10-07-08 Item 21South Miami
;I- AmedcaC i
CITY OF SOUTH MIAMI I I®
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: Ricardo Soto -Lopez MUP, Planning Director
Date: October 7, 2008 ITEM No.
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
MODIFYING THE PROVISIONS OF SECTION 20- 4.4(I) ENTITLED "VALET PARKING VIA
SPECIAL PARKING PERMIT "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) contains Section. 20- 4.4(I) "Valet Parking via Special Parking Permits"
which permits retail establishments, hotels, offices, restaurants and nightclubs to request that up to 50% of its
required off - street parking to be satisfied by use of valet parking. If approved by the City Commission (4/5 vote) a
business may reduce its on -site required parking by parking cars in a private lot or_garage or parking cars on street.
Recently City Commissioner Beckman submitted a statement to the Planning Department requesting consideration
of an amendment to the LDC to eliminate the portion of this section which allows for required parking to be
reduced if a valet parking system is implemented. The Commissioner felt that the reduction in parking is too high
and that the City has difficulty policing the valet parking system service. The proposal does not eliminate a business
from providing a.valet parking service, only the provision that allows for a reduction in the required off - street
parking.
LEGISLATIVE HISTORY
The specific regulation allowing up to 50% of required parking to be satisfied by valet parking was part of an
overall program of parking reductions and bonuses adopted on November 1, 1994 by Ordinance 17 -94 -1567
(attached). Most of these provisions (including Joint Use, Metro -Rail Usage) were under moratorium for several
years and only last month were permanently removed by ordinance from the Land Development Code.
STAFF OBSERVATION
The Planning Department has no problem with the proposed removal of reduced parking requirements based on
providing valet parking. Commissioner Beckman is correct that it is very difficult for the City to consistently
monitor a business to make sure that the valet parking service is provided. In addition, the City recently adopted a
major amendment to the Land Development Code which will allow for required parking space reductions for mixed
use development and for payment into a special fund in lieu of providing required parking. These provisions
provide a better system for keeping tract of parking reductions.
The current proposal (see attached draft ordinance) makes minor technical amendments to Section 20- 4.4(I)
"Valet Parking via Special Parking Permits " including the elimination of the 50% parking reduction provision.
2
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 4 ayes 1 nay (Ms. Chael) 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
Communication from Comm. Beckman, 6 -19 -08
Planning Board Meeting Excerpt 9 -15 -08
Planning Department Staff Report 9 -15 -08
Ord. No. 17 -94 -1597
LDC Sec. 20- 4.4(1)
LDC Sec. 20- 4.4(M)
RSUSAY
X: \Comm Items\2008 \10 -7 -08 \LDC Amend Valet Parking CM Report.doe
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND
5 DEVELOPMENT CODE BY MODIFYING THE PROVISIONS OF SECTION 20- 4.4(1)
6 ENTITLED "VALET PARKING VIA SPECIAL PARKING PERMIT "; PROVIDING FOR
7 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
8 AN EFFECTIVE DATE.
9
10 WHEREAS, The Land Development Code (LDC) contains Section. 20- 4.4(1) "Valet Parking
11 via Special Parking Permits" which permits retail establishments, hotels, offices, restaurants and
12 nightclubs to request that up to 50% of its required off - street parking to be satisfied by use of valet
13 parking; and
14
15 WHEREAS, a City Commissioner has expressed concern that the n percentage reduction in
16 parking is too high and that the it is difficult for the City to consistently monitor a business to make
17 sure that the valet parking service is provided; and
18
19 WHEREAS, the Planning Department has determined that recently adopted major
20 amendments to the Land Development Code will allow for required parking space reductions for
21 mixed use development and for payment into a special fund in lieu of providing required parking.
22 will provide a better system for keeping tract of parking reductions; and
23
24 WHEREAS, the Planning Department was requested to consider an amendment to LDC
25 Section. 20- 4.4(I) "Valet Parking via Special Parking Permits in order to eliminate the provision
26 which allows for required parking to be reduced if a valet parking system is implemented and to
27 make additional corrective amendments.; and
28
29 WHEREAS, the Planning Board at its September 15, 2008 meeting, after public hearing,
30 adopted a motion by a vote of 4 ayes 1 nay recommending that the proposed amendment to the
31 Land Development be approved; and
32
33 WHEREAS, the City Commission desires to accept the recommendation of the Planning
34 Board and enact the aforesaid amendment.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. That Land Development Code Section. 20- 4.4(I) "Valet Parking via Special Parking
40 Permits " is hereby amended to read as follows:
41
42 Section. 20- 4.4(I)
43
44 (1) Valet Parking
45 , restaurant-- t"4ishffleflts
46 shall be allowed
47 , pursuant to the following conditions:
48
49 (1) A T=4o valet parking operation that makes use of public property shall comply
50 with Section 204.40) (M), as amended from time to time, of the South Miami
51 Land Development Code, entitled "Valet Parking Permits for use of Public
52 Property ".
53
54
55
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2
as the, "Se approw"
r- val@t PFA-.i"g shall be, P ...G @ff site PM4
to
spaces provid
(2) Valet parking spaces that do not comply with all provisions of the Section 20-
4.4 of the City's Land Development shall not be counted toward the parkin
requirement for any use.
(3) Valet parking, as previd@d in 2-0-0 1. , shall not make use of off -site
parking located adjacent to residential property and /or RO zoned property; aI
(4) In no case shall vehicle stacking or double parking be permitted on public rights -
of -way or public streets.
Section 2 All ordinances or parts of ordinances in conflict 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:
day of , 2008
APPROVED:
CITY CLERK MAYOR
1St Reading -
2 "d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items\2008 \10- 7- 08\LDC Amend Valet parking Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Monday, September 15, 2008
City Commission Chambers
7:30 P.M.
Draft
E�C-E -R�T
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, and Ms. Chael. 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 -024
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 MODIFYING THE PROVISIONS OF SECTION 20- 4.4(1)
ENTITLED "VALET PARKING VIA SPECIAL PARKING PERMIT "; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
Mr. Farfan read the item into the record.
Action: Mr. Youkilis advised that Section. 20- 4.4(I) "Valet Parking via Special Parking Permits "
Land Development Code (LDC) permits retail establishments, hotels, offices, restaurants and
nightclubs to request that up to 50% of its required off - street parking to be satisfied by use of valet
parking. If approved by the City Commission (4/5 vote) a business may reduce its on -site required
parking by parking cars in a private lot or garage or parking cars on street. Recently City
Commissioner Beckman submitted a statement to the Planning Department requesting
consideration to eliminate the portion of this section which allows for required parking to be
reduced if a valet parking system is implemented. The Commissioner felt that the reduction in
parking is too high and that the City has difficulty policing the valet parking system service. His
proposal does not eliminate a business from providing a valet parking service, only the provision
that allows for a reduction in the required off - street parking. Mr. Youkilis advised that it is very
Planning Board Meeting
September 15, 2008
Page 2 of 2
difficult for the City to consistently monitor a business to make sure that the valet parking service
is provided. In addition, the City recently adopted a major amendment to the Land Development
Code which will allow for required parking space reductions for mixed use development and for
payment into a special fund in lieu of providing required parking. These provisions provide
a better system for keeping tract of parking reductions therefore, it was recommended by
staff that the proposed amendment to Section 20- 4.4(I) be approved.
Mr. Morton recommended inserting a distance requirement in order to provide a buffer. Mr.
Youkilis replied that there will be no need for a buffer because valet parking is not allowed
adjacent to residential districts.
Ms. Chael stated she does not believe that there should be an objection to valet parking. She then
questioned if the City receives revenue from the parking fees. The parking fund does not guarantee
a physical space but valet parking not only guarantees a physical space but its supply is very
efficient in satisfying the physical need in this free market system. She would be afraid of valet
parking only if the City did not benefit. Ms. Chael believed that the form in which the current
ordinance is in place works well and therefore should not be amended. Mr. Youkilis corrected a
previous statement; he noted that the City does receive revenue from valet parking by renting
meters to the individuals with a valet parking occupational license. Mr. Youkilis further added that
this amendment is only removing 50% reduction of the required parking if the applicant states that
there will be parking.
Mr. Cruz questioned why valet parking was considered a grandfathered use. He also stated that
part of the problem with valet parking was that there was no exact location of where the vehicles
will be parked. Mr. Youkilis replied that an occupational license must be issued prior to the text
amendment being adopted in order to be considered a grandfathered use. Mr. Youkilis also advised
that when an occupational license is applied for the applicant must indicate where the vehicles will
be parked.
Ms. Yates questioned if there was language in the LDC indicating the amount of metered parking
spaces that could be allotted to public parking and to valet parking. She questioned if the City
maintained a log indicating the availability of public parking spaces. Mr. Youkilis replied that there
was no guideline for the amount of required public spaces. He also stated that the amount of
metered spaces that are rented to an applicant was left to the discretion of the City's Parking
Manager. In response to whether or not the City maintained a log indicating the availability of
public spaces, Mr. Youkilis responded in the affirmative.
Mr. Cruz stated that the purpose of the City's municipal garage was to provide for additional
parking. However it seems as if the municipal garage is being used for private use such as valet
parking. He stated that the entire fourth floor on the City's garage is dedicated to valet. Mr. Cruz
finds no need for valet parking when considering the amount of time it takes (30 minutes) for
someone to get their car from the valet lot.
Motion: Ms. Yates moved to approve the text amendment to Section 20- 4.4(I) of the LDC as
recommended by staff. Mr. Cruz seconded.
Vote: 4 Ayes 1 Nay (Ms. Chael)
XAComm Items\2008 \10- 7- 08 \PB- Min- 09 -15 -08 Excerpt Valet.doc
South Miami
IPWArd
All- America City
1
2001
To: Honorable Chair and Date: August 12, 2008
Planning Board Members
From: Ricardo Soto - Lopez, MUP td-/!/ Re: LDC Amendment —Valet Parking
Planning Director Sec. 20- 4.4(I)
PB -08 -024
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 MODIFYING THE PROVISIONS OF SECTION 20- 4.4(I) ENTITLED "VALET
PARKING VIA SPECIAL PARKING PERMIT "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) contains Section. 20- 4.4(I) "Valet Parking via Special Parking
Permits" which permits retail establishments, hotels, offices, restaurants and nightclubs to request that
up to 50% of its required off - street parking to be satisfied by use of valet parking. If approved by the
City Commission (4/5 vote) a business may reduce its on -site required parking by parking cars in a
private lot or garage or parking cars on street.
Recently City Commissioner Beckman submitted a statement to the Planning Department requesting
consideration of an amendment to the LDC to eliminate the portion of this section which allows for
required parking to be reduced if a valet parking system is implemented. The Commissioner feels that
the reduction in parking is too high and that the City has difficulty policing the valet parking system
service. His proposal does not eliminate a business from providing a valet parking service, only the
provision that allows for a reduction in the required off - street parking.
PROPOSED AMENDMENT
(I) Valet Parking
shall be allowed
pursuant to the following conditions:
(1) A The valet parking operation that makes use of public property shall comply with
Section 204.40) (M , as amended from time to time, of the South Miami Land
Development Code, entitled "Valet Parking Permits for use of Public Property ";
(2)
(2) Valet parking spaces that do not comply with all provisions of the Section 20 -4.4 of
the City's Land Development shall not be counted toward the parking requirement
(2) Valet parking spaces that do not comply with all provisions of the Section 20 -4.4 of
the City's Land Development shall not be counted toward the parking requirement
LDC Amendment
August, 2008
Page 2 of 2
for any use.
(3) Valet parking, , shall not make use of off -site parking
located adjacent to residential property and /or RO zoned property;
(4) In no case shall vehicle stacking or double parking be permitted on public rights -
of -way or public streets. to supply the roquired par-king SpRoes &r- the Vale,
STAFF OBSERVATIONS
The Planning Department has no problem with the proposed removal of the reduced parking requirement
based on providing valet parking. Commissioner Beckman is correct that it is very difficult for the City
to consistently monitor a business to make sure that the valet parking service is provided. In addition, the
City recently adopted a major amendment to the Land Development Code which will allow for required
parking space reductions for mixed use development and for payment into a special fund in lieu of
providing required parking. These provisions provide a better system for keeping tract of parking
reductions.
RECOMMENDATION
It is recommended that the proposed amendment to Section 20- 4.4(I) as shown above be approved.
Attachments:
Communication from Comm. Beckman, 6 -19 -08
LDC Sec. 20- 4.4(I)
LDC Sec. 20- 4.4(M)
RSUSAY
X: \PB \PB Agendas StaffReports\2008 Agendas Staff Reports \8- 12- 08\PB -08 -024 LDC Amend Valet parking.doc
ORDINANCE NO. 17 -94 -1567
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING § 20 -4.4 (F) OF THE
LAND DEVELOPMENT CODE TO INCREASE DISTANCES FROM OFF -
SITE PARKING TO USES SERVED, TO PERMIT OFF -SITE PARKING IN
RM AND RO DISTRICTS, AND TO REMOVE THE REQUIREMENT FOR
LEASE AGREEMENTS; REPLACING § 20 -4.4 (G) JOINT USE SPACES;
AMENDING § 20 -4.4 (H) TO INCREASE THE � DISTANCE FROM
METRORAIL STATION TO USES SERVED; CREATING A NEW § 20 -4.4
(I) TO PROVIDE VALET PARKING FOR HOTELS, HOSPITALS,
OFFICES, RESTAURANTS AND NIGHTCLUBS; CREATING A NEW §
20 -4.4 (J) TO PROVIDE PROCEDURES REGARDING THE APPROVAL
OF SHARED PARKING, VALET PARKING AND REDUCED PARKING
IN PROXIMITY TO METRORAIL STATION; AMENDING THE
NUMBERING OF SUBSEQUENT SUB- SECTIONS; AMENDING SECTION
20 -5.2 TO ADD A NEW SUBSECTION (14); PROVIDING FOR
RECOMMENDATIONS FROM THE PLANNING BOARD CONCERNING
APPROPRIATE - DISTANCE- LIMITATIONS AND NIGHTCLUB AND
RESTAURANT SEATING THRESHOLD(S); PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami adopted a Land Development Code on October
25, 1989, via Ordinance No. 19 -89 -1441, including provisions for off -site parking under §
20 -4.4, and more specifically, Location and Ownership of Spaces under § 20 -4.4 (F), Joint
Use Spaces under § 20 -4.4 (G), and MetroRail Usage Considerations under § 20 -4.4 (H);
and,
WHEREAS, upon review of these regulations, Administration finds that § 20 -4.4 does
not adequately address location and ownership of spaces, joint use spaces, MetroRail usage
considerations, valet parking and special parking procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Off-Sim Parting Ordinance PW N 1
SECTION 1. That Section 20 -4.4 (F)(2) be, and hereby is, amended as follows:
(F) Location and Ownership of Spaces
(1) All off - street parking spaces shall be located on the same lot with the structure or use
served, except as may be permitted below.
(2) Spaces Located Off -Site
(a) Off -site parking spaces shall not be permitted in R&,- -R-T, RM, and RO, LO.
MO, NR, SR, GR, I, H, PR and PI districts with provision that if off - street
parkin i, s adjacent to residential zoned properties and /or RO zoned properties,.
Wecial use process would be applicable for approval.
(b) WheFe -dwFe -is. an- 4neFease- in- 4he- nunibeF -of -spacers- pfevide"ollec4iveel)F--OF
used- jointly -by- two- {�3 mer�ase� oF- e�tablislent [R]equired off - street
parking spaces may be located and maintained up to 600 feet from a residential
or institutional use served and up to 1.000 feet three- lmndr- ed�-300) -feet from
an non - institutional and non- residential use served _ and- up- to- ftve- hundFed
t= ano ofiF - w-fi -an --n}st o -ttse se -
(c) Off -site parking spaces shall be on land either held in common ownership with
the lot on which the principal use will exist under a unity of title insuring that
the required parking will be provided or held - under -a- lease - with -*-r -e raining
teFi--o €- twenty- (2-0)- yeaFs- op -mor,e - tnWep- whit- h4ho-4essee- is- the-ownef-- of4he
let on- wbic -h- the - principal - -use -mill- exist-- 4n- eeithep -case; as a condition of the
issuance of the building permit for the principal use, the owner of the off -site
parking shall record a covenant in form and substance satisfactory to the City
Attorney and City Commission providing record notice of the commitment of
that land to parking purposes for the principal use. If at any time such off -site
parking ceases to be under the same ownership or control as the principal use
or ceases to be used for parking for the principal use, Certificate of Use n
Occupancy for the principal use shall be subject to revocation by the City
ana er Commission, after notice and hearing.
SECTION 2. That Section 20 -4.4 (G) be, and hereby is, replaced in its entirety as follows:
(G) Joint Use Spaces via Special Parking Permit
Two or more uses may be permitted to share the same required off - street parking spaces in a
common parking facility, according to the following table:
Off -site Psdong Ordinance Page N 2
WEEKDAYS WEEKENDS
USES
6 AM
thru
6 PM
6 PM
thru
6 AM
6 AM
thru
6 PM
6 PM
thru
12 AM
12 AM
thru
6 AM
OFFICE OR BANK
100%
5%
10%
5%
5%
RETAIL
60%
20%
60%
60%
5%
HOTEL
50%
60%
60%
100%
75%
RESTAURANT
50%
75%
75%
90%
10%
THEATER
10%
70%
60%
90%
10%
NIGHTCLUB
5%
50%
5%
100%
90%
APARTMENT OR TOWNHOUSE _.
.- .10 %__..
__100 %
-75% -
100%
100%
OTHER USES --
10 -0 0
100% -
loo-o.—
100%
100%
Method of Calculation
Step 1 • For each of the five time periods, multiply the minimum number of parking
spaces required by Section 20-4.4 (B) Space Requirements
Step 2 • Add the results of each column The required number of parking spaces shall
equal the highest column total.
SECTION 3. That Section 20 -4.4 (H) be, and hereby is, amended as follows:
(H) MetroRail Usage Considerations via Special Parking Permit
When all or a portion of a proposed structure or use is to be located within 1.500 feet five
hundred -(300) -feet of the South Miami MetroRail Station, as measured from property line to
property line, four (4) affirmative votes of the City Commission may reduce the number of
required off - street parking spaces for such use by up to fifty (50) percent, depending upon the
nature and type of use and its potential user relationship to rapid transit facilities, as provided
for under § 20 -4.4 (J).
Off -site Pax16ng Ordinmce Page M 3
SECTION 4. That Section 20 -4.4 (I) be, and hereby is, created as follows:
0 Valet Parkin vg is Special Parking Permit
Up to 50% of the required parking
for hotels, hospitals, offices,
and nightclubs. restaurants
or retail establishments may
be satisfied through the provision of
valet parking spaces
via
special parking permit approved by
affirmative vote of the City Commission The number of
required parking spaces that
are not
provided on the same proper
as the use approved
for
valet parking shall be provided
via
the off -site parking provisions
in Section 20 -4.4 (F)(2),
or
the City Commission may approve
the use of on- street narking spaces
to provide for a
portion
of or all of the required parking spaces.
Valet narking, as provided in Section 20-4.4 (I) shall not make use of off -site parking
located adjacent to residential properly and/or RO zoned proper after 7.00 P.M.
In no case shall vehicle stacking or double parking be permitted on public rights -of -way or
public streets to supply the required parking spaces for the valet special parking permit
SECTION 5. That Section 20 -4.4 (n be, and hereby -is, created as-follows:
Procedures for Special Parking Permit
Special Parking Permits may be approved, disapproved or approved with conditions by the
affirmative vote of four members of the City Commission. Special Parking Permit
procedures shall follow those procedures established for Special Use Permits as set forth in
Section 20 -5.8, § (B),(C),(D),(E) &(F) and shall follow those procedures for Public Hearings
set forth in general in Sections 20 -5.1, 20 -5.2, 20 -5.3, 20 -5.4, 20-5.5 and 20 -5.6.
SECTION 6. Section 20 -5.2 of the Land Development Code is amended to add,
(14) Off -site Parking
SECTION 7. The Planning Board is requested to recommend appropriate distance limitations
and nightclub and restaurant seating threshold(s) for the proposed ordinance as
it relates to valet parking.
SECTION 8. 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.
Off -aloe Pu1®g Ordinance Page / 4
SECTION 9. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance. are hereby repealed.
SECTION 10. This ordinance shall take effect immediately at.the tin
pdof iXpassage.
PASSED AND ADOPTED THIS 1st DAY OF NO/VEMAR', 1994.
ATTEST:
Ro, mart' J-Wasourif
City Clerk
READ AND APPROVED AS TO FORM:
Earl G. Gallop
City Attorney
Neil C
Mayor
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cAreports\off-site.ord
Off-site Pairing Win= Page # 5
ZONING REGULATIONS
20 -4.4
Uses
Weekdays
Weekends
6 a.m.
6 p.m.
6 a.m.
6 p.m.
12 a.m.
through
through
through
through
through
6 p.m.
6 a.m.
6 p.m.
12 a.m.
6 a.m.
Office or
100%
5%
10%
5%
5%
Bank
Retail
60%
20 %
60%
60%
5%
Hotel
50%
60%
60%
100%
75%
Restaurant
50%
75%
75%
90%
10%
Theater
10%
70%
60%
90%
10%
Nightclub
5%
50%
5%
100%
90%
Apartment or
10%
100%
75%
100%
100%
Townhouse
Other Uses
100%
100%
100%
100%
100%
Method of Calculation:
Step 1. For each of the five (5) time periods, multiply the minimum number of parking
spaces required by Section 20- 4.4(B), Space Requirements.
Step. 2. Add the results of each column. The required number of parking spaces shall
equal the highest column total.
Note Ord. No. 18 -06 -1886, § 3, adopted Aug. 1, 2006, amended subsection (G) above,
providing for a suspension of said provisions pertaining to joint use spaces via special parking
permit within the boundaries of Hometown District for a period of nine months.
(H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a
proposed structure or use is to be located within one thousand five hundred (1,500) feet of the
South Miami MetroRail Station, as measured from property line to property line, four (4)
affirmative votes of the city commission may reduce the number of required off - street parking
spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and
its potential user relationship to rapid transit facilities, as provided for under Section
20- 4.4(J).
Note Ord. No. 18 -06 -1886, § 3, adopted Aug. 1, 2006, amended subsection (H) above,
providing for a suspension of said provisions pertaining to MetroRail usage considerations via
special parking permit in future developments for a period of nine (9) months.
X (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking
for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be
satisfied through the provision of valet parking spaces via special parking permit approved by
four affirmative votes of the city commission, pursuant to the following conditions:
(1) The valet parking operation shall comply with Section 20- 4.4(L), as amended from
time to time, of the South Miami Land Development Code, entitled "Valet Parking"
[The remaining paragraphs are numbered and reordered.]
Supp. No. 11 95
20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE
(2) The number of required parking spaces that are not provided on the same property as
the use approved for valet parking shall be provided via the off -site parking provision
in Section 20- 4.4(F)(2), or the City Commission may approve the use of on- street
parking spaces to provide for a portion of or all of the required parking spaces.
(3) Valet parking, as provided in Section 20- 4.4(I), shall not make use of off -site parking
located adjacent to residential property and/or RO zoned property after 7:00 p.m.
(4) In no case shall vehicle stacking or double parking be permitted on public rights -of-
way or public streets to supply the required parking spaces for the valet special
Parking permit.
(Ord. No. 9 -99- 1683,,§ 4, 5 -4 -99)
(J) Interim Parking Permit. In SR, MO and TODD zoning districts, due to the limited land
available for parking, Interim parking may be permitted by four (4) affirmative votes of the
o
city commission, subject to the following criteria:
(1) A site plan demonstrating all physical aspects of the operation must be submitted and
approved by the City.
(2) Permits for each lot may be issued for interim parking on private or public property for
a period not to exceed six (6) months and may be renewed every six (6) months.
(3) A permit fee of two hundred fifty dollars ($250.00) shall be required in addition to the
special use application fee.
(4) The lot shall be restored to its original condition, by the permittee, upon the expiration,
or cancellation, of the Interim Parking permit.
(5) Access to the parking lot shall be secured when the lot is not in use.
(6) Interim parking lots are not required to comply with the South Miami Land
Development Code requirements related to parking lot landscaping, paving, or
drainage; however, they shall:
i. Provide safe access to and from the site without damage to existing sidewalks or
curbs through an improved, safe driveway access.
ii. Secure any damaged area in such a fashion that will prevent pedestrian or
vehicular access to such area and shall be repaired within two (2) weeks of the
occurrence of the damage.
iii. Provide a ten -foot wide level surface area along those portions of the property
which abut a public right -of -way, where sidewalks are not available, to accom-
modate the safe and .unobstructed passage of pedestrians. The City may allow. a
reduction in the width if the City determines that safety concerns are otherwise
met.
iv. Provide a parking lot surface that is level and suitable for the quantity and
frequency of traffic expected to use it, free of tripping hazards and without
potential safety hazards.
Supp. No. 11 96
OTHER REGULATIONS 20 -4.4
(M) Valet Parking Permits for Use of Public Property.
(1) Separate Permit Required. The City of South Miami shall issue valet parking permits
to valet operators who conduct their operations on public property and who meet the
requirements of this .section. No valet parking shall occur on public property without
the operator securing a valet parking permit from the City. A separate permit is
required for each ramp location where valet parking services are provided. Valet
parking permits shall only be issued to operators who are licensed by the City of South
Miami pursuant to this Chapter.
(2) Permits.
(a) Requirements. No Valet Parking permit shall be issued without the proof of the
following:
i. Approval from the City's Risk Manager indicating that the valet parking
operation has met the following insurance requirements:
1. Commercial general liability or damage liability insurance in the
amount of $1,000,000.00 per occurrence, and in the aggregate, and per
location covering bodily injury and property damage resulting from the
valet operators' activities connected with the handling of vehicles on
public. property. This policy must name the city as an additional
insured and provide that the policy provides primary coverage.
2. Garage keepers legal liability insurance to provide collision and
comprehensive coverage for vehicles under control of the valet parking
operation with minimum limits of $300,000.00 per location with a
maximum Self Insured Retention (SIR) or deductible of $1,000.00.
3. All required insurance policies are to be issued by companies rated A or
better per Best's Rating Guide, and rated FPR 6 or better per Best's
Vulnerable FPR Rating Scale, applying the latest edition. The policies
must provide the City with thirty (30) days written notice of cancella-
tion.
4. Valet operators must submit a certificate of insurance and a certified
copy of their policies to the City's Risk Manager for determination that
the insurance requirements of this Ordinance have been met prior to
the issuance of a permit and upon request by the Risk Manager.
5. Each valet operator applying for a permit for use of public property
shall execute an agreement approved by the City Attorney providing
that the valet parking operator shall indemnify, hold harmless and
defend the City and its officers, agents and employees against and
assume all liability for any and all claims, suits, actions, damages,
liabilities, expenditures, or causes of actions of any kind arising from
its use of the public streets or public parking places for the purpose
authorized in this Section and resulting or accruing from any alleged
negligence, act, omission or error of the valet parking operation, its
Supp. No. 5 96.5
20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE
agents or employees and/or arising from the failure of the valet
operation, its agents or employees to comply with each and every
requirement of this section or with any other city or county ordinance
or State or Federal law or regulation applicable to the valet parking
operation resulting in or relating to bodily injury, loss of life or limb or
damage to property sustained by any person, firm, corporation or other
business entity.
ii. If incorporated, the valet operator shall provide a copy of a certified
certificate of good standing.
iii. Notarized written authorization on company letterhead from the owners/
operators of the City - licensed commercial establishments for which the valet
operator is providing parking services.
iv. Valid occupational license. _
V. Identification of the location of vehicle storage space, and proof in the form
of an executed lease or rental agreement or notarized letter of authorization,
from the owner of the property, which shall include the number of spaces
authorized for use by the valet operator, and term of the lease for storage
space sufficient to service the establishment for which the permit will be
issued. The storage space obtained will be reviewed for sufficiency by the
City.
(b) Term and Renewal.
i. The term of each permit shall be for one year.
ii. Renewal shall be on an annual basis and shall only be granted after
approval from the City of South Miami.
(c) Cancellation and Revocation. The City shall cancel and revoke the permit if the
valet operator no longer services the commercial establishment that authorized
its operation at that location. This cancellation and revocation may be effective
whether:
i. The valet operator voluntarily discontinues service to the establishment;
ii. The establishment cancels and revokes authorization for the valet operator
to service the location;
iii. The City cancels and revokes authorization for the valet operator to service
the location. Cancellation and revocation of the valet permit by the City
under any of the above scenarios shall be effective immediately upon service
of the notice of cancellation. Under subparagraph "c" above, the City shall
inform in writing the commercial establishment being serviced by the valet
ti
Supp. No. 5 96.6
OTHER REGULATIONS 20 -4.4
operator of the cancellation and revocation. Service of the notice of cancel-
lation and revocation shall be by hand delivery or certified mail, return
receipt requested.
(3) Rental and Operation of Municipal Parking Spaces
(a) Rental of Public Spaces for Ramping. The City shall rent to the valet operator
public on- street/curbside parking spaces that shall be used only for the ramping
Supp. No. 5 96.6.1
OTHER REGULATIONS 20 -4.4
of vehicles. Ramping of vehicles shall consist of allowing customers to enter or exit
a vehicle and to turn it over to or retrieve it from valet employees. Ramping shall
only be operated in the public on- street/curbside spaces provided for ramping.
There shall be no storage of vehicles in the area designated for ramping. A vehicle
will be considered stored if it remains in the ramping area for more than fifteen
(15) minutes. This policy will be modified after.all establishments serviced by the
ramp are closed for further business. At this time the City may, at its own
discretion, allow vehicles of remaining customers to be parked on the spaces
leased for ramping.
Ramping on public property shall not occur in any other location than the
on- street/curbside spaces provided for ramping. Any type of sign, structure or
other type of object used to identify the ramp shall not block leased spaces. Vehicle
key lock boxes used at the ramp location are not to obstruct pedestrian or
vehicular traffic. Leased space shall not be cordoned off with posts, chains or
signage of any type except that approved by the City indicating the designation of
the rented valet parking area. At its sole discretion and judgement, the City shall
provide to the valet operator ramping space in close proximity to the establish-
ment being serviced, if sufficient spaces are available and if the, location is
considered appropriate. Ifthere is not sufficient space available for rental in front
of the establishment, the City shall lease spaces as close to the establishment as
possible. Ramping will not be allowed if the City determines, at its sole discretion,
that it would be an unsafe activity at that location.
(b) : Rental Fees:for.Public On/Street curbside spaces. The fee for use of rented spaces
shall be $9.00 per space per day, seven days per week, based on a twelve hour
period defined as the. hours between 6:00 p.m. to 6:00. a.m. use, and $15.00 per
space per day, seven days per week based on twenty -four hour use. Fees shall be
paid in advance on a monthly basis, commencing on the date the locations are
rented to the valet operator by the City. Advanced payment for meter rentals shall
not be made for a period exceeding one month. All additions or changes to existing
leased public on- street/curbside parking spaces for ramping, shall be paid upon
request. All valet space lease requests .shall be required in writing to the City
Manager or his/her designee, twenty -four hours in advance, and received no later
than 3:00 P.M., daily. Exceptions and lease cancellations not made within the
prescribed period will be assessed a $20.00 processing fee. The rental fee
structure will be reviewed and may be adjusted periodically by the City.
(c) Number of spaces leased for ramping. The amount of ramping spaces available to
the valet operator shall be determined by the frontage of the establishment being
serviced provided that there is sufficient public on- street/curbside spaces avail-
able for ramping, as determined at the sole discretion of the City.
(d) Subletting. Leased public on- street/curbside spaces may not be sublet.
(4) Rental of Additional Parking for Storage of Vehicles for Special Events/Program.
Storage space required for the operation of a valet service must be provided in parking
Supp. No. 4 96.7
20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE
I
lots. Facilities must meet all applicable Code and Ordinance requirements of the City
of South Miami. The City may lease additional valet spaces for the storage vehicles for
special events, special programs, or at the request of the valet operator if the proposed
valet storage does not take away from public parking demand in the area. The fee for
use of storage parking spaces shall be based on a twelve -hour period at a rate of $10.00
per. space /per day. Fees shall be paid in full twenty -four hours in advance of the special
event or program.
(5) Private Storage of Valet Vehicles. Valet operators shall store vehicles on private
parking lots which are properly zoned and permitted as parking lots. The valet
operator shall provide to the City satisfactory documentation from the parking facility
owner or management company /agent authorizing the valet operator to use those
facilities for the purpose of storing valet parked vehicles.
(6) Employees and Valet Operators Code of Conduct. The valet parking operator shall
require its employees and independent contractors to meet the following requirements:
(a) All employees who operate motor vehicles shall have a valid Florida driver's
license in good standing and shall abide by all City of South Miami and
Miami -Dade County traffic regulations.
(b) All employees shall be in similar uniform.
(c) All employees shall wear on their uniform a name tag using printed letters of an
easily legible print size identifying the employee's name. Such tag must be placed
in a visible location such as the employee's chest.
(d) All employees shall perform their duties in a courteous and professional manner.
Employees found by the City, at its sole discretion and judgement, to perform
their duties in a manner that is disruptive to the peaceful enjoyment of the
surrounding neighborhood or in a reckless or unprofessional manner, shall be
cause for the City to request the immediate removal of the employee from the
valet operation. The City shall issue a Valet Code of Conduct warning to the valet
operator for any employee found to perform his duties in a disruptive or
discourteous manner. The valet operator will have thirty minutes from the
issuance of the warning to remove the employee from its operation for a
twenty -four hour period. The employee may not be moved to any other valet
location in the City of South Miami. If the employee is not removed within the
requisite thirty minute period, the City shall issue a Valet Code of Conduct
Violation.
(7) Operation of Service.
(a) Identification of Leased Spaces. Leased spaces shall be so designated by the City
as leased parking areas. The designation shall be defined by bagged meters
and/or clearly marked signs installed on each meter post indicating the parking
restriction.
(b) Ramping. Ramping shall only be operated in the spaces provided for ramping.
There shall be no storage of vehicles i�i the area used for ramping. Ramping on
Supp. No. 4 96.8
OTHER REGULATIONS 20 -4.4
public property shall not occur in any other location than the public on- street/
curbside spaces provided for ramping. Ramping from a moving lane of traffic is
strictly prohibited.
(c) Storage. Storage of vehicles shall only be in private spaces or in leased municipal
spaces as provided by the City. Other than the leased municipal spaces, there
shall be no storage of vehicles on any municipal property whatsoever. The valet
operator shall clearly identify the vehicles in their possession during the entire
period that the car is in their possession. Identification shall be made through a
ticket stub visibly placed on top of the dashboard of the stored vehicle and shall
state. the name of the valet operator and identification of the ramp from which the
vehicle was retrieved. Ramp identification shall be made by stating the name of
the establishment which the ramp is servicing. Unauthorized storage of valet
vehicles in municipal parking facilities or at any public on- street/curbside
parking spaces is strictly prohibited and shall result in the issuance of a Valet
Violation to the valet operator in the amount of $200.00 per occurrence..
(8) -Exceptions.
(a) Valet services operating for a special event may apply for a special event permit
from the City's Manager office. Special event parking shall be restricted to any
event occurring no more than twice per year and lasting no longer than three
days in length. The special event permit will allow the valet operator to request
from the City, additional ramping and/or storage space, if available, as long as it
does not reduce the number of parking spaces needed to serve the general public
in the area of the request.
(9) Enforcement Fine Schedule and Right to Appeal.
(a) Enforcement. The City shall enforce the provisions of this Ordinance, including
the Valet Operators Code of Conduct. If a violation of this ordinance is found, the
City shall issue a Notice of Violation to the violator. The Notice shall inform the
violator of the nature of the violation, amount of the fine for which the violator
may be liable, instructions and due date for paying the fine, and notice that the
Violation may be appealed by requesting a hearing before the City's Special
Master. Failure to appeal within ten days after service of the notice of violation
shall,constitute and admission of the violation and a waiver of the right to a
hearing.
(b) The following civil fines shall be imposed for each violation:
1. Operation without Valet Permit Immediate cessation of service and $250.00
2. Unauthorized/Illegal Ramping $150.00 per offense
3. Unauthorized/Illegal Storage $200.00 per offense
4. Penalty for Lapse in Required Insurance Immediate cessation of service and $150.00.
Coverage In cases where more than one day has lapsed,
$150.00 per day fine from date of lapse.
Supp. No. 8 96.9
20 -4.4 - SOUTH MIAMI LAND DEVELOPMENT CODE
5. No Name Tag $25.00 per offense
6. No Uniform $25.00 per offense
7. No Valid Florida Driver's License $25.00 per offense /and immediate removal of
the employee from the valet operation.
(c) Rights of violators; payment of fine, right to appeal; failure to pay civil fine, or to
appeal.
i. A violator who has been served a Notice of Violation shall elect either to:
1. Pay the civil fine in the manner indicated on the Notice; or
2. Request an administrative hearing within ten days of receipt of the
violation before the Special Master.
ii. The City of South Miami may institute proceedings in a court of competent
jurisdiction to compel payment of civil fines.
iii. Additionally, a certified copy of an order imposing a civil fine may be
recorded in the public records and thereafter shall constitute a lien upon any
other real or personal property owned by the violator and it may be enforced
in the same manner as a court judgement by the sheriffs of this State,
including levy against the personal property, but shall not be deemed to be
a court judgement except for enforcement purposes. After two (2) months
from the flag of any such lien which remains unpaid, the City of South
Miami may foreclose or otherwise execute upon the lien.
iv. As an additional means of enforcement, the City will revoke the valet permit
when there are repeated violations of this Ordinance. Specifically, any two
(2) violations issued within a three month period for the following opera-
tional deficiencies may result in the revocation of the valet permit:
Unauthorized/Illegal Ramping;
Unauthorized/Illegal Storage.
(d) Valet Operator's Responsibility for Vehicles in their Possession. Valet operators
shall pay all fines and a fee, including towing charges, arising in connection with
a patron's vehicle that is in the possession of the valet operator at the time the
charge is incurred. This does not preclude the valet operator from also being cited
for violations of this section which resulted in the imposition of the fines and fee.
(10) Compliance Date. All valet operators in the City of South Miami shall comply with this
Section within 30 days of its approval by the City Commission on second reading.
(Ord. No. 1 -99 -1675, § 1, 1 -5 -99; Ord. No. 10 -03 -1794, § 1, 5- 20 -03)
. Editor's note Ord. No. 9 -99 -1683, § 1, adopted May 4, 1999 relettered subsection (K) as
subsection V. To avoid duplication of subsections, former subsection (L) has been redesig-
nated (M) at the discretion of the editor.
(Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 13 -91 -1478, 5 -7 -91; Ord. No. 18 -91 -1483, 7- 23 -91; Ord.
No. 17 -94 -1567, §§ 1 -5, 11 -1 -94; Ord. No. 21 -96- 1621, §§ 1, 2, 11- 19 -96; Ord. No. 8 -99 -1682,
§§ 2, 3, 5 -4 -99)
Supp. No. 8 96.10