate from general funds and may be used for improvements to the public eity parking facilities, infrastructure to increase parking capacity, , and the installation of metering devises. Monies collected in this fund should also be used for items including but not limited to 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. (4) Designated historic buildings are exempt from all parking requirements, except that existing off - street parking shall not be removed. (5) 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 Hometown District Improvement 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 t k4f1d01;gf@tMj parkin 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 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 R 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 no event mn the 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: CITY ATTORNEY APPROVED: MAYOR CITY COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Wiscombe: Commissioner Beckman: X: \Comm Items\2008 \7- 22- 08\Parking moratorium 3rd Reading Amendment Ord 2008.doc D 1 TEPA 2 City of South Miami 3 Regular City Commission Minutes 4 June 10, 2008 5 6 CALL TO ORDER: 7 • 8 The City Commission of the City of South Miami, Florida met 9 in regular session on Tuesday, June 10, 2008, beginning at 7:15 10 p.m., in the City Commission Chambers, 6130 Sunset Drive. 11 12 A. Roll Call: 13 The following members of the City Commission were present: 14 Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and, 15 Commissioners Randy G. Wiscombe, Velma Palmer and Jay Beckman. 16 17 Also in attendance were: City Attorney Luis Figueredo, City 18 Clerk Maria M. Menendez and City Manager Ajibola Balogun. 19 20 B. Invocation: The invocation was delivered by Mayor Feliu. 21 22 C. Pledge of Allegiance: 23 The Pledge of Allegiance was recited in unison. 24 25 D. Presentations(s) 26 27 Proclamation for "Code Enforcement Officers' Appreciation 28 Week" 29 30 Our Code Enforcement team was present to receive the 31 proclamation which was presented by Mayor Feliu, Vice Mayor 32 Beasley and Commissioner Wiscombe. 33 34 Recognizing National Public Works Week Sponsors 35 36 At this time the sponsors of National Public Works Week were 37 recognized. Among those present were representatives of Vila and 38 Associates, Benson Electric, and former Mayor Mary Scott for 39 Chamber South. 40 41 Also, trophies were presented to the Mayor and Police Chief 42 for their accomplishments as leaders of the softball teams during 43 the Public Works picnic celebrated Saturday, May 31St. 44- REGULAR CITY COMMISSION 1 MINUTES - June 10, 2008 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 20. 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)" SPECIALTY 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. (Deferred 5106108) (Commissioner Beckman) 3/5 Moved by Mayor Feliu, seconded by Commissioner Palmer to approve this item. Commissioner Beckman presented this item, giving an overview of the process with regard to this ordinance; he said that after the first reading, a workshop was held which resulted in some proposed amendments which now need to be formally added. Counselor Figueredo explained that depending on the significance of the amendments, the ordinance would have to come back for a third reading. Moved by Commissioner Wiscombe, seconded by Mayor Feliu, the motion to invite members of the Green Task Force and Parking Board to speak on this item passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Green Task Force member, Donna Shelley addressed the Commission regarding their diversion with the Parking Board's recommendation, which is using a part of the fee payment towards pedestrian improvements, such as bike racks, signage for parking, etc. Parking Board member, Sharon McCain addressed the Commission with regard to the need for the parking infrastructure trust fund; she said that the money is needed for the improvement of REGULAR CITY COMMISSION 14 MINUTES - June 10, 2008 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 the old and decayed parking meters, parking signage, etc. She also said that the Parking Board members would like to name the fund the "Hometown District Improvement Trust Fund." She said that the Parking Board also suggested that all funds collected in the trust fund should be used for parking infrastructure and facilities only; and that the reference to use additional use of fund for street furniture and improvements to pedestrian should be removed. With no further.speakers the public hearing was closed. At this time the Commission proceeded to adopt the proposed amendments. Moved by Commissioner Beckman to amend the ordinance by including recommendation (B)2. The following parking reduction shall apply to mixed use buildings with two (2) or more of the three (3) use categories (retail, office, residential) uses provided that each use constitutes no less than twenty five (25) per cent of the gross floor area: the total required parking spaces for a mixed use building shall be reduced by twenty (20) per cent. Seconded by Mayor Feliu, the motion passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Moved by Commissioner Beckman to amend the ordinance by including recommendation (C)(2)(a) with an additional amendment to read: ... existing struetures only, the applicant must apply and receive a special exception and pay into the Hometown District Improvement Trust Fund a fee as set forth below.... Seconded by Mayor Feliu, the motion passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to remove the last sentence of paragraph (C) (2) (a) passed by a 5 -0 vote: REGULAR CITY COMMISSION MINUTES - June 10, 2008 Commissioner Wiscombe: Yea Commissioner Palmer: Yea 15 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 Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Moved by Commissioner Beckman to amend the ordinance by including recommendation (C) (2) (b) . Seconded by Mayor Feliu, the motion passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Moved by Commissioner Beckman to amend the ordinance by including recommendation (C)(2)(c). Seconded by Vice Mayor Beasley, the motion passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Moved by Mayor Feliu, seconded by Commissioner Palmer to amend the ordinance by including recommendation (C) (3), and inserting the following language: that a minimum of 255 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. After a discussion regarding this amendment, the motion failed by a 1 -4 vote: Commissioner Wiscombe: Nay Commissioner Palmer: Nay Commissioner Beckman: Nay Vice Mayor Beasley: Nay Mayor Feliu: Yea Moved by Commissioner Wiscombe, seconded by Commissioner Beckman to amend the ordinance by including recommendation (C) (3), and inserting the following language: Including but not limited to items that improve the pedestrian environment, such as tree planting and maintenance, bike parking and racks, sidewalk improvements and maintenance, bench installation, water REGULAR CITY COMMISSION 16 MINUTES - June 10, 2008 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 fountains, outdoor recycle bins and signage for parking and bike racks and parking iaeter devices. The motion passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Moved by Commissioner Beckman to amend the ordinance by including recommendation (C)(4). Seconded by Commissioner Wiscombe, the motion passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Moved by Commissioner Beckman to amend the ordinance by amending (C) (5) to replace the name of "Parking Infrastructure Trust Fund" with "Hometown District Improvement Trust Fund." Seconded by Commissioner Wiscombe, the motion passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea With no further comments, the motion to approve this item as amended passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea Commissioner Beckman at this time referred to still another proposed revision to the ordinance as indicated on page 3 of the "Parking Moratorium Amendment" spreadsheet: Revise last sentence in (A). (The Commission agreed to discuss this at the next reading of the ordinance) (Due to the various amendments, this item will be brought back for third reading at the next regular meeting on 7/22/08) REGULAR CITY COMMISSION MINUTES - June 10, 2008 17 N N V- 0 o a 2 aOr-r N•+;f�OF �zr� °% y F W N O W U W ChOOOa GF 0Eg- 7 oa0F uw�aa ® PGFo u U w,••w d^ �� �a �W Z Uq� ChP.Ag0( -J OAE"H UO� A�y r•r00 /�a� OF AA WOo" W O 'd' UOC9W 0���E O�Fw� zrA��HoE4 ■� a F�TZA�AO tip zN U O wpw0 ac�w`.� q,, wNC6U �O��wt� aa��oHww��Cy� � W T w� W p W G A F W H O� .I u wv a�..H�H� a °yAah o�.�I Ply �..u..Hµ� �, F� ZC RH �.o�r'70W Oa -�40p wwwP dF..IA.'�. W WwWP,FArvWWAWP, V- G v Z Quo b •«07 .� �t'.g�g O $o C h ja aa `ON Q aj Ltl a n.g•a 9'� 0 .�J d"i � C !�! 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L m a 0 2 c N 111 •i o °'» jj , 'O � a •o ;,u9� o b k q m o .y P 'O •� B,a A'b m u C,i N O W � W o u � m q o , v 0 N N CO cd 5 C E 10 N y 0 o; N U a e 0 U u w a ~ o .p n Nka a C o �o9 � 9 U qA Q' gpgpNpuqqN F b N 1-1 a.0 m a 9• -0 N m C V O O e 0 Pl a0 N LO F O a �y u ,9 s s A w u Q'C U 3i a Q. O q O � o a a o o O q O fnl G ylA Q O t V O .k s . ° a O a t° a. a 13 - � •u' Pi'•� b a � u r �.S a LO F O a �y u ,9 s s A w u Q'C U 3i a Q. O q O � o a a o o O q O fnl G ylA Q O t V O � � � E �o C: 0 �. ��. � � .� § 0 ( � . & c \ � \ � � ) ) � } � \ 0 \/ $ K-1 § \ A .. 0 \/ /) q � ( \ . § \>uuu ) 0 § ( o § u e t ® ( K-1 South Miami Planning Board Recommendations and Comments Concerning Modifications to the Parking Ordinance May 27, 2008 Meeting- adopted by Planning Board 1. LDC Section 20 -7.6 (C )(2)(a): Include a provision that the special exception process should only kick in if more than 20% of the required spaces are to be paid for by payment into the fund. 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) - a_ nd 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 parkin,- facilities." X: \Comm Items\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. 2. 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 funds 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 Items \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. 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. IL 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 Lluvia 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 rninimwn 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 Section204.4(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 $1000 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) to read "City Manager in accord with Section 20- 4.4(A)(2); of- 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 parkins facilities." Vote: 6 Ayes 0 Nays XACOMM ITEM S \2008 \6- 10- 08 \PB- MiN- 05 -27 -08 EXCERPT PARKING .DOC k. z �c p 0- 1 Z'D Z'L (ZD C� 'W.W, �'z zi ze.,C), .Za 10 '0 �w U�z 0 (D oz < I�w coo -o w <' < � FNx eoa<Wu E �X:> CD 2 w (3 0 Q 2, W, Z- CI'OX .<W Z. 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On 4Tuesday "July: 22, 2008, beginning at r 7:30, p m.; in the,City Commisswn r- Y Chambers 6130 Sunset Dnve; the City Comrnission wil(holdCPobltc Hearings to consider the followirig items x AN ORDINANCE RELATING TO'THE LAND- DEVELOPMENTCODE;'REMOVING' . FROM THE = DEVELOPMENT CODE SECTION:20 4.4(Gj.' ENTIfLEDy E ” ".JOINT USE SPACES VIA SPECIAL PAR KING.PERMIT ?BEMOVING FROM THE LAND DEVELOPMENT CODE SECTION'20-4.4(H) ENTITLED METRO ` LL RAIL' USAGE CONSIDERATION VIA SPECIAL` PARKING PERMIT";.AMENDING; Y SECTION 20-7.6 ENTITLED- "PARKING" IN ORDER TO M.ODLF-Y :REGULATIONS "; PERTAINING TO BONUSES -AND PARKING REDUCTIONS IN THE;'SR(HD OV)'t i SPECIALTY RETAIL. (HOMETOWN DISTRICT `OVERLAY) ZONING DISTRICT;' ' SECTION - 20 =8.10 `ENTITLED . "BONUS ALLOCATIONS IN; . ; . ORDER'To ELIMINATE- •PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT IN THE "TODD" TRANSIT ORIEN#WDEVELOPMEN . - DISTRICT ZONING DISTRICT. . j AN ORDINANCE CREATING • SECTION :. 47 ENTITLED _EMERGENCY., RESERVES FUND =0F ARTICLEV OF THE CITY S CODE OF ORDINANCES , r ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRES NO LESS THAN `_ r F { `10 ° /agOFiTHE "BUDGET TO BE "MAINTAINED AT ALL.TIMES BY THE CRY ASS -A�k c EMERGENCY RESERVES FUND TO BE USED SOLELY FOR CATASTROPHES � Na "� , R OTHER'llNSCHEDULED EMERGENCIES.' x ° `_ _ `",rr' te t � `Yx- AN ORDINANCEAM €NDINGTHE CffY OFSOUTH MIAMI LAND DEVELOPMENT' %� 1 CODE TO,,AMENDt. SECTION 20 3 fi(Q) ENT6fLED, SCREENING -0F EXTERIOR •x7 HEATING`'IENTILATlNG; AND-AIR :CONDITIONING EOUIPMENT;'IN ORDER-, TO SET•F.ORTH STANDARDS FOR CONTROLLING EXCESSIVE-NOISE LEVELS . " ASSOCIATED WITH -AIR CONDITIONING COMPRESSOR EQUIPMENT AND s J n n OTHER MECHANICAL EQllIPN1ENT �, :r # .,. AN.ORDINANCE •RELATING ,TO A REQUEST TO AMEND THE. LAND r, DEVELOPMENT 'CODE BY :REMOVING SECTION ,2D 510 4; ENTITLED j - -- "ADMINISTaA VE WAIVER-APPROVALS ", �Y "` ' 'f "* ` ;•�_ R ,AN ORDINANCEtAMENDING` SOUTH ":MIAMI LAND'l)EVELOPMENT CODFa ENTITLED "OFF-STREET PARKING_ REQUIREMENTS", IN ORDER. TO MODIFY THE PROVISIONS ALLOWING FOR ADJACENT ON STREET PARKING SPACES t' TO BE;'COUNTED'AS;REQUIRED PARKING ;'MODIFYING'THE,CONDITIONS ALLOWING FOR ON, STREET 'PARKING. SPACES- T,0 BE; CREDITED TO , :OTHER NEARBY.-PROPERTIES ;AND PROVIDING FOR AN ANNUAL:FEE T' BE ; ASSESSED FOR COUNTING ON- STREET SPACES AS REQUIRED; SPACES AN ORDINANCE AMENDING LAND` DEVELOPMENT CODE' SECTION 20 51:1(E) ENTITLED `SITf xPLA'N' `REVIEW `APPROVALS - GENERAL ` APPLICATION ,REQUIREMENTS''; >1N z ORDER :N1T03 'REQUIRE <THAT. =`< ARCHITECTURAL PLANS ;FOR ALL NEW CONSTRUCTION MUST' BE SIGNED -AND SEALED BYA FLORIDA REGISTERED .ARCHITECT. ,E Y AN ORDINANCE AMENDING THE SOUTW MIAMI CODE OF ORDINANCES : ti „BY AMENDING SECTION 15x99 ENTITLED CONTROLLED'PARKING I =` RESIDENTIALZONES ,TODESIGNATETHREEADDffIONAL {CONTROLLED. PARKING RESIDENTIAL ZONESr 0 you have any.inglnnes on the above items please contact the Planning and Zoning Departments office at 305 663:6326 ALL interested parties are invited to attend and will be tieard Marra M Menendez, CMC ^Y tT Ciiy Clerk Pursuant to Florida Statutes 286.010$, the City hereby'advises the putihc that:if a person decides to appeal any: decision -made by this Board, hencgor.Commissionwith ?aspect tb`any matt e.consi8ered at its `meeting.or,, hearing, he or she will need a record of the, proceedings; and that for such.puryose,.affa ed person may need,` to ensure that a verbatim recdtd of the proceedings Is made which record includes the.te`sstimapy aod- evidence; - . } ,� " uponFwhm4 Thepppeal is to 6e,based ,- V! m- _...xaiT .t'�E ,M1.. c'?t: ;s'' 'A. •'' .']=' '• '•i..w af.:'S.S `1t -f- :n ;i+ T':3h',(�r'R.'+iF:,�i- E;':4