05-01-07 Item 7South Miami
III- AmedcaCfly
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER °
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct
Date: April 24, 2007 ITEM No.
_7
Subj ect:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 8.8(D) ENTITLED "GARAGES
IN MU -5 " OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
CLARIFY PROVISIONS RELATED TO THE LOCATION OF PARKING GARAGES IN
DEVELOPMENT PROJECTS; 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 modify
Section 20- 8.8(D), Land Development Code which regulates parking garages in the TODD(MU -5) zoning district.
The primary change is to sub - section No.5 of Section 20- 8.8(D), Land Development Code which mandates that
parking must be at the rear of a building but may also be located above the second floor at the front of a building.
This statement is contradictory. In addition, this same sub- section (No.5 in Section 20- 8.8(D)) is in contradiction
with Section 20- 8.8(B)2, Land Development Code which also mandates that all required parking in the TODD
zoning district must be at the rear of a building. The folllowing is the wording in Section 20- 8.8(B)2 of the Land
Development Code:
"All parking to be located at the rear of building. If not feasible, then the side of the building,
but as noted in this section."
Staff ObserV'ations:
It has been difficult for the Planning Department to interpret the contradictory provisions in Section 20 -8.8 (B) and
(D) of the Land Development Code. The Department has recently been confronted with an issue in the TODD (MU-
5) zone involving the construction of a high -rise building; on a small lot that does not have room for parking in the
rear. In order to accommodate the required parking on site, the building would have to use the first four floors for
parking with the remaining four floors dedicated to office space.
Proposed Amendment:
The Planning Department has prepared an amendment which will eliminate the contradictory requirements
between (B) and (D) of Section 20 -8.8 (D) of the Land Development Code. The amendment clearly states
that all parking garages must be in the back of a building. A secondary amendment provides that parking
garages facing side streets must maintain the same design as the main building.
Planning Board Action:
The Planning Board at its March 27, 2007 meeting, after public hearing, by a vote of 3 ayes 3 nays failed to adopt a
motion recommending that the proposed Land Development Code amendment contained in this ordinance be
adopted.
Recommendation:
It is recommended that the City Commission approve the attached draft ordinance.
Backup Documentation:
Draft ordinance
Planning Board Meeting Excerpt 3127107
Public Notices
J P /SAY
P: \Comm Items\2007 \4- 24- 07 \PB- 07- 013LDC Amend MU- 5ParkingCM Report.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 8.8(D) ENTITLED "GARAGES IN
MU -5 " OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
CLARIFY PROVISIONS RELATED TO THE LOCATION OF PARKING GARAGES IN
DEVELOPMENT PROJECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Land Development Code contains special provisions for parking in the
Transit- Oriented Development District; and
WHEREAS, Section 20- 8.8(D) of the Land Development Code sets forth regulations
governing parking garages in the TODD (MU -5) zoning district; and
WHEREAS, paragraph No.5 in Section 20- 8.8(I)) of the Land Development Code contains a
contradiction stating that required parking must be at the rear of a building but may also be located
above the second floor at the front of a building; and
WHEREAS, paragraph No.5 in Section 20- 8.8(D) of the Land Development Code also
contradicts Section 20- 8.8(B)2 of the Land Development Code which mandates that required
parking must be at the rear of a building; and
WHEREAS, it is difficult for the Planning Department to interpret the contradictory
provisions in Section 20 -8.8 (B) and (D) Land Development Code; and
WHEREAS, the Planning Department has prepared an appropriate amendment to Section 20-
8.8 (D) Land Development Code; and
WHEREAS, the Planning Board at its March 27, 2007 meeting, after public hearing, by a
vote of 3 ayes 3 nays failed to adopt a motion recommending that the proposed Land Development
Code amendment contained in this ordinance be adopted; and
WHEREAS, the City Commission desires to 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- 8.8(D) of the Land Development Code is hereby amended to read as
follows:
Transit - Oriented Development District
20 -8.8 Parking.
(A) T. O. D. D. Parking Regulations. Parking in the T.O.D.D. 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. The Hometown District Parking
Committee shall be charged with oversight of the supply, convenience, safety, and
management of parking shall also be responsible for this district as well.
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
2
(B) Required Parking. Within the T.O.D.D. District, the following adjustments
to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
I. Parking requirements, adjustment,; or bonus as indicated in the bonus
allocation section (section 20- 8.10).
2. All parking to be located at the rear of building. If not feasible, then the side
of the building, but as noted in this section.
3. Parking spaces on the streets in front of property may be counted toward
parking requirement.
4. 70% of required parking must be on -site, except as otherwise permitted by
section 20 -4.4.
5. Off -site parking permitted with contractual obligations or in accordance
with section 20 -4.4, except that the required covenant may be a long -term
lease. That lease shall not be required to be longer than thirty (30) years.
6. Parking fees shall be permitted under the ordinance.
7. Off -site parking is permitted in accordance with section 20 -4.4. In addition,
the distance requirement shall be amended to allow for any location within
the boundaries of this district.
8. No open air storage of vehicles is permitted.
(C) Required Parking Uses.
1. Residential: A minimum of two (2) cars per unit is required for residential
uses.
2. Commercial/Retail: One (1) space per 150 sq. ft. to 400 sq. ft. of gross floor
area (see schedule section 20- 7.12A).
3. Office: One (1) space per 200 sq. ft. to 400 sq. ft. of gross floor area (see
schedule section 20- 7.12B).
4. Light Industrial:
(a) One space per 100 sq. ft. to 1,000 sq. ft. (See schedule section 20-
3.3 and 20 -4.4).
(b) No parking of vehicles in driveway at any time.
(c) In any area with light industrial uses, any vehicle under repair must
be stored inside buildings at all times.
(d) For light industrial uses, arty garage areas must be totally enclosed
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
3
and have garage doors closed when not in use.
(D) Garages in MU-5.
I . At the rear of the property you may eliminate the setback requirement for
garages only, if garage:
backs to existing garage
backs to permanent open space
2. May face side street but must have some fenestration as the rest of the
building
3. Underground parking defined as having more than 60% of its structure
below grade.
4. Garage structures must be designed or landscaped so as to either appear to
be a floor of the building or obstructed from street view.
5. All LyaraLyes must be at the rear of the building as required by Sec. 20-
8.8(B)(2)
6.
The the regulations for arcades or awnings shall apply to all garages. The
ground floor on the sides facing any street shall contain any uses indicated
on the permitted ground floor uses in section 20 -8.5. Any exterior facing
streets shall be designed to look similar to the facade of a commercial office
building, unless amended by the City Commission via special use permit
procedures.
7. Freestanding garages, not to exceed 6 levels in height, may be permitted on
any site within the district (MU -5).
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.
1 11
rd
1
PASSED AND ADOPTED this day of _
, 2007
2
3
4
5
ATTEST:
APPROVED:
6
7
8
9
10
CITY CLERK
MAYOR
11
1St Reading —
12
2nd Reading —
13
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:
14
Mayor Feliu:
15
Vice Mayor Wiscombe:
16
Commissioner Palmer:
17
Commissioner Birts
18
Commissioner Beckman:
19
CITY ATTORNEY
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 P: \Comm Items\2007 \4- 24- 07\PB -07 -012 LDC Tech Amend MU -5 Parking Ord.doc
5 O l] T�
O�
F �w
U -*
INCORPORATED
19`e!7
RAO
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular ]Meeting
Action Summary Minutes
Tuesday, March 27, 2007
City Commission Chambers
7:30 P.M.
;RPT
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).
III. Planning Board Applications / Public Hearing
IV.
PB -07 -012
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 8.8(D) ENTITLED
"GARAGES IN MU -5 " OF THE SOUTH MIAMI LAND DEVELOPMENT CODE
IN ORDER TO CLARIFY PROVISIONS RELATED TO THE LOCATION OF
PARKING GARAGES IN DEVELOPMENT PROJECTS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
Action: Mr. Morton read the ordinance into the record.
Planning Board Meeting
March! 27, 2007
Page 2 of 3
Mr. Youkilis advised that the amendments to the ordinance were submitted by
Commissioner Beckman. He stated that the :reason for amending the ordinance has to do
with the wording being contradictory and unclear. Mr. Youkilis advised that the ordinance
states that parking garages should be at the rear of the building but that another section
states that parking can go through the second floor at the front of the building. Page three
of the ordinance says that garages may go through the street above the first floor providing
that it looks like as other floors. One of the basic requirements of putting in parking in a
TODD district area is that all parking must be located at the rear of the building. Section
D -5 lets garages come through the front of the building. The Planning Department
recormmended that the LDC clearly state that the parking in TODD (MU -5) districts should
be at the rear of the building, therefore staff is recommending the approval of this
ordinance. Mr. Perez advised that staff is working on clarifying many sections of the LDC
and making it more consistent.
Recommendations: Staff recommended that the Board approve the ordinance.
Mr. Morton advised that he found item 5 to be contradictory to item 7. He stated that a free
standing garage is automatically going to have a garage in the front and that there are MU-
5 uses where a garage is detached in the rear. He questioned whether this implied that a
free standing garage is permissible in the TODD district. Mr. Youkilis, responded with a
yes, as long as it is an accessory to a permitted use or a commercial garage. Mr. Morton
stated he was concerned that under this provision new projects will not be able to be built.
His reason behind this is because the design option would be taken away, no matter how
good it looks, and the dimensional issues on each particular site can preclude that.
Ms. Beckman expressed concern about the Oxford building and how it has second story
parking intermingle with the building. She stated she did not find it appeasing. She
expressed the importance of having the cars contained rather than having them'all over the
neighborhood or in residential areas. She stated she did not think the ordinance will
conceal the garages and that the traffic problem will continue.
Mr. Youkilis advised that an issue the Planning Department would face, would be the
construction of a big building on a small lot that does not have room for parking in the rear
therefore, the building would have the first four floors for parking with four floors above it
for office space.
Ms. Beckman recommended that the little lots on the corners could ask for an
administrative waiver in order to avoid the passage of this ordinance. Mr. Youkilis advised
that there are no special exceptions in the TODD district.
Ms. Yates asked if staff was trying to do away with mixed -use building space and Mr.
Youkilis responded with a negative.
Ms. Young asked staff what their rational for not seeing the compatibility of both the
parking and an office in one structure. She questioned what hindrance the compatibility
would have for the clientele. She also stated that parking is a major problem and that by
Planning Board Meeting
March,'27, 2007
Page 3 of 3
restricting the parking already permitted in
problem.
the first or any level, it would create a bigger
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jim Dorsey 8500 SW 8 ST Oppose
Stated that as he was reading through the TODD district he found that it was designated to
encourage mixed -use, encourage pedestrian friendly activity, and that it had a lot of
variances and parking reductions that are allowed with certain constructions. He stated that
because parking in the city is a more difficult he was under the impression he could design
a building that would be able to contain the required amount of parking. He said he tried to
design something that would be compatible with the district. However, he also stated that
if the requirements call for all parking to be just in the rear that the it would put
construction cost at a higher level. He mentioned that the proposed language change
affects the number of parking spaces that can be put on a site; essentially it will reduce the
number of parking spaces that could be provided on a site, it will put more burdens on
other sites, and it will increase the construction cost making it more difficult for developers
develop.
Chairman Morton closed the public hearing
Motion: Ms. Yates moved not to accept the staff `s reconunendations but to adopt the
ordinance with the proposed change in Item 5 :reading "all garages must be at the rear of the
building and as required in D -5" and include the sentence previously taken out stating
"garages may go through the street of the first floor providing it looks the same as the face
of the building." Mr. Davis seconded.
Vote: 3 Ayes 3 Nays (MR. Farfan, Ms, Beckman, Ms. Young); (Failure of passage)
P: \Comm Items\2007 \4- 24- 07\Excerpt PBMins 03- 27- 07.doc