07-31-07 Item 5South Miami
All- America City
CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER a
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 Director
24 .
Date: July , 2007 ITEM No
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE IN ORDER
TO ADD A NEW SECTION 20- 4.4(N) TO PROVIDE A PROCEDURE REQUIRING THE ISSUANCE OF
• SPECIAL EVENTS PARKING PERMIT TO ALLOW 15 OR MORE CARS TO BE PARKED DURING
• SPECIAL EVENT IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE
Background: During recent meetings of the City Commission the subject: of special events held in residential
neighborhoods was discussed. QA special event in a residential neighborhood can result in large number of parked
cars on the site of the event and on the adjoining street, which can create severe inconvenience to a neighborhood as
well as damage to swale areas and other properties. The Commission felt that the City has an obligation to protect
residential neighborhoods from excessive intrusion of parked cars and at the request of the Mayor the City Attorney
was directed to prepare an appropriate amendment to the Land Development Code.
Current LDC Regulations
The Land Development Code regulates the process for obtaining permits for valet parking and interim parking. In
addition, Land Development Code Section 20 -4.4 (L)(5) also regulates special event parking in SR, MO, and
TODD commercial zoning districts. The Code, however, contains no regulations to govern special event parking in
residential zone districts.
Proposed LDC Amendment
The proposed amendment to the Land Development Code would create a new Section 20 -4.4 (N) which would
require residents to obtain a special events parking permit from the City Manager when an event is expected to
exceed a certain threshold of parked cars on the property and /or on adjoining streets. The draft ordinance attached.
Parking Board Recommendation
The Parking Board at a special meeting on Tuesday, July, 3, 2007, reviewed the draft subject ordinance and
recommended that the ordinance should not be adopted. The Parking Board :members unanimously agreed that this
draft ordinance would legalize a problem which should be investigated by Code Enforcement and enforced through
current code and zoning regulations. In addition the proposed legislation does not address the problems identified in
the "Whereas 4 through 6" clauses in the draft ordinance.
Planning Board Action
The Planning Board at its July10, 2007 meeting adopted a motion by a vote of 6 ayes 0 nay recommending
disapproval of the proposed ordinance.
(2)
Recommendation
Based upon the recommendations of both the Parking Board and the Planning Board, it is recommended that the
proposed legislation not be considered and other enforcement alternatives explored.
Backup Documentation:
Draft Ordinance
Planning Department Staff Report 7 -10 -07
Planning Board Minutes excerpt 7 -10 -07
Public notices
JP /SAY
P: \Comm Items\2007 \7- 24- 07 \PB -07 -018 LDDC Amend Hearing CM Report.doc
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I
AN ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4.4 OF THE LAND
DEVELOPMENT CODE IN ORDER TO ADD A NEW SECTION 20- 4.4(N) TO
PROVIDE A PROCEDURE REQUMING THE ISSUANCE OF A SPECIAL EVENTS
PARKING PERMIT TO ALLOW 15 OR MORE CARS TO BE PARKED DURING A
SPECIAL EVENT IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the Land Development Code regulates the process for obtaining
permits for valet parking, interim parking, and special events parking in commercial zone
districts; and
WHEREAS, Land Development Code Section 20 -4.4 (L)(5) currently regulates
special event parking in SR, MO, and TODD commercial zoning districts; and
WHEREAS, the Land Development Code currently contains no regulations to
govern special event parking in residential zone districts; and
WHEREAS, special events held in residential neighborhoods can result in large
number of parked cars on the site of the event and on the adjoining street, which can
create severe inconvenience to a neighborhood as well as damage to swale areas and
other properties; and
WHEREAS, the City of South Miami has an obligation to protect residential
neighborhoods from excessive intrusion of parked cars; and
WHEREAS, the Planning Department has prepared an appropriate amendment
to Section 20 -4.4 of the Land Development Code which would require residents to
obtain a special events parking permit from the City Manager when an event is expected
to exceed a certain threshold of parked cars on the property and /or on adjoining streets;
and
WHEREAS, the Planning Board at its July 10, 2007 meeting, after public hearing,
by a vote of 6 ayes and 0 nays approved a motion recommending disapproval of the
proposed Land Development Code amendment contained in this ordinance; and
WHEREAS, the City Commission desires to approve and enact the proposed
amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
2
1 Section 1. That a Scribner's error in the title of current Section 204.4 (L)(5) of the Land
2 Development Code is hereby corrected and enacted to read as follows:
3
4 Section 20 -4.4 (L)
5 (4) LTqjSpecial Events Parking Permit- Commercial
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7
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9 Section 2. That a new Section 20 -4.4 (N) to be entitled "Special Events Parking Permit -
10 Residential" is hereby enacted and will read as follows:
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13 (N) Special Events Parking Permit - Residential
14 In RS, RT, RM, and RO residential zoning districts due to the limited land
15 available for parking and the impacts on residential communities from single
16 occurrence events, a special event parking permit will be required for all events
17 w_ here fifteen or more cars are expected to be parked at one time on or
18 immediately surrounding the subject residence. In such instances, special event
19 parking shall be permitted by the City Manager subject; to the following criteria:
20
21 (a) A permit application must be submitted to the Planning
22 Department. There shall be no permit application fee;
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24 (b) The proposed event shall not exceed one day and may be renewed
25 once for an additional five days;
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27 (c) A site plan which delineates where the vehicles will be parked is
28 submitted;
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30 (d) The City may impose requirements and conditions to the special
31 event parking permit to mitigate impacts on the surrounding
32 residences;
33
34 (e) The City may revoke the permit or deny future special event
35 parking permits if the City Manager determines that the use is not
36 in compliance with the LDC or is causing a public nuisance;
37
38 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
39 ordinance are hereby repealed.
40
41 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
42 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
43 affect the validity of the remaining portions of this ordinance.
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45 Section 5. This ordinance shall be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1 sc Reading —
2 °a Reading —
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of 52007
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman:
P: \Comm Items \2007 \7- 24- 07\PB -07 -019 LDC Amend Sp. Event Parking Ord.doc
o� s °Ux �r South Miami
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All- Amedca City
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INCORPORATED
1927
O R Vo
2001
To: Honorable Chair & Date: July 10, 2007
Planning Board Members
From: Julian Pe
Director of P anning
Re: LDC Amendment
Special Event Parking Residential
PB -07 -019
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 OF THE LAND DEVELOPMENT CODE IN
ORDER TO ADD A NEW SECTION 20- 4.4(15) TO PROVIDE A PROCEDURE REQUIRING
THE ISSUANCE OF A SPECIAL EVENTS PARKING PERMIT TO ALLOW 15 OR MORE
CARS TO BE PARKED DURING A SPECIAL EVENT IN RESIDENTIAL ZONING
DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Land Development Code regulates the process for obtaining permits for valet parking, interim
parking. In addition Land Development Code Section 20 -4.4 (L)(5) also regulates special event parking
in SR, MO, and TODD commercial zoning districts. The Code, however, contains no regulations to
govern special event parking in residential zone districts. Special events held in residential
neighborhoods can result in large number of parked cars on the site of the event and on the adjoining
street, which can create severe inconvenience to a neighborhood as well as damage to swale areas and
other properties.
During recent meetings of the City Commission this subject was discussed in relationship to several
locations at which special events did cause problems in the surrounding rieighbcrhood. The Commission
felt that the City has an obligation to protect residential neighborhoods from excessive intrusion of parked
cars and at the request of the Mayor the City Attorney was directed to prepare an appropriate amendment
to the Land Development Code.
PROPOSED LEGISLATION
The proposed amendment to the Land Development Code would create a. new Section 20 -4.4 (N) which
would require residents to obtain a special events parking permit from the City Manager when an event is
expected to exceed a certain threshold of parked cars on the property and/or on adjoining streets. The
draft ordinance attached.
PARKING BOARD RECOMMENDATION
The Parking Board at a special meeting on Tuesday, July, 3, 2007, reviewed the draft subject ordinance
and recommended that the ordinance should not be adopted. The Parking Board members unanimously
agreed that this draft ordinance would legalize a problem which should be investigated by Code
Enforcement and enforced through current code and zoning regulations. In addition the proposed
LDC Amend Sp .Parking Permit
July 10, 2007.
Page 2 of 2
legislation does not address the problems
ordinance.
Attachments:
Draft Ordinance
identified in the "Whereas 4 through 6" clauses in the draft
JP /SAY
P:\PB\PB Agendas Staff Reports\2007 Agendas Staff Reports \7- 10- 07\PB -07 -019 Me Amend Sp. Event Parking PD Report.doe
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 10, 2007
City Commission Chambers
7:30 P.M.
-C�
PT
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: Mr. Davis, Mr. Farfan, Ms. Young, Ms.
Chael, and Ms. Beckman. Board Members Absent: Ms. Yates
City staff present: Julian H. Perez (Planning Director), Sanfbrd A. Youkilis (Planning
Consultant), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications / Public Hearing
PB -07 -019
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 OF THE LAND
DEVELOPMENT CODE IN ORDER TO ADD A NEW SECTION 20- 4.4(N) TO
PROVIDE A PROCEDURE REQUIRING THE ISSUANCE OF A SPECIAL
EVENTS PARKING PERMIT TO ALLOW 15 OR MORE', CARS TO BE PARKED
DURING A SPECIAL EVENT IN RESIDENTIAL ZONING DISTRICTS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
Action: Ms Beckman read the ordinance into the record.
The Land Development Code regulates the process for obtaining permits for valet parking,
interim parking. In addition, Land Development Code Section 20 -4.4 (L)(5) also regulates
Planning Board Meeting
Page 2 of 3
special i event parking in SR, MO, and TODD commercial zoning districts. The Code,
however, contains no regulations to govern special event parking in residential zone
districts. Special events held in residential neighborhoods can result in large number of
parked !cars on the site of the event and on the adjoining street, which can create severe
inconvenience to a neighborhood as well as damage to swale areas and other properties.
During recent meetings of the City Commission this subject was discussed in relationship
to several locations at which special events did cause problems in the surrounding
neighborhood. The Commission felt that the City has an obligation to protect its residential
neighborhoods from excessive intrusion of parked cars and at the request of the Mayor the
City Attorney was directed to prepare an appropriate amendment to the Land Development
Code.
The proposed amendment to the Land Development Code would create a new Section 20-
4.4(N) which would require residents to obtain a special events parking permit from the
City Manager when an event is expected to exceed a certain threshold of parked cars on the
property and /or adjoining streets. The draft ordinance was attached.
Recommendations: Staff made no recommendation.
Ms. Young questioned why staff had no recommendation for the ordinance. Mr. Perez
replied that staff found the ordinance unnecessary. She further questioned whether the
ordinance would prevent her from having a gathering with thirty persons at her home. Mr.
Perez responded that it would require her to go to the Planning Department and apply for a
permit as well as provide staff with a site plan indicating where parking would be
accommodated. Ms. Young added she finds no fairness with the ordinance. If the city has
special events and allows residents to park on swales then why is the resident not allowed
to do as the City and park 25 cars without a permit. Mr. Perez responded he finds the
situation to be more of an enforcement problem therefore staff sees no need for the
ordinance. The intent of the ordinance is to have the applicant inform the City where the
vehicles would be located.
Mr. Morton added that there are no procedures regulating what the site plan should look
like; should it be a map, a sketched or written plan. Who determines whether or not there
is compliance, and what are the penalties if you do not or do apply. There could be a need
for the ordinance however the proposed ordinance does not address the components of the
administrative process, time frames, and penalties. For this matter he finds it incomplete
leaving too many unanswered questions.
Ms. Chael stated that in everyday situations many residents hold special events therefore
she finds the act should be more of a courtesy than enforcement. She questioned the
reason behind preventing these special events. Mr. Perez mentioned that the Parking
Board had the same concerns and for that reason the members voted against the ordinance.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT/OPPOSE
Cathy McCann 5820 SW 87 Street Oppose
Planning Board Meeting
Page 3 of 3
Ms. McCann stated the ordinance was drafted because there was a similar situation in a
neighborhood. There was someone operating an office and having people /vehicles come
and go',; Operating a business out of a residential neighborhood is not allowed in a
residential neighborhood unless a permit was granted. Until the city places a sign stating
no parking allowed anyone may park in the swale area as long as the homeowner driveway
is not blocked. It should be voted against because it infringes on all of the persons rights.
Motion: Ms. Beckman moved to recommended disapproval of ordinance. Ms. Young
seconded.
Vote: 6 Ayes 0 Nays
P:\PB\PB Minutes\2007 MinutesTB Mins 07- 10- 07.doc