05-15-07 Item 18South Miami
AR-America City
1 f
CITY OF SOUTH MIAMI
�NCOR9P27A7EUp, 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: April 24, 2007 ITEM No.
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE;
AMENDING REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN
THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN
OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF
THE CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR
THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS,
THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS 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
Request: In 1999, the City Commission adopted a limited nine month parking moratorium Ordinance (No. 8 -99-
1682) affecting certain provisions of the Land Development Code which allowed for automatic reductions in
required parking. Th legislation was a reaction to the impact of the Shops of Sunset, and its purpose was to afford
the city staff and citizens enough time to review the parking provisions in the Land Development Code and
recommend amendments, if necessary. The moratorium was placed on three parking sections in the Land
Development Code which allowed for reduced parking requirements in the Hometown District and in the vicinity
of the Metro -Rail station.
The moratorium has been extended six times in order to allow for a completion of a downtown parking study, a re-
draft of the Land Development Code, special studies done by the Parking Board, the Planning Board, and the City
Commission.. All of these recommendations are now complete and can provide specific amendments to modify the
provisions currently under moratorium or suspension. These recommendations will be placed in ordinance form for
presentation to the Planning Board and City Commission. The adoption of the ordinance will require a final
extension of the moratorium ordinance.
The last extension of the moratorium was adopted August 1, 2006, (Ordinance No. 18 -06- 1886), and will expire on
May 1, 2007. The ordinance currently in effect carried forward the moratorium and suspension provisions adopted
in 1999 and included two new provisions which expanded the moratorium. These were:
(2)
• Section 20 -7.6 (C) Land Development Code - limitation of the type of development which is allowed to make
payments into the Parking Infrastructure Trust Fund in lieu of providing required spaces;
• Section 20 -8.10 Land Development Code, entitle B077us Allocations - suspending certain parking space
reductions provided in the TODD as part of the bonus allocations chart.
Recommendation:
It is recommended that the same provisions in the August 2006 parking moratorium ordinance be extended
(adopted) for a final additional nine months.
Backup Documentation:
Draft Ordinance
2006 Ordinance (No. 18 -06 -1886)
1999 Ordinance
Public notices
JP /SAY
PAComm Items\2007 \4- 24- 07\Parking moratorium Exten CM Cover report.doc
4
ORDINANCE NO.
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH 1VIIAMI,, FLORIDA, RELATING TO THE
6 LAND DEVELOPMENT CODE; AMENDING REGULATIONS
7 PERTAINING TO BONUSES AND PARKING REDUCTIONS IN
8 THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD)
9 AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO
10 REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY
11 COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT
12 ALLOW FOR THE REDUCTION OF REQUIRED PARKING
13 SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY
14 ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF
15 THE ZONING TASK FORCE, PARKING BOARD, AND THE
16 PLANNING BOARD PERTAINING TO THE REDUCTION OF
17 REQUIRED PARKING SPACES AND TO PREPARE NECESSARY
18 AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS
19 THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND
20 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
21 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
22 AN EFFECTIVE DATE
23
24 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), 20- 7.6(B), Section 20 -7.6 (C) and Section 20-
25 8. 10, of the Land Development Code allows for reductions in required off street parking or allow
26 for the ability to make a payment in lieu of providing required parking spaces; and
27
28 WHEREAS, the impact of the Shops of Sunset on the downtown and TODD area parking
29 supply has highlighted the need to reevaluate parking regulations contained within the Land
30 Development Code; and
31
32 WHEREAS, the City Commission at its meeting on May 4, 1999, adopted Ordinance No. 8-
33 99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in
34 order to require approval by a four /fifths vote of the City Commission and suspending the Land
35 Development Code sections referred to above for a period of nine months ;and
36
37 WHEREAS, the City Commission at several subsequent meetings, adopted ordinances
38 extending for additional periods the amendments and suspensions of the Land Development Code
39 sections referred to above; and
40
41 WHEREAS, at the City Commission meeting on May 2, 2006, it was requested that the
42 moratorium ordinance be expanded to modify certain provisions in Section 20 -7.6 (C), Land
43 Development Code which permits payment into the Parking Infrastructure Trust Fund in lieu of
44 providing required spaces; and to extend the moratorium to parking space reductions provided
45 Section 20 -8.10, Land Development Code, entitled TODD — Bonus Allocations; and
46
47 WHEREAS, the amendments and suspensions of the Land Development Code sections
48 referred to above were adopted for a nine month period by Ordinance No. 18 -06 -1886 at the City
49 Commission meeting on August 1, 2006, and will expire on May 1, 2007; and
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51 WHEREAS, the purpose of the moratorium was to afford staff and citizens an adequate time
52 period to reevaluate the City's parking regulations and propose any necessary changes; and
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(2)
WHEREAS, the necessary evaluation and studies carried out by the Zoning Task Force, the
Parking Board, the Planning Board and City Commission are sufficiently completed to allow for
the final preparation and adoption of proposed amendments; and
WHEREAS, it is appropriate to provide a final nine (9) month extension of the moratorium
in order to draft legislation, conduct public hearings, and adopt the proposed revisions to the
sections of the Land Development Code which allow for parking reductions; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B),
Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided
for in Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the Land
Development, are hereby amended as set forth below for a period of nine (9) months for the
purpose of reviewing the effects and appropriateness of the adjustment provisions on the future
developments, as follows:
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
1. On- street 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.
2. Where arcades are optional, buildings with arcades shall receive an additional five
(5) percent reduction in the required number of spaces.
3. In addition to the above, one of the following may apply:
a. Two -story buildings shall receive a fifteen (15) percent reduction in the
required number of spaces.
b. Buildings of two (2) or more stories with uses from two (2) of the three (3)
use categories provided herein under "Permitted Uses," each use
constituting no less than thirty (30) percent of the gross floor area, shall
receive a thirty (30) percent reduction in the required number of spaces.
C. Buildings of three (3) or more stories with uses from each of the three (3)
use categories provided herein, each use constituting no less than twenty -
five (25) percent gross floor area, shall receive a forty-five (45) percent
reduction in the required number of spaces.
4. For new buildings greater than 25,000 square feet, changes of use and additions
greater than 10,000 square feet, the allowable parking adjustments identified in
subparagraphs (2) and (3), above, shall require the affirmative vote of four (4)
members of the City Commission and follow those procedures established for
special use permits as set forth in Section 20- 5.8(B) through (F), Land
Development Code and shall follow those procedures for public hearings set forth
in Section 20 -5.1 through 20 -5.6, Land Development Code.
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(3 )
5. For new buildings not exceeding 25,000 square feet, changes of use and additions
not exceeding 10,000 square feet, the allowable parking adjustments identified in
subparagraphs (2) and (3), above, shall continue to be as provided.
6. For replacement of an existing building, completely damaged due to natural or
man made disaster, the allowable parking adjustments identified in subparagraphs
(2) and (3), above, shall continue to be as provided.
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section 20 -7.12
for each permitted use. The appropriate reduction in parking spaces shall then be
calculated as provided in Section 20 -7.6B above. If the reduction calculated
includes a fraction less than a whole number, the reduction calculated shall be
rounded up and subtracted from the required (unadjusted) number of spaces to
determine the adjusted parking requirement.
(2) The difference between the number of spaces provided, including on street
parking, and the number of spaces required shall then be determined. If there are
fewer spaces provided than required for existing structures only, the applicant must
pay into the Parking Infrastructure Trust Fund a fee, as determined from time to
time by the parking committee, reflecting the actual land and construction costs for
parking, for each space required but not provided. Monies paid into the Parking
Infrastructure Trust Fund shall be placed in a trust account separate from general,
funds and may be used only for improvements to the city parking infrastructure to
increase parking capacity or to enhance use of existing parking capacity.
(3) Historic or contributive buildings are exempt from all parking requirements.
(4) Any changes in use in a building will require a re- calculation in the required
parking pursuant to (B) above. If the new combination of uses requires additional
parking spaces, a fee, as determined from time to time by the parking committee,
must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are
required, no refunds will be paid.
Section 2: Section 20- 4.4(H), Land Development Code, entitled "The Metro -Rail
Usage Consideration via Special Parking Permit," is hereby suspended for a period of nine (9)
months for the purpose of evaluating the effects and appropriateness of this provision on future
developments.
Section 3: Section 20- 4.4(G), Land Development Code, entitled "Joint Use Spaces
via Special Parking Permit," is hereby suspended for developments within the boundaries of the
Hometown District for a period of nine (9) months for the purpose of evaluating the effects and
appropriateness of this provision on future developments within the Hometown District.
Section 4: Section 20 -8.10, Land Development Code, entitled "Bonus allocations," is
hereby modified as set forth below to eliminate the parking reductions and parking bonuses for
developments within the boundaries of the TODD for a period of nine (9) months for the purpose
of evaluating the effects and appropriateness of this provision on future developments within the
TODD District.
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(4)
20 -8.10 Bonus allocations.
Action
Bonus
€ls
JPadorgroond a
ai,..._,. ,r_....:a,.n"
For every 1 floor of
1 additional floor of
residential use
residential use with the
minimum parking
requirement (two (2) cars
per residential use)
Public plaza -min. 5,000 sq.
One (1) additional floor
ft. and art work in plaza
setting
Develop full frontage with
One (1) additional floor
street design as part of
pedestrian walk-way system
Develop "cross- thru's"
One (1) additional floor
from street to public open
space as part of pedestrian
walk - system, on owner's
property (maintenance
required in Section 20-
8.15
For those properties that
back up to public open
space or easement.
Buildings may be built in
rear to within 5' of rear
property or easement line.
in a
aeoufflulation
gEEt- fg��J��ga�rJ�f�-t� aix�tco � oxvpxxxcxxc xvx v� xxxc �YY
Section 5: . All ordinances, resolutions and parts thereof, in conflict with this
ordinance shall not be in force and effect during the time period of this ordinance.
Section 6: 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.
Section7: This ordinance shall take effect immediately at the time of its passage.
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(5)
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
PAComm Items\2007 \4- 24- 07\Parking moratorium Extension Ord 2007.doe
2007
APPROVED:
MAYOR
CITY COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman
ORDINANCE NO. 18-06-1886
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
LAND DEVELOPMENT CODE; AMENDING REGULATIONS
PERTAINING TO PARKING REDUCTIONS IN THE HOMETOWN
OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A
FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND
SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE
REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD
OF NINE MONTHS, THEREBY ENABLING THE CITY TO
EVALUATE RECOMMENDATIONS OF THE ZONING TASK
FORCE, PARKING COMMITTEE, 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
WHEREAS, Sections, 20- 4.4(G), 20- 4.4(H), and 20- 7.6(B) of the South Miami Land
Development Code all allow for a reduction in required off street parking; and
WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has
highlighted the need to reevaluate parking regulations contained within the South Miami Land
Development Code; and
WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8-
99- 1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in
order to require approval by a four /fifths vote of the City Commission and suspending the Land
Development Code sections referred to above for a period of nine months ;and
WHEREAS, the City Commission at several subsequent meetings, adopted ordinances
extending for additional periods the amendments and suspensions of the Land Development Code
sections referred to above; and
WHEREAS, the amendments and suspensions of the Land Development Code sections
referred to above expired on April 26, 2006; and
WHEREAS, the purpose of the amendments and the suspensions was to afford staff and
citizens an adequate time period to reevaluate the City's parking regulations and propose any
necessary changes; and
WHEREAS, the necessary evaluation and studies carried out by the Zoning Task Force, the
Parking Committee, and the Planning Board are sufficiently completed to determine what
amendments are needed; and
WHEREAS, the at the City Commission meeting on May 2, 2006 it was requested that
consideration be given to extending the moratorium to Section 20 -7.6 (C) which permits payment
into the Parking Infrastructure Trust Fund in lieu of providing required spaces; and extending the
Page 1 of 5
Ord. No. 18 -06 -1886
moratorium to the parking space reductions provided Section 20 -8.10, TODD —Bonus Allocations;
and
WHEREAS, it is appropriate to provide an additional nine (9) months to draft legislation,
conduct public hearings, and adopt the proposed revisions to the sections of the Land Development
Code which allow for parking reductions; and
WHEREAS, the Planning Board at its May 30, 2006 meeting, after a public hearing,
adopted a motion by a vote of 6 ayes 0 nays, recommending approval of the proposed ordinance
which re- instates and expands the parking moratorium.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B)
entitled "Required Parking," and the payment in lieu of parking provided for in Section 20 -7.6 (C)
(2) entitled "Procedure" of the South Miami Land Development, are hereby amended as set forth
below for a period of nine (9) months for the purpose of reviewing the effects and appropriateness
of the adjustment provisions on the future developments, as follows:
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
1. On- street spaces adjacent to a lot shall count toward the parking requirements for
that lot; a partial space longer than 11' shall count as a full space.
2. Where arcades are optional, buildings with arcades shall receive an additional 5%
reduction in the required number of spaces.
In addition to the above, one of the following may apply:
a. Two -story buildings shall receive a 15% reduction in the required number
of spaces.
b. Buildings of two or more stories with uses from two of the three use
categories provided herein under "Permitted Uses," each use constituting
no less than 30% of the gross floor area, shall receive a 30% reduction in
the required number of spaces.
C. Buildings of three or more stories with uses from each of the three use
categories provided herein, each use constituting no less than 25% gross
floor area, shall receive a 45% reduction in the required number of spaces.
4. For new buildings greater than 25,000 sqft., changes of use and
additions greater than 10,000 square feet, the allowable parking
adiustments identified in subparagraphs (2) and (3), above, shall
remiire the affirmative vote of four (4) members of the Citv
permits as set forth in Section 20 -5.8(B) through (Fl, and shall follow
those procedures for public hearings set forth in Section 20 -5.1 through
20 -5.6.
Page 2 of 5
Ord. No. 18 -06 -1886
5. For new buildings not exceeding 25,000 sqft., changes of use and
additions not exceeding 10,000 square feet, the allowable parking
adjustments identified in subparagraphs (2) and (3), above, shall
continue to be as provided.
6. For replacement of an existing building, completely damaged due to
natural or man made disaster, the allowable parking adjustments
identified in subparagraphs (2) and (3), above, shall continue to be as
provided.
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section
20 -7.12 for each permitted use. The appropriate reduction in parking spaces
.shall then be calculated as provided in Section 20 -7.613 above. If the
reduction calculated includes a fraction less than a whole number, the
reduction calculated shall be rounded up and subtracted from the required
(unadjusted) number of spaces to determine the adjusted parking
requirement.
(2) The difference between the number of spaces provided, including on street
parking, and the number of spaces required shall then be determined. If
there are fewer spaces provided than required for existing structures only,
the applicant must pay into the Parking Infrastructure Trust Fund a fee, as
determined from time to time by the parking committee, reflecting the
actual land and construction costs for parking, for each space required but
not provided. Monies paid into the Parking Infrastructure Trust Fund shall
be placed in a trust account separate from general funds and may be used
only for improvements to the city parking infrastructure to increase parking
capacity or to enhance use of existing parking capacity.
(3) Historic or contributive buildings are exempt from all parking requirements.
(4) Any changes in use in a building will require a re- calculation in the required
parking pursuant to (B) above. If the new combination of uses requires
additional parking spaces, a fee, as determined from time to time by the
parking committee, must be paid into the Parking Infrastructure Trust Fund.
If fewer spaces are required, no refunds will be paid.
Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via
Special Parking Permit," is hereby suspended for a period of nine (9) months for the purpose of
evaluating the effects and appropriateness of this provision on future developments.
Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit,"
is hereby suspended for developments within the boundaries of the Hometown District for a
period of nine (9) months for the purpose of evaluating the effects and appropriateness of
this provision on future developments within the Hometown District.
Page 3 of 5
Ord. No. 18 -06 -1886
Section 4: Section 20 -8.10, entitled "Bonus allocations," is hereby modified as set
forth below to eliminate the parking reductions and parking bonuses for developments within the
boundaries of the Transit Oriented Development District (TODD) for a period of nine (9) months
for the purpose of evaluating the effects and appropriateness of this provision on future
developments within the TODD District.
20 -8.10 Bonus allocations.
Action
Bonus
eemated4n4ota6
;Wndergmund Parking
4=sdd4tiaa-I floor- of office
For every 1 floor of
1 additional floor of
residential use
residential use with the
minimum parking
requirement (two (2) cars
per residential use)
Public plaza -min. 5,000 sq.
One (1) additional floor
ft. and art work in plaza
setting
Develop full frontage with
One (1) additional floor
street design as part of
pedestrian walkway system
Develop "cross - thru's"
One (1) additional floor
from street to public open
space as part of pedestrian
walk - system, on owner's
property (maintenance
required in Section 20-
8.15)
For those properties that
back up to public open
space or easement.
Buildings may be built in
rear to within 5' of rear
property or easement line.
in no eqent eft-ftwat-se
Section 5: The ordinance shall not apply to any development for which an application
for development permit was submitted prior to the I' reading.
Section 6: All ordinances, resolutions and parts thereof, in conflict with this
ordinance shall not be in force and effect during the time period of this ordinance.
Section 7: 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 8: This ordinance shall take effect immediately at the time of its passage.
Page 4 of 5
Ord. No. 18 -06 -1886
PASSED AND ADOPTED this 1St day of August 2006.
ATTEST:
( - "CIT��CLE
K
READ AND APPROVED AS TO FORM:
CI ORNEY
APPROVED:
MAYOR
1st Reading: 1/25/06
2nd Reading: 8/1/06
CITY COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Sirts:
Commissioner Beckman:
E: \Comm Items\2006\7- 18- 06\Parking moratorium Extension Ord 2006.doc
Page 5 of 5
5 -0
Yea
Yea
Yea
Yea
Yea
i
so
I B- 99 -1682
2 ORDINANCE NO.
3 _
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
6 DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN
7 PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
g PARKING SPACES, FOR A PERIOD OF NINE MONTHS,. THEREBY
9 ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT
10 SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY,
11 EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND
12 PREPARE NECESSARY AMENDMENTS; PROVIDING THAT
-13 ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND
14 EFFECT DURING THIS TD%4E PERIOD; PROVIDING FOR
15 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
16 DATE.
17
18 WHEREAS, the Mayor and City Commission continue to support.and promote
19 growth that is responsible and that contributes positively to the well being of the
20 community; and
21
22 WHEREAS, the Mayor and City Commission are committed to encouraging and
23 supporting the small property owners and local merchants in the development and
24 redevelopment of their pr9Perties; and
25
26 WHEREAS, the Mayor and Commission wish to respond to the impact of The
27 Shops at Sunset Place on the downtown parking supply; and '
28
24 WHEREAS, the impact of the Shops at Sunset Place on. the downtown parking
30 supply has highlighted the need to reevaluate the parking regulations contained in. the
31 South Miami Land Development Code; and
32.
33 WHEREAS, the Mayor and City Commission desire to afford City Staff and
34 citizens with an adequate time period to reevaluate the City's parking regulations and
35 propose any necessary changes; and
36
37 - `AREAS, the Mayor and City Commission find that it is in public interest to
38 modify and suspend certain parking provisions in the Land Development Code; and
39
40 WHEREAS, both the Planning Board and the Hometown District Parking
41 Committee have reviewed and approved the ordinance with comments which are
.42 incorporated herein and
43 '
to provide leadership in
44 WHEREAS; the Mayor and City Commission continue
• 45 areas of community concerns.
.46
47 tznW_ THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY
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Section 1: The automatic parking adjustments allowed pursuant to Section 2(
7.6(B) of the South Miami Land Development. entitled "Required Parking," are hereby
modified for a period of nine (9) months for the Y
appropriateness of the adjustment provisions on hepfuture developments, follows: d
(B) Required Parking. Within the Hometown District, the following adjustments to tl
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
1. 4n- street spaces adjacent to a lot shall count toward the parkin,
space. lot; a
requirements for that partial space longer than 11' shall count as a fuI
2__ Where arcades are optional, buildings with arcades shall receive an
additional 5% reduction in the required number of spaces.
3. In addition to the above, one of the following may apply.
a- Two -story buildings shall receive a 15% reduction in the required
number of spaces.
b- Buildings of two or more stories with uses from two of the three use
categories provided herein under "Permitted Uses," each use
constituting no Iess than 30% of the 'gross floor area, shall receive a
30% reduction in the required number of spaces.
C. Buildings of three or more stories with uses from each of the three
use categories provided herein, each use constituting no less than
25% gross floor area, shall receive a 45% reduction in the required
number of spaces,
forth in Section 20 -5a 1 throueh 20 -5.6.
be as provided.
I Section 2: Section 20-4.4(H), entitled " Meo
2 Special Parking Permit," is hereby suspended for ae e od -Rail Usage Consideration
3 purpose of evaluating the effects and of
of this o9) months for
4 developments. provision on fu
5
6 Section 3: Sections 20- ¢,¢(G), entitled `:Joint Use Spaces via
7 Permit, is hereby suspended for developments within the boundaries of
8 District for a period of nine (9) months for the Special Park
Purpose of evaluating the Hometo.
9 appropriateness of this provision on future developments within the Hometown e effects a
10 District.
1 I
12 Section 4: The ordinance shall not apply to any develo me
application for development permit was submitted prior to the 1 s` reading. nt for which
I3 �
14 Section 5: All ordinances, resolutions and parts thereof, in co
IS ordinance shall not be in force and effect during the time period of conflict with thi
16 thus ordinance.
17 Sect_ ion 6: If any section, clause, sentence, or
18 reason _held invalid or unconstitutional b a court of competentf this ordinance is for any
19 shall not affect the validity of the remainin P Jurisdiction, the holding
20 g portions of this ordinance.
21 Sect, ion 7: This ordinance shall
22 passage, take effect immediately at the time of its
23
2
25- 4 PASSED AND ADOPTED this 4th day of May
1999.
26 ATTEST:
27
28 "Y
29 CITY CLERK
30
31 READ AND APPROVED AS TO FORM:
32
33 % %/r•2
34 CITY ATTORNEy
35
36 Ist Reading: 3%2/99
37 2nd Reading: 514199
38
39
40
41
42
43
44
45
46
47
48
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oltveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
MAY 13 f449
49 c:1 \parking modification study ord.doc\ Planning-
50 oard
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
J.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /Wa 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,
oeing a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 5/15/07 - ORD. AMENDING SEC 8A 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' advertis t for publication in the said
newspaper
Sworn to and subscribed before me this
04 day of MAY , A.D. 2007
l 4 oaad
(SEAL)
O.V. FERBEYRE personally known to me
R Cheryl H Marmer
My COMM -33ion 00338559
4''w W Expires July Is. 2008
AN
CITY OF SOa1TH MIAMI
NOTICE OF IXIIBLIC HEARING
NOTICE IS HEREBY given that ft City Commission of the City of
South Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for 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. 8A OF THE CITY'S CODE OF
ORDINANCES ENTITLED "CODE OF ETHICS' TO INCLUDE A
NEW SECTION 8A -2, WHICH SECTION SHALL BE ENTITLED:
"CODE OF CONDUCT FOR ALL PUBLIC OFFICIALS ";
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVEDATE. -
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 204.4(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 20.8.8(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; PRO-
VIDING FOR SEVERABILRY, 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 MWMI, 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 -0V)'
SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TC
SECTIONS 20 -7.8B, 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 60% 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 BUILDINC
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.DISTRIC,
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 COMMISSIOt
OF THE CITY OF SOUTH MIAMI, FLORIDA PURSUANT TC
LAND DEVELOPMENT CODE SECTION 20.5.19(EX3) RE
QUESTING THE ISSUANCE OF A CERTIFICATE,OF APPRO
PRIATENESS FOR A SINGLE FAMILY RESIDENCE LOCAT
ED AT 6202 MILLER ROAD WITHIN AN RS- 3(HP -0V), RESI
DENTAL SINGLE FAMILY (HISTORIC PRESERVATiOt
OVERLAY) ZONING DISTRICT (CAMBRIDGE LAWNS HIS
TORIC DISTRICT) IN ORDER TO PERMIT EXTERIOR RENO
VATION AND EXPANSION OF SECOND FLOOR; AND PUR
SUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITI
THE CERTIFICATE OF APPROPRIATENESS A REQUES-
TO: (1) GRANT A VARIANCE FROM SECTION 20- 3.5(E) TC
ALLOW FOR LOT COVERAGE TO BE 38% WHERE A MAXI
MUM 30% IS PERMITTED; (2) GRANT A VARIANCE FROh
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, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
lie that d a person decides to appeal any decision made by this 8
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
i 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. -
5/4 07-3- 64/828