10-07-08 Item 20South Miami
NI- Amefica CRY
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N••EO CITY OF SOUTH MIAMI 1111.
�c 1927oP OFFICE OF THE CITY MANAGER
o a� INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Ricardo Soto -Lopez MUP, Planning Director
Date: October 7 2008 ITEM No. O
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY
REMOVING SECTION 20- 3.4(B)(15) ENTITLED "PARKING STRUCTURE IN RO DISTRICTS "; AND
AMENDING SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDLUE" BY REMOVING
AUTOMOBILE PARKING STRUCTURE AS A SPECIAL USE IN THE RO, RESIDENTIAL OFFICE
ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) provides special regulations to guide construction of parking garages in the
Residential Office (RO) Zoning District if the parking provided is for a building being built in a Medium Density
Office District (MO) zoning district. In a recent communication to the Planning Department, Commissioner
Beckman requested that this section pertaining to parking garages in the RO zone district (Section (20- 3.4(B)(I5)
be removed from the Land Development Code. The Commissioner stated in a memo that:
"This section needs to be deleted for the following reasons: 1) there are no RO properties that abut MO properties in the City;
2) even if the above condition were to occur now or in the future, the parking structures in RO are inappropriate. "
LEGISLATIVE HISTORY
The Land Development Code Section on parking structures in RO zoning districts appears in the 1985 Code. It was
written to insure that a parking garage could be built as a "permitted use" in a RO zone provided that it serves a
main building located in a CO zone district (now called MO, Medium Density Office District). In 1991 . this section
of the Code was amended by Ordinance No. 25 -91 -1489) to change the category of this use from permitted to
"special use" (requires public hearings) in the RO zoning district. The amendment at that time also inserted an
additional restriction stating that a parking structure in an RO zone is not allowed if it abuts residential property.
Staff has reviewed the City's Official Zoning map and has determined that there are no existing RO districts which
abut an MO zoning district. The Commissioner point that a separate parking structure in the RO district would not
be compatible is correct since most RO districts abut low density residential zones. The reason behind the inclusion
of this section in the Land Development Code could not be determined from existing records. In that there are no
conditions under which this regulation would apply, it is agreed that this section should be removed.
The proposed amendment would be to delete Section 20- 3.4(B)(15) in its entirety from the LDC. A secondary
amendment within the same chapter would be to amend Section 20 -3.3 (D) "Permitted Use Schedule" to delete
automobile parking structure as a special use in the RO zone.
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PLANNING BOARD ACTION
The Planning Board at its September 15, 2008 meeting conducted a public hearing on the proposed amendments
and adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the proposed amendment as shown in attached draft ordinance be approved on first reading.
Attachments
Draft ordinance
LDC Sec. 20- 3.4(B)(15)
Planning Board Minutes Excerpt 9-15-08
Planning Department Staff Report 9 -75 -08
Public Notices
RSUSAY
X: \Comm ltems\2008 \10 -7 -08 \LDC Amend RO Parking CM Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY REMOVING SECTION 20- 3.4(B)(15) ENTITLED
"PARKING STRUCTURE IN RO DISTRICTS "; AND AMENDING SECTION 20 -3.3 (D)
ENTITLED "PERMITTED USE SCHEDLUE" BY REMOVING AUTOMOBILE
PARKING STRUCTURE AS A SPECIAL USE IN THE RO, RESIDENTIAL OFFICE
ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Land Development Code (LDC) Section (20- 3.4(B)(15) provides special
regulations to guide construction of parking garages in the Residential Office (RO) Zoning District
if the parking provided is for a building being built in a Medium Density Office District (MO)
zoning district; and
WHEREAS, a City Commissioner has requested that this section pertaining to parking
garages in the RO zone district be removed from the Land Development Code because there are no
RO properties that abut MO properties in the City and parking structures in RO Districts are
inappropriate; and
WHEREAS, the Planning Department concurred that there are no conditions under which this
regulation would apply therefore it is agreed that this section should be removed; and
WHEREAS, the Planning Department prepared a proposed ordinance deleting Section 20-
3.4(B)(15) in its entirety from the LDC and a secondary amendment which to Section 20 -3.3 (D)
"Permitted Use Schedule" in order to delete automobile parking structure as a special use in the RO
zone; and
. WHEREAS, the Planning Board at its September 15, 2008 meeting, after public hearing,
adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed amendments to the
Land Development be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 3.4(B)(15) entitled "Parking Structures in RO Districts" of the Land
Development Code is hereby removed and deleted in its entirety.
Section 2. That Section 20 -3.3 (D) "Permitted Use Schedule" is amended to delete automobile
parking structure as a special use in the RO zone as shown below.
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Automobile Parking structure 9 P P P 4=5
Section 2 All ordinances or parts of ordinances in confl -ict with the provisions of this ordinance are
hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2" d Reading —
day of , 2008
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm ltems\2008 \10- 7- 08 \LDC Amend Parking in RO Ord.doe
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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Automobile Parking structure 9 P P P 4=5
Section 2 All ordinances or parts of ordinances in confl -ict with the provisions of this ordinance are
hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2" d Reading —
day of , 2008
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm ltems\2008 \10- 7- 08 \LDC Amend Parking in RO Ord.doe
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
20 -3.4 SOUTH MIAMI LAND DEVELOPMENT CODE
(e) Dimensional requirements shall be approved by the city commission but in no
case shall they be less restrictive than requirements applicable to the MO
District.
(15) PARKING STRUCTURE IN RO DISTRICTS. Parking structures in RO Districts are
permitted provided that parking is not more than two levels on RO property where an
RO property abuts a MO property and where the RO. property is to be used solely to
provide off - street parking to serve a building or a portion of a building to be
constructed solely on the MO property, and when RO property will not abut residential
property subject to the following conditions:
(a) A unity of title linking the RO and MO properties shall be provided;
(b) No main building shall be constructed on the RO property;
(c) The square footage of the building(s) to be constructed on the MO property shall
not exceed what is permitted by the zoning regulations to be constructed on the
MO property;
(d) The finished floor elevation of the second level of parking shall be no higher than
four (4) feet six (6) inches above grade;
(e) The second parking level shall conform to all setback requirements of the RO
district except that it shall be permitted at five (5) foot interior side setback;
(f) The second parking level shall meet all the requirements of Section 20 -4.5,
Vehicular Use Area Landscaping, as if it were at grade parking, including, but not
limited to, required landscape islands;
(g) The ingress and egress to the RO property shall be solely from the MO property
and shall not be permitted from right -of- way(s) abutting the RO property and
shall not create adverse traffic conditions;
(h) The second parking level shall be designed, landscaped and screened from view,
to the maximum extent possible;
(i) The proposed plans shall be subject to complete review, approval, modification or
denial by the environmental review and preservation board pursuant to Section
20 -6(C) to ensure the preservation of the residential character of the RO property,
and the overall integrity of the development;
(j) A declaration of restrictive covenants providing for substantial compliance with
the architectural and landscaping plans offered as part of the application and
further providing for the perpetual maintenance of landscaping as shown on the
landscaping plan, shall be submitted as part of the application and review of the
city attorney and of the city commission. The declaration of restrictive covenants
shall be recorded in the Public Records of Dade County, at the owner's expense,
immediately following any approval of the application;
(k) A public hearing by the city commission shall be held to determine the overall
compatibility of the proposed use with the neighborhood. The application for a ;
Supp. No. 7 46
ZONING REGULATIONS 20 -3.4
special use permit, as provided herein, shall only be granted if the city commis-
sion affirmatively finds, in its discretion, that the application meets the criteria
(a) through 0) listed above and further affirmatively finds that the application
preserves and enhances, to the maximum extent possible, based upon the merits
of the landscaping and architectural plans submitted, the residential character of
the RO property as it relates to the surrounding neighborhood. In the making of
the above finding, the city commission may consider, among other evidence
presented, the testimony of affected neighboring property owners.
(16) ACCESSORY RETAIL AND SERVICE USES. Within any permitted principal building
in LO or MO districts, accessory retail or service uses may be permitted provided that:
(a) Such uses are located entirely within the principal building for the convenience
of the occupants of or visitors to the principal use;
(b) Such uses do not occupy more than ten (10) percent of the gross floor area of the
principal building in which located; and
(c) Such uses shall not have. any_ signs on. advertising visible from outside the
principal building.
(17) RESIDENTIAL USES WITHIN RESIDENTIAL OFFICE DISTRICTS. Within any
Residential Office "RO" district, single - family residential uses shall be permitted
subject to the dimensional requirements of the RS -4 Single- Family Residential
district.
(18) ACCESSORY MEDICAL SERVICES
(a) Facilities may be permitted only in conjunction with an approved hospital use
and located on hospital premises.
(b) Facilities may be provided in the form of a trailer unit which is periodically
located for a specified length of time as determined by the city commission on an
approved site and conforms to all applicable codes.
(c) Only one trailer unit may be permitted per each approved, specially permitted.
hospital use.
(d) Only those services that are not already provided by the hospital facility and
which is for the sole use of the hospital staff and patients may be permitted.
(e) No vehicular ingress nor egress shall be permitted along streets or rights -of -way
bordering residential zoning districts in the City of South Miami.
(f) The city commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications, including but not limited
to, traffic circulation, landscaping, facility placement, access and facility arrange-
ment for this special use permit.
(19) SMALL RESTAURANT
(a) Small restaurants must be located within two hundred (200) linear feet of a
municipal parking lot.
Supp. No. 7 47
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All-America City
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• INCORPORATED •
1927
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2001
To: Honorable Chair and Date: August 12, 2008
Planning Board Members
From: Ricardo Soto - Lopez, MUPZiAZ-"� Re: LDC Amendment — Parking
Planning Director Garage in RO Removal Sec. 20 -5.10
PB -08 -023
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT
CODE BY REMOVING SECTION 20- 3.4(B)(15) ENTITLED "PARKING STRUCTURE IN RO
DISTRICTS "; AND AMENDING SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE
SCHEDLUE" BY REMOVING AUTOMOBILE PARKING STRUCTURE AS A SPECIAL USE
IN THE RO, RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) provides special regulations to guide construction of parking
garages in the Residential Office (RO) Zoning District if the parking provided is for a building being
built in a Medium Density Office District (MO) zoning district.
Commissioner Beckman has requested the Board to consider removing this section (20- 3.4(B)(15) from
the Land Development Code. The Commissioner stated in a memo to this office that:
"This section needs to be deleted for the following reasons: 1) there are no RO properties that abut MO properties
in the City; 2) even if the above condition were to occur now or in the future, the parking structures in RO are
inappropriate. "
LEGISLATIVE HISTORY
The Land Development Code Section on parking structures in RO zoning districts appears in the 1985
Code. It was written to insure that a parking garage could be built as a "permitted use" in a RO zone
provided that it serves a main building located in a CO zone district (now called MO, Medium Density
Office District). In 1991 this section of the Code was amended by Ordinance No. 25 -91 -1489) to change
the category of this use from permitted to "special use" (requires public hearings) in the RO zoning
district. The amendment at that time also inserted an additional restriction stating that a parking structure
in an RO zone is not allowed if it abuts residential property.
Staff has reviewed the City's Official Zoning map and has determined that there are no existing RO
districts which abut an MO zoning district. The Commissioner makes a good point that a separate
parking structure in the RO district would not be compatible, since most RO districts abut low density
residential zones. The reason behind the inclusion of this section in the Land Development Code could
not be determined from existing records. In that there are no conditions under which this regulation
would apply, it is agreed that this section should be removed.
LDC Amendment
August, 2008
Page 2 of 2
PROPOSED AMENDMENTS
(a) The proposed amendment would be to delete Section 20- 3.4(B)(15) in its entirety from the LDC.
(b) A secondary amendment within the same chapter would be to amend Section 20 -3.3 (D) "Permitted
Use Schedule" to delete automobile parking structure as a special use in the RO zone.
n,......,. :�s-A IT—
12TTQ11%J i CC AND PRnFFCCTnNAT. CFRVICESS
L V AJi1 �
Automobile Parking structure P P P 441
RECOMMENDATION
It is recommended that the proposed amendment to delete Section 20- 3.4(B)(15) and amend
Section 20 -3.3 (D) be approved.
Attachments:
LDC Sec. 20- 3.4(B)(15)
RSL /SAY
XAPB \PB Agendas Staff Reports\2008 Agendas Staff Reports \8- 12- 08 \PB -08 -023 LDC Amend RO Parking.doc
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12TTQ11%J i CC AND PRnFFCCTnNAT. CFRVICESS
L V AJi1 �
Automobile Parking structure P P P 441
RECOMMENDATION
It is recommended that the proposed amendment to delete Section 20- 3.4(B)(15) and amend
Section 20 -3.3 (D) be approved.
Attachments:
LDC Sec. 20- 3.4(B)(15)
RSL /SAY
XAPB \PB Agendas Staff Reports\2008 Agendas Staff Reports \8- 12- 08 \PB -08 -023 LDC Amend RO Parking.doc
aSUUT��
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• INCORPORATED •
1927
0 10
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Monday, September 15, 2008
City Commission Chambers
7:30 P.M.
Draft
-EX C —ERPT - - -
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:48P.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. Farfan, Mr. Cruz, arid Ms. Chao]. Absent: Mr. Comendeiro and Ms.
Young.
City staff present: Ricardo Soto - Lopez, (Planning Director), and Sanford A. Youkilis (Consultant),
and Lluvia Resendiz (Zoning Tech).
III. Planning Board Applications /Public Hearing
PB -08 -023
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY REMOVING SECTION 20- 3.4(B)(15) ENTITLED
"PARKING STRUCTURE IN RO DISTRICTS "; AND AMENDING SECTION 20 -3.3 (D)
ENTITLED "PERMITTED USE SCHEDLUE" BY REMOVING AUTOMOBILE
PARKING STRUCTURE AS A SPECIAL USE IN THE RO, RESIDENTIAL OFFICE
ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Mr. Morton read the item into the record.
Action: Mr. Youkilis advised that the text amendment was a request from Commissioner :Beckman
to consider removing Section 20- 3.4(B)(l5) from the Land Development Code. This section was
written to insure that a parking garage could be built as a "permitted use" in a RO district provided
that it serves a main building located in a CO zone district (now called MO, Medium Density
Office :District). In 1991 this section of the Code was amended by Ordinance No. 25 -91 -1489) to
change the category of this use from permitted to "special use" (requires public hearings) in the RO
zoning district. The amendment at that time also inserted an additional restriction stating that a
parking structure in an RO zone is not allowed if it abuts residential property.
Staff has reviewed the City's Official Zoning map and found that there are no existing RO districts
abutting'an MO district. Commissioner Beckman makes a good point that a separate parking
Planning Board Meeting
September 15, 2008
Page 2 of 7
structure in the RO district would not be compatible since most RO districts abut low density
residential zones. In that there are no conditions under which this regulation would apply, it is
agreed that this section should be removed. Staff recommended approval to delete Section 20-
3.4(B)(15) and amend Section 20- 3.3(D) "Permitted Use Schedule" to delete automobile parking
structure as a special use in the RO district.
Chairman Morton opened the Public Hearing.
Name Address Position
Claudia Harry 5752 SW 77 Terrace Oppose
Ms. Harry stated that she finds no reason for removing the section from the LDC. By removing it
the City will only create more problems. She foresees that if the ordinance is removed Dr.
Quintero will remove the rear fence from the adjacent property and replace it with a garage door.
She also foresees that the surrounding properties will do the same and turn a house into a garage.
Ms. Harry expressed doubts that the Commissioners can convince her that this will not happen,
therefore she stated to be against the text amendment.
Chairman Morton closed the Public Hearing.
Mr. Morton requested clarification as to whether or not the proposed amendment will remove the
special use as a permitted use in its entirety. Mr. Youkilis responded in the affirmative stating that
the special use will also be removed from the permitted use schedule. This is only applicable for
an RO property if it abuts an MO.
Motion: Ms. Yates moved to approve the text amendment as recommended by staff. Mr. Farfan
seconded.
Vote: 5 Ayes 0 Nay
XAComm Items\2008 \10- 7- 08 \PB- Min- 09 -15 -08 Parking in ROTB- Min- 09- 15- 08.doc