05-15-07 Item 16South Miami
AII- MericaChv
CITY OF SOUTH MIAMI ' r
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: Aril 24
Da p , 2007 ITEM No.
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
REQU [REMENTS" 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.
Plannin,2 Board 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 3/27/07
Planning Board Meeting Excerpt 3127107
Ordinance. No.21 -96 -1621;
Public Notices
JP/SAY
P: \Comm Items\2007 \4- 24- 07 \PB -07 -013 LDC Amend Parking CM Report.doc
I ORDINANCE NO. _
2
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 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
W
1. (1) On- street parking spaces adjacent to a lot shall count toward the parking
2 requirements set forth below in subsection (B) for that lot; a partial space longer
3 than eleven (11) feet shall count as a full space.
4
5 (2) Unimproved rights -of -way adjacent to business property in commercial zoning
6 districts may be improved by the abutting property owner for credit as on- street
7 parking spaces by written application to the City Manager.
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16 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
17 are hereby repealed.
18
19 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
20 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
21 validity of the remaining portions of this ordinance.
22
23 Section 4. This ordinance shall be effective immediately after the adoption hereof.
24
25 PASSED AND ADOPTED this day of , 2007
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ATTEST:
CITY CLERK
I" Reading —
2"d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman:
P:TBTB Agendas Staff Reports\2007 Agendas Staff Reports\3- 27- 07TB -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 CTTY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SECTION 20- 4.4(A) (2) ` ENTITLED "OFF- STREET
PARKING REQUIIZEMENTS" 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 3
20 -4.4 Off - street parking requirements.
(A) Applicability. All structures and uses which are erected, established or enlarged within
the city shall 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 unproved 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: Draft 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
b
a
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a
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RECOMMENDATION
It is recommended that the proposed technical amendment to Section 20- 4.4(A) (2), Land Development
Code be approved.
Attachments: Draft 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
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, March 27, 2007
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7: 30 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL 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 -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.
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 three 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
Planning Board Meeting
March 27, 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..
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) On- street parking spaces adjacent to a lot shall count
toward the parking requirements set forth below in sub -
Section (B) for that lot; a partial space longer than
eleven (11) feet shall count as a full space.
on- Street Parking Ordinance: 2nd Reading November 19, 1996
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 flovetnber 1996.
ATTEST: APPROVED:
CITY CLERK VICE -MAYOR
1st Reading - October 1, 1996
2nd Reading - November 19, 1995
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Cunningham:
Vice Mayor Robaina:
Commissioner Price:
Commissioner Bethel:
Commissioner Young:
c:\ ._ \ reports \
On- Street Parking Ordinance: 2nd Reading November 19, 1996
4 -0
Not present
Yea
Yea
Yea
Yea
on- Street- Pkg- ord.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
ATE OF FLORIDA
)UNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
D.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
aeview f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
Being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 5/15/07 - ORD. AMENDING SEC BA ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/04/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing th' adverb t for publication in the said
newspaper /�
Sworn to and subscribed before me this
04 day of MAY , A.D. 2007
(SEAL)
O.V. FERBEYRE personally known to me
�vr^ w,ti Cheryl H Manner
• MY Commission D0338659
'a r h.p,r" uuly 18, 2008
CITY OF SOUTH MIAMI
NOTICE OF-PUBLIC HEARING
NOTICE IS HEREBY given that ' the City Commission of the City of
South Miami, Florida will conduct Public Hearings at Its regular City
Commission meeting scheduled far Tuesday, May 15, 2007 beginning at
7:30 p.m. in the City Commission. Chambers, 6130 Sunset Drive, to
consider the following items:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING SECTION, BA OF THE CITY'S CODE OF
ORDINANCES ENTITLED "CODE OF ETHICS' TO INCLUDE A
NEW SECTION Ell WHICH SECTION SHALL BE ENTITLED:
'CODE OF CONDUCT FOR ALL PUBLIC OFFICIALS ";
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. - 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 PRO-
VISIONS ALLOWING FOR THE ADMINISTRATIVE CREDIT-
ING OF ON- STREET PARKING SPACES AS REQUIRED
PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVID-
ING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SEC-
TION 20- 8.6(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; PRO-
VIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE..- .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE LAND DEVELOPMENT CODE; AMENDING REGULA-
TIONS PERTAINING TO BONUSES AND PARKING REDUC-
TIONS IN THE TRANSIT ORIENTED DEVELOPMENT DIS-
TRICT AND IN THE HOMETOWN OVERLAY ZONE IN ORDER
TO REQUIRE APPROVAL BY A FOURIFIFTHS VOTE OF THE
CITY COMMISSION AND SUSPENDING CERTAIN PROVI-
SIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS,
THEREBY ENABLING THE CITY TO EVALUATE RECOM-
MENDATIONS OF THE ZONING TASK FORCE, PARKING
BOARD, AND THE PLANNING BOARD PERTAINING TO THE
REDUCTION OF REQUIRED PARKING SPACES AND TO
PREPARE NECESSARY AMENDMENTS; PROVIDING THAT
ORDINANCES OR SECTIONS THEREOF IN CONFLICT
SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME
PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN.
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR'AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
AMENDING CHAPTER 14 ENTITLED 'EMERGENCY MAN-
AGEMENT;' CREATING SECTION 145.1 ENTITLED WATER
CONSERVATION AND EMERGENCY WATER RESTRICTION
ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT
AND POLICE ENFORCEMENT OF EMERGENCY WATER RE- '
STRICTION DECLARATIONS ISSUED BY THE SOUTH FLOR-
IDA WATER MANAGEMENT DISTRICT; PROVIDING FOR PO-
LICE ENFORCEMENT VIA CRIMINAL PROCESS OF STATE
LAW; AND DIVISION OF CODE COMPLIANCE ENFORCE
MENT THROUGH THE CITY'S CIVIL CITATION SYSTEM UN-
DER SECTION 2 -21, OF THE CITY'S CODE OF ORDINANC-
ES; PROVIDING FOR FINES AND APPEAL PROCESS; PRO-
VIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO
BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF
THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FI-
NANCE COMMITTEE; AMENDING MEMBERSHIP TERM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI-
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE AD VALOREM TAXATION; AMENDING CHAPTER 18 RE-
LATING TO TAXATION TO AMEND THE SENIOR CITIZEN EX-
EMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALI-
FIED INDIVIDUALS OVER THE AGE OF 65; WITH AN ANNUAL
INCOME UNDER $20,000 AND HOMESTEAD RESIDENCE
WITHIN THE CITY LIMITS WITH A'$50.000. AD VALOREM
TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000); PRO-
VIDING FOR SEVERALBILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.'
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND
DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A
MIXED USE DEVELOPMENT PROJECT IN THE - SR(HD -OV)-
SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TC
SECTIONS 20 -7.88, 20- 7.108, 20 -7.11 IN ORDER TO: (1) AL
LOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE
FEET WHICH EXCEEDS THE MAXIMUM 601% LOT COVER
AGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50
LOT COVERAGE ON SW 74th STREET, (2) ALLOW A BUILD
ING TO EXCEED THE MAXIMUM PERMITTED BUILDING
SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW)
CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LO
CATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LO
CATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES It
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSIOl'
OF THE CITY OF SOUTH MIAMI, FLORIDA PURSUANT TC
LAND DEVELOPMENT CODE SECTION 20.5.19(EX3) RE
QUESTING THE ISSUANCE OF A CERTIFCATE OF APPRO
PRIATENESS FOR A SINGLE FAMILY RESIDENCE LOCAT
ED AT 6202 MILLER ROAD WITHIN AN RS- 3(HP -". REST
DENTAL SINGLE FAMILY (HISTORIC PRESERVATIOf
OVERLAY) ZONING DISTRICT (CAMBRIDGE LAWNS HIS
TORIC DISTRICT) IN ORDER TO PERMIT EXTERIOR RENC
VATION AND EXPANSION OF SECOND FLOOR; AND PUR
SUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITf
THE CERTIFICATE OF APPROPRIATENESS A REQUES"
TO: (1) GRANT A VARIANCE FROM SECTION 20- 3.5(E) T(
ALLOW FOR LOT COVERAGE TO BE 38% WHERE A MAXI
MUM 30% IS PERMITTED; (2) GRANT A VARIANCE FROA
SECTION 20- 3.5(E) TO ALLOW A SIDE STREET SETBACK OI
7 FOR THE FIRST FLOOR AND 12 FEET FOR THE SECONI
FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH FIRS"
AND SECOND FLOORS; PROVIDING AN EFFECTIVE DATE.
If you have any Inquiries on the above items please contact the
Clerk's office at: 305 - 663-6340
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
Ilc that if a person decides to appeal any decision made by this B
Agency or Commission with respect to any matter considered at its I
ing or hearing, he or she will need a record of the proceedings, and It
such purpose, affected person may need to ensure that a verbatim n
of the proceedings is made which record includes the testimony an
dente upon which the appeal is to be based.
514 07- 3.64182a