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05-01-07 Item 6South Miami All- America City CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Directo Date: Ap ril 24 2007 ITEM No. V Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 4.4(A) (2) ENTITLED "OFF- STREET PARKING REQUIREMENTS" OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PROVISIONS ALLOWING FOR THE ADMINISTRATIVE CREDITING OF ON- STREET PARKING SPACES AS REQUIRED PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Background: A member of the City Commission has requested the Planning Board to consider an ordinance which would remove a provision in Section 20- 4.4(A)(2), Land Development Code allowing for on- street parking to be credited as part of the required off-street parking spaces for properties as far away as 1500 feet. The provision which was adopted by Ordinance. No.21 -96 -1621 (November 19, 1996) reads as follows: "On- street parking spaces may be assigned and credited to other properties within 1, 500 feet of any on- street parking space by written consent of the property owner to whose property the space is currently credited with the written consent and approval of the City Manager. The City Manager will determine if the installation of parking meters is merited and appropriate for the area. " Although this provision has been used in the past, the Planning Department has serious concerns about the subject provision as it is written and implemented. The language in the section is not clear and is difficult to interpret. The extension of the parking privilege to uses as far away as 1500 feet is not appropriate unless it is in a downtown area. The legislation also requires approval of the property owner who is credited with on- street spaces. However, it is not clear if a property does not need to count abutting on- street space(s) as part of its required spaces, are those spaces considered credited to that owner. If the spaces are not considered credited does the abutting owner have the right to refuse to allow those spaces to be credited to another distant owner. The Department is also concerned that this administrative assignment of on- street spaces can be seen as a substitute for a parking variance. 2 Planning Bogard Action: The Planning! Board at its March 27, 2007 meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nay recommending approval the proposed ordinance. Recommendation: It is recommended that the City Commission approve the attached draft ordinance. Backup Documentation: Draft ordinance Planning Department Staff Report 3127107 Planning Board Meeting Excerpt 3/27/07 Ordinance. No.21 -96 -1621; Public Notices J P /SAY P: \Comm Items\2007 \4- 24- 07 \PB -07 -013 LDC Amend Parking CM Report.doc i 1 ORDINANCE NO. 2 u 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 4.4(A) (2) ENTITLED "OFF - 5 STREET i PARKING REQUIREMENTS" OF THE SOUTH MIAMI LAND 6 DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PROVISIONS ALLOWING 7 FOR THE ADMINISTRATIVE CREDITING OF ON- STREET PARKING SPACES AS 8 REQUIRED PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVIDING FOR 9 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the Land Development Code contains provisions regulating required parking 14 spaces for development including the location, number, and type of off - street parking which can be 15 counted as, required parking spaces for development; and 16 17 WHEREAS, Section 20- 4.4(A) of the Land Development Code sets forth regulations allowing 18 for on- street parking to be counted toward the required parking spaces in all commercial districts 19 city -wide; and 20 21 WHEREAS, Section 20- 4.4(A) (2) of the Land. Development Code specifically sets forth a 22 regulation which allows for on- street parking within 1500 feet of a property to be counted as off - 23 street required spaces for that property if the spaces are not credited to another property and is 24 administratively approved by the City Manager and which action could create a contradiction with 25 Section 20- 4.4(A) (1) of the Land Development Code; and 26 27 WHEREAS, the Planning Department staff is concerned that the decision to assign off -street 28 parking spaces is delegated to a property owner, and that the administrative assignment of on -street 29 spaces can be seen as a substitute for a parking variance; and 30 31 WHEREAS, the Planning Department has prepared an appropriate amendment to Section 20- 32 4.4(A) of the Land Development Code; and 33 34 WHEREAS, the Planning Board at its March 27, 2007 meeting, after public hearing, 35 approved a motion by a vote of 6 ayes 0 nays recommending that the proposed Land Development 36 Code amendment contained in this ordinance be adopted; and 37 38 WHEREAS, the City Commission desires to accept the recommendations of.the Planning 39 Board and enact the aforesaid amendment. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:. 43 44 Section 1. That Section 20- 4.4(A) of the Land Development Code is hereby amended to read as 45 follows: 46 47 20 -4.4 Off - street parking requirements. 48 49 (A) Applicability. All structures and uses which are erected, established or enlarged 50 within the city shall provide adequate off -street parking spaces and control mechanisms for on -site 51 vehicular and pedestrian traffic in order to insure the safety and convenience of the public pursuant 52 to the requirements of this section. 53 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 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 2 (1 ) On- street parking spaces adjacent to a lot shall count toward the parking requirements set forth below in subsection (B) for that lot; a partial space longer than eleven (11) feet shall count as a full space. (2) Unimproved rights -of -way adjacent to business property in commercial zoning districts may be improved by the abutting property owner for credit as on- street parking spaces by written application to the City Manager. 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: CITY CLERK l st Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of _ , 2007 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman: P :\PB\PB Agendas Staff Reports \2007 Agendas Staff Reports \3- 27- 07\PB -07 -0121 LDC Tech Amend MU -5 Parking Ord.doc - - --------- Mr 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: CITY CLERK l st Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of _ , 2007 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman: P :\PB\PB Agendas Staff Reports \2007 Agendas Staff Reports \3- 27- 07\PB -07 -0121 LDC Tech Amend MU -5 Parking Ord.doc To: Honorable Chair and Planning Board Members From: Julian Perez Planning Director Date: March 27, 2006 Re: LDC Amendment Off - Street Parking 20 -4.4 (A) (2) PB -07 -013 Applicant :, City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 4.4(A) (2) ENTITLED "OFF- STREET PARKING REQUIREMENTS" OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PROVISIONS ALLOWING FOR THE ADMINISTRATIVE CREDITING OF ON- STREET PARKING SPACES AS REQUIRED PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVIDING :FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND A member of the City Commission has requested the Planning Board to consider an ordinance which would remove a provision in Section 20- 4.4(A)(2), Land Development Code allowing for on- street parking to be credited as part of the required off - street parking spaces for properties as far away as 1500 feet. The provision in Section 20 -4.4 (A)(2) of the Land Development Code, adopted by Ordinance. No.21 -96 -1621 (November 19, 1996) reads as follows: "On- street parking spaces may be assigned and credited to other properties within 1,500 feet of any on- street parking space by written consent of the property owner to whose property the space is currently credited with the written consent and approval of the City Manager. The City Manager will determine if the installation of parking meters is merited and appropriate for the area " Although this provision has been used in the past, the Planning Department has concerns about the subject provision as it is written and implemented. The language in this section is not clear and is difficult to interpret. The extension of the parking privilege to uses as far away as 1500 feet is not appropriate unless it is in a downtown area. The legislation also requires approval of the property owner who is credited with on- street spaces. However, it is not clear if a property does not need to count the abutting on- street space(s) as part of its required spaces, are those spaces considered credited to that owner. If the spaces are not considered credited does the abutting owner have the right to refuse to allow those spaces to be credited to another distant owner. The Department is also concerned that this administrative assignment process of on- street spaces can be seen as a substitute for a parking variance. LDC PROPOSED AMENDMENT It is proposed that subparagraph in Section 20- 4.4(A) (2) Land Development Code be amended to read: (new wording underlined, wording to be removed shown with strikethrough) LDC Amendment March 27, 2007 Page 2 of 31'', 20 -4.4 Of - street parking requirements. (A) Applicability. All structures and uses which are erected, established or enlarged within the city shill provide adequate off - street parking spaces and control mechanisms for on -site vehicular and pedestrian traffic in order to insure the safety and convenience of the public pursuant to the requirements of this section. (1) On- street parking spaces adjacent to 'a lot shall count toward the parking requirements set forth below in subsection (B) for that lot; a partial space longer than eleven (11) feet shall count as a full space. (2) Unimproved rights -of -way adjacent to business property in commercial zoning districts may be improved by the abutting property owner for credit as on- street parking spaces by written application to the City Manager. RECOMMENDATION It is recommended that the proposed technical amendment to Section 20- 4.4(A) (2), Land Development Code be approved. Attachments: Praft ordinance; Ordinance. No.21 -96 -1621; Public Notices JP /SAY P:\PB\PB Agendas Staff Reports\2007 Agendas Staff Reports\3- 27- 07\PB -07 -013 LDC Amend Parking Report.doc - - - - - -- - - =- - - - - -_ — -- - _ -- - - -- -Era--= - - - - _ RECOMMENDATION It is recommended that the proposed technical amendment to Section 20- 4.4(A) (2), Land Development Code be approved. Attachments: Praft ordinance; Ordinance. No.21 -96 -1621; Public Notices JP /SAY P:\PB\PB Agendas Staff Reports\2007 Agendas Staff Reports\3- 27- 07\PB -07 -013 LDC Amend Parking Report.doc SOLJ�� Al U ". INCORPORATED 1927 A' LO It, 1q CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 27, 2007 City Commission Chambers 7:30 P.M. -C-; I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7: 30 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum.: Ms. Beckman, Mr. Davis, Mr. Farfan, Ms. Young, and Ms. Yates. Absent: Ms. Pam Lahiff, City staff present: Julian H. Perez (Planning; Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications / Public Hearing PB- 07x013 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 4.4(A) (2) ENTITLED "OFF- STREET PARKING REQUIREMENTS" OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PROVISIONS ALLOWING FOR THE ADMINISTRATIVE CREDITING OF ON- STREET PARKING SPACES AS REQUIRED PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Yates read the proposed ordinance into the record. Planning Board Meeting March 27, 2007 Page 2, of 3 Mr. Youkilis advised that Commissioner Beckman made a request that the Planning Board consider removing a section from the code which is confusing and may lead to some misunderstandings. This section in the Code allows for the assignment of a parking space to a building that could be as far as 1500 feet away if it doesn't have the required parking. Mr. Youkilis advised that normally the City Manager could designate off -site parking to let these parking spaces - including metered spaces -be counted as parking for the applicants building. Mr. Youkilis also stated that in 1993 this was available to the Hometown district and that in 1996 there was an ordinance that was adopted which expanded the privilege of allowing parking -1500 feet away -to be counted for all commercial uses. Mr. Youkilis advised that the language is not clear and it is difficult to interpret. Recommendations: Staff recommended the approval of this ordinance. Ms. Beckman asked if staff could give an example of a situation where this has been done in the 'past and whether or not it was problematic. Mr. Youkilis responded that the medical building across from City Hall wanted to expand and he could not have expanded unless the thilee metered spaces were counted towards the establishments required parking. The city signed an agreement stating that the three metered spaces could be counted as long as the business is there. Ms. Beckman then questioned if the business would be non- conforming with the new ordinance and Mr. Youkilis responded with a negative because they would be grandfathered in. Ms. Young asked staff to recall if a problem has ever occurred since 1996. Mr. Youkilis responded with a negative and that those that have been granted the extra spaces could keep them as long as there is no abandonment of the business. Mr. Davis questioned whether a new owner could keep the spaces if the business were to be sold and Mr. Youkilis responded that it does not go with the owner but rather it goes with the property. Mr. Youkilis advised that as long as it is the same type of business they could keep the spaces, however if it changes then the parking spaces would not be transferable. Chairman Morton opened the public hearing: Speakers: NAME ADDRESS SUPPORT /OPPOSE Dean Whitman 6259 SW 70 ST Support The current ordinance states that a doctor's office could be assigned a parking space on a meter 700 steps away with no public hearing, no notification to nearby property owners, or without it going to the Commission. He stated that the agreement with Dr. Colsky should not have been signed by the City Manager because he did not meet the requirements therefore he will not be grandfathered in. He advised that the ordinance affects every part of the city and that he hopes the Board follows the staff's recommendations. Beth Schwartz Support Ms. Schwartz stated that her residential neighborhood gets the parking overflow from the 7000 Medical Building. She advised that although right now there are two signs down, "a no parking" and "no enter" it is a horrible intersection between the 7000 Building and a i Planning Board Meeting MarchJ27, 2007 Page 3, of 3 medical building on the corner across the street from the entrance to CocoPlum neighborhood. Ms. Schwartz asked the Board to adopt staff's recommendations for approval. i Chairman Morton closed the public hearing Motion: Ms. Beckman made a motion to approve the ordinance as recommended by staff. Ms. Young seconded. Vote: 6 Ayes 0 Nays PAComm Items\2007 \4- 24- 07\Excerpt Off Site Parking PB_Mins_03- 27- 07.doc ORDINANCE NO. 21 -96 -1621 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE TO CREATE A NEW SUB- SECTION 20 -4.4 (A) (1) AND 20 -4.4 (A) (2) , IN ORDER TO PROVIDE A MECHANISM FOR CREDITING ON- STREET PARKING TOWARDS REQUIRED PARKING AND CREATING A PROCESS FOR THE ASSIGNMENT OF ON- STREET PARKING CREDITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 19, 1993, the City Commission adopted the Hometown District Overlay Ordinance which granted parking credit for on- street parking spaces under Section 20 -7.6; and, WHEREAS, sub- Section 20 -7.6 (B)(1) reads that "On- street parking 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;" and, WHEREAS, City Administration recommends that all commercial properties in the City be extended the opportunity to count on- street parking space towards required parking, in order to encourage new businesses and to offer fair and equal opportunity to all 'businesses in all commercial areas within the City; and, WHEREAS, the Mayor and the City Commission find that it is in the 'public interest to expand the credit for on- street parking spaces to commercial zoning districts that are not located solely in the'Hometown Overlay District, in order to permit fair and equal access to on- street parking credit for all entrepreneurs. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A new sub - Section 20- 4.4(A)(1) is hereby created to read as follows: (1) Ord- street parking spaces adjacent to a lot shall count toward the parking requirements set forth below in sub - Section (B) for that 1ot; a partial space longer than eleven (11) feet shall count as a full space. On- Street Parking Ordinance: 2nd Reading November 19, 1996 4 Page 2 of Ord. No. 21 -96 -1621 Section 2. A new sub - Section 20- 4.4(A),(2) is hereby created to read as follows: (2) Unimproved rights -of -way adjacent to business property in commercial zoning districts may be improved by the abutting property owner for credit as on- street parking spaces by written application to the City Manager. On- street parking spaces may be assigned and credited to other properties within 1,500 feet -of any on- street parking space by written consent of the property owner to whose property the space is currently credited with the written consent and approval of the City Manager. The City Manager will determine if the installation of parking meters is merited and appropriate for the area. 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, the holding shall not affect' the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this -19 day of NoVember 1996. ATTEST: CITY CLERK 1st Reading - October 1, 1996 2nd Reading November 19, 1995 READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR COMMISSION VOTE: Mayor Cunningham: Vice Mayor Robaina: Commissioner Price: Commissioner Bethel: Commissioner Young: 4 -0 Not present Yea Yea Yea Yea c:\ — \ reports \ on- Street- Mg- ord.doc On- Streot Parking Ordinance: 2nd Reading November 19, 1996