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07-19-05 Item 21To: Honorable Vice Mayor and Commission Members From: Mary S o✓tttt�Russell Mayor;�Ob" Date: July 19, 2005 ITEM No. A I Re: Modifying and suspending certain provisions of Land Development .Code relating to parking ORDINANCE v AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING 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 BACKGROUND The City Commission at its May 4, 1999 meeting adopted a limited parking moratorium ordinance (No. 8 -99 -1682) The ordinance was extended on four different occasions, the latest was adopted in June 2003 (Ord. No. 15 -03- 1799). The 2003 ordinance amended the original moratorium to be 60 months from May 4, 1999. The moratorium therefore ended on May 4, 2004. The moratorium ordinance was in 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 LDC which allowed for reduced required parking in the Hometown District. These were: (1) Sec. 20 -4.4 (H) Metro Rail Usage Consideration. Allows 50% reduction in parking if within 1500 feet of the MetroRail Station; (2) Sec.20 -4.4 (G) Joint Use Spaces- Allows parking reductions if there is a mix of uses; (3) Sec.20 -7.6 (B) Hometown Adjustments. Allows for parking reductions for certain features (arcades) or for mixed uses in multi -story buildings. The City Commission was permitted to waive the moratorium if approved by a vote of four members. It is important to note that during the period the moratorium was in effect there have been no special requests to waive the restrictions. (2) MORATORIUM EXTENSION The purpose of the moratorium was to temporarily ,hold on allowing parking reductions until a parking study could be completed. The moratorium was extended several times in order to allow amendments to the parking regulations to be finalized and adopted. The Zoning Task Force, the Parking Committee and the Planning Board have now completed recommendations, amending these sections of the Code and should be presented to the City Commission in the fall. It is also important to note that a downtown study completed in 2004 indicates that a significant deficit in parking spaces does exist. At a Planning Board meeting in March 2005 an applicant for a restaurant special use approval stated that he would prefer to meet a nine parking space deficit by using the parking reductions allowed by LDC Section 20 -4.4 (H) which recognizes joint uses in the Hometown District and allows a percentage reduction of spaces. The Planning Department immediately took the position that the use of the parking reductions under the expired moratorium is not appropriate based upon the downtown parking study and the fact that new parking amendments will eliminate these provisions entirely. For this reason the Administration has initiated the process to re- instate the same moratorium for an additional nine months. This extension will require the adoption of an up- dated ordinance which is attached. PLANNING BOARD ACTION The Planning Board at its May 10, 2005 meeting, after a public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed ordinance re- instating the previous parking moratorium be approved. RECOMMENDATION It is recommended that the attached proposed ordinance re- instating the parking moratorium for an additional nine months be approved on first reading. Attachments: Proposed Ordinance Re- instating, 2005 Moratorium Ordinance 1999 Extension Ordinance, 2003 LDC Sec 20- 4.4(H) and (G), Sec 20 -7.6 Planning Board Meeting Excerpt 5 -10 -05 MD/DOD / 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING 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, modifying 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 modifications and suspensions of the Land Development Code sections referred to above; and WHEREAS, the modifications and suspensions of the Land Development Code sections referred to above expired on June 3, 2004; and WHEREAS, the purpose of the modifications 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, 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 10, 2005 meeting, after a public hearing, adopted a motion by a vote of 5 ayes 0 nays, recommending approval of the proposed ordinance which re- instates the parking moratorium. 1 (2) 2 3 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 5 6 Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7 7.6(B) of the South Miami Land Development, entitled "Required Parking," are hereby 8 modified for a period of nine (9) months for the purpose of reviewing the effects and 9 appropriateness of the adjustment provisions on the future developments, as follows: 10 11 (B) Required Parking. Within the Hometown District, the following adjustments to the 12 number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: 13 14 1. On- street spaces adjacent to a lot shall count toward the parking 15 requirements for that lot; a partial space longer than I V shall count as a full 16 space. 17 18 2. Where arcades are optional, buildings with arcades shall receive an 19 additional 5% reduction in the required number of spaces. 20 21 3. In addition to the above, one of the following may apply: 22 23 a. Two -story buildings shall receive a 15% reduction in the required 24 number of spaces. 25 26 b. Buildings of two or more stories with uses from two of the three use 27 categories provided herein under "Permitted Uses," each use 28 constituting no less than 30 % of the gross floor area, shall receive a 29 30% reduction in the required number of spaces. 30 31 C. Buildings of three or more stories with uses from each of the three 32 use categories provided herein, each use constituting no less than 33 25% gross floor area, shall receive a 45% reduction in the required 34 number of spaces. 35 36 4. For new buildings greater than 250,000 sqft., changes of use and 37 additions greater than 10,000 square feet, the allowable parking 38 adjustments identified in subparagraphs (2) and (3), above, shall 39 require the affirmative vote of four (4) members of the City 40 Commission and follow those procedures established for special use 41 permits as set forth in Section 20- 5.8(B) through (F), and shall follow 42 those procedures for public hearings set forth in Section 20-5.1 through 43 20 -5.6. 44 45 5. For new buildings not exceeding 250,000 sgft , changes of use and 46 additions not exceeding 10,000 square feet, the allowable parking 47 adjustments identified in subparagraphs (2) and (3), above, shall 48 continue to be as provided. 49 50 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 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. 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. Section 4: The ordinance shall not apply to any development for which an application for development permit was submitted prior to the lst reading. 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. Section 7: This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 2005. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR CITY COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper Commissioner Sherar: EAComm Items \2005 \7 -19 -05 \Parking moratorium Extension Ord 2005.doc 1 8-99 -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 8 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 TIME 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 properties; 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 29 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 WHEREAS, 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 44 WHEREAS, the Mayor and City Commission continue to provide leadership in 45 areas of community concerns. 46 47 48 NOW, THEREFORE. BE IT ORDA NI ED BY THE MAYOR AND CITY 49 COMMISSION OF THE CITY OF SOUTH MIAMMI, FLORIDA:- - - I Section 1: The automatic parking adjustments allowed pursuant to Section 20- 2 7.6(B) of the South Miami Land Development, entitled "'Required Parking," are hereby 3 modified for a period of nine (9) months for the purpose of reviewing the effects and 4 appropriateness of the adjustment provisions on the future developments, as follows: 5 6 (B) Required Parking. Within the Hometown District, the following adjustments to the 7 _ number of parking spaces required by Section 20-4.4 (B) of the Code are provided: 8 9 1. On- street spaces adjacent to a lot shall count toward the parking 10 requirements for that lot; a partial space longer than I V shall count as a full I I space. 12 13 2. Where arcades are optional, buildings with arcades shall receive an 14 additional 5 % reduction in the required number of spaces. 15 16 3. In addition to the above, one of the following may apply: 17 18 a. Two -story buildings shall receive a 15% reduction in the required 19 number of spaces. 20 21 b. Buildings of two or more stories with uses from two of the three use 22 categories provided herein under "Permitted Uses, each use 23 constituting no less than 30% of the gross floor area, shall receive a 24 30% reduction in the required number of spaces. 25 26 C. Buildings of three or more stories with uses from each of the three 27 use categories provided herein, each use constituting no less than 28 25% gross floor area, shall receive a 45 % reduction in the required 29 number of spaces. 30 31 4. For new buildings greater than 250.000 sgft., changes of use and additions 32 greater than 10,000 square feet, the allowable narking adjustments 33 identified in subparagraphs (2) and (3). above. shall require the affirmative 34 vote of four (4) members of the City Commission and follow those 35 procedures established for special use permits as set forth in Section 20- 36 5.8(B) through (F), and shall follow those procedures for public hearings set 37 forth in Section 20 -5.1 through 20 -5.6. 38 39 5. For new buildings not exceeding 250.000 sgft changes of use and 40 additions not exceeding 10,000 square feet the allowable parking 41 adjustments identified in subparagraphs (2) and (3) above shall continue to 42 be as provided. 43 44 6. For replacement of an existing building completely damaged due to natural 45 or man made disaster. the allowable parking adjustments identified in 46 subparagraphs (2) and (3). above, shall continue to be as provided. 47 48 49 ....... . ....... I Section 2: Section 20- 4.4(H), entitled "The 1vletroRail Usage Consideration via 2 Special Parking Permit," is hereby suspended for a period of nine (9) months for the 3 purpose of evaluating the effects and appropriateness of this provision on future 4 developments. 5 6 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking 7 Permit,"' is hereby suspended for developments within the boundaries of the Hometown 8 District for a period of nine (9) months for the purpose of evaluating the effects and 9 appropriateness of this provision on future developments within the Hometown District. 10 11 Section 4: The ordinance shall not apply to any development for which an 12 application for development permit was submitted prior to the I" reading. 13 14 Section 5: All ordinances, resolutions and parts thereof, in conflict with this 15 ordinance shall not be in force and effect during the time period of this ordinance. 16 17 Section 6: If any section, clause, sentence, or phrase of this ordinance is for any 18 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 19 shall not affect the validity of the remaining portions of this ordinance. 20 21 Section 7: This ordinance shall take effect immediately at the time of its 22 passage. 23 24 PASSED AND ADOPTED this 4th day of May 1999. 25 26 ATTEST: APPROVED: 27 29 CITY CLERK MAYOR 30 31 READ AND APPROVED AS TO FORM: 32 COMMISSION VOTE: 5 -0 33 �C I %r :Z Mayor 'Robai na : Yea Vice .Mayor Oliveros: Yea 34 CITY ATTORNEY Commissioner Fel i u: Yea 35 Commissioner Bethel: Yea 36 1st Reading: 3/2/99 Commissioner Russell: Yea 37 2nd Reading. 5/4/99 38 39 40 41 C:.d 42 43 MAY 1 31999 44 45 � 46 48 49 c : \_ \parking modification study ord.doc\ Planning Board 50 ORDINANCE NO. 15-03-179 9 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE (12) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H) 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, modifying 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 modifications and suspensions of the Land Development Code sections referred to above; and WHEREAS, the purpose of the modifications 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 are not sufficiently completed to determine what amendments are needed; and WHEREAS the City Commission appointed Zoning Task Force is in the process of reviewing the Land Development Code including the Hometown District and the Off -Street parking regulations; and WHEREAS, it is appropriate to provide an additional twelve (12) months to evaluate and review the provisions of the Land Development Code which allow for parking reductions; and WHEREAS, the City Commission desires to enact the aforesaid ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section I of Ordinance No. 8 -99 -1682, adopted by the City of South Miami City Commission on May 4, 1999 is hereby amended to read as follows; Section 1: The automatic parking adjustments allowed pursuant to Section 20 -7 6(B) of the South Miami Land Development, entitled "Required Parking, "are hereby modified for a period of sh 60 months for the purpose of reviewing the effects and appropriateness of the adjustmentprovisions on the future developments,_ as follows: _ y 2 of Ord. 15 -03 -1799 Section 2 That Section 2 of Ordinance 8 -99 -1682, adopted by the City of South Miami City Commission on May 4, 1999 is hereby amended to read as follows: Section 2: Section 20- 4.4(IV, entitled "The MetroRail Usage Consideration via Special Parking Permit," is hereby suspended for a period of AzLxtzLffi nmonths for the purpose of evaluating the effects and appropriateness of this provision on future developments. Section 3 That Section 3 of Ordinance 8- 99- 1682, adopted by the City of South Miami City Commission on May 4, 1999 is hereby amended to read as follows 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 six 60 months for the purpose of evaluating the effects and appropriateness of this provision on future developments within the Hometown District. Section 4 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 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 3rd day of June . 2003 ATTES APP OVED: ITY CLERK OR l" Reading- 5/20/03 2 °a Reading- 6/ 3/ 0 3 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4-0 Mayor Feliu: Yea Vice Mayor -,Russe•11 Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner McCrea: Yea Commissioner Wiscombe , not present Note: New wording underlined; wording to be removed indicated by St le - 9Hgn- 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE (F) Location and Ownership of Spaces. (1) All off- street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces located off -site. (a) Off- -site parking spaces shall be permitted. in RM, RO, LO, MO, NR, SR, GR, TODD, H, PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval, (b) Required off- street parking spaces may be located and maintained up to six hundred (600) feet from a residential or institutional use served and up to one thousand (1,000) feet from a noninstitutional and nonresidential use served. (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a. unity of title insuring that the required parking will be provided, or as a condition of the issuance of the building permit for the principal use, the owner of the off -site parking shall record a covenant, easement, or long -term lease in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time off- -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing, (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off - street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line, (Ord. No. 9 -99- 1683, § 4, 5 -4 -99; Ord. No. 11 -03 -1795, § 1, 6 -3 -03) (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to share the same required off- street parking spaces in a common parking facility, according to the following table. Uses Weekdays Weekends 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through, through through through 6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m. 5upp. No. 8 94.2 OTHER REGULATIONS 20 -4.4 Uses Weekdays Weekends Office or 100% 5% 10% 5% 5% Bank Retail 60% 20% 60% 60% 5% Hotel 50% 60% 60% 100 % 75% Restaurant 50% 75% 75% 90% 10% Theater 10% 70% 60% 90% 10% Nightclub 5% 50% 5% 100% 90% 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through, through through through through 6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m. Apartment or 10% 100% 75% 100% 100% Townhouse Other Uses 100% 100% 100 °l0 100% 100 % Method of Calculation: Step 1. For each of the five (5) time periods, multiply the minimum number of parking spaces required by Section 20- 4.4(B), Space Requirements. Step. 2. Add the results of each column: The required number of parking spaces shall equal the highest column total. Note —Ord. No. 15-03 -1799, § 3, adopted June 3, 2003, amended § 3 of Ord; No. 8 -99 -1682, adopted May 4, 1999, providing for a suspension of the provisions of 20- 4.4(G) in the Hometown District for a period of 60 months. (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the city commission may reduce the number of required off- street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities, as provided for under Section 20- 4.4(J). Note —Ord. No. 15 -03 -1799, § 2, adopted June 3, 2003, amended § 2 of Ord. No. 8 -99 -1682, adopted May 4, 1999, providing for a suspension of the provisions of 20- 4.4(H) in the Hometown District for a period of 60 months. (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision of valet parking spaces via special parking permit approved by four affirmative votes of the city commission, pursuant to the following conditions: (1) The valet parking operation shall comply with Section 20- 4.4(L), as amended from time to time, of the South Miami Land Development Code, entitled 'Valet Parking" [The remaining paragraphs are numbered and reordered.] Supp:. No. 8 95 HOMETOWN DISTRICT OVERLAY ORDINANCE, 20 -7.6 Story, The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. For the purposes of these regulations a story shall be interpreted as each vertical unit of fourteen (14) feet maximum; e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two -story building. (Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No 12 -96 -1612, §§ 8, 9, 7- 30 -96) 24 -7.6 Parking. (A) Hometown District Parking Committee. Parking in the Hometown District 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. Six (6) private citizens and the Mayor shall serve as the Hometown District Parking Committee charged with oversight of the supply, convenience, safety, and management of parking. The six (6) private citizens shall be appointed to two (2) year terms by the mayor with the advice and consent of the city commission and shall include two (2) landowners and two (2) tenants from the district and twa (2) residents of South Miami. The director of building, zoning and community development shall serve as the executive secretary to this committee. The committee shall report to the city commission no less than annually on the state of parking in the Hometown District and shall from tune to time make recommendations to the city commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of trust fund monies. The mayor shall appoint the chairman of the committee. A quorum shall be four (4) members and an affirmative vote of a majority of the members present shall be required to pass' upon any matter the committee recommends, (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 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., Note --Ord. No. 15 -03 -1799, § 1, adopted June 3, 2003, amended § l of Ord. No. 8 -99 -1682, adopted May 4, 1999, providing for a suspension of the provisions of 20- 7.6(B) for a period of 60 months. Supp. No. 8 149 S SouT o .�, 101, U INCORPORATED 1927 �t7RVo CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 10, 2005 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. 1I. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy Mr. Illas, and Mr. Mann. Board members absent: Ms. Gibson and Mr. Comendeiro City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB -05 -013 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING 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 Planning Board Meeting May 10, 2005 Page 2 of 2 DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He noted that the City Commission at its May 4, 1999 meeting adopted a limited parking moratorium ordinance (No.8 -99 -1682) The ordinance was extended on four different occasions, the latest was adopted in June 2003 (Ord. No.15 -03 -1799) The 2003 ordinance amended the original moratorium to be 60 months from May 4, 1999. The moratorium therefore ended on May 4, 2004. At this time, Mr. O'Donniley provided a background summary of the moratorium ordinance. The moratorium ordinance was in 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 LDC which allowed for reduced required parking in the Hometown District. These were: (1) Sec. 20 -4.4 (H) Metro Rail Usage Consideration. Allows 50% reduction in parking if within 1500 feet of the MetroRail Station; (2) Sec.20 -4.4 (G) Joint Use Spaces - Allows parking reductions if there is a mix of uses; (3) Sec.20 -7.6 (B) Hometown Adjustments. Allows for parking reductions for certain features (arcades) or for mixed uses in multi -story buildings. The City Commission was permitted to waive the moratorium if approved by a vote of four members. It is important to note that during the period the moratorium was in effect there were no special requests to waive the restrictions. Mr. Morton then opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker, Sr. 6556 SW 78 Terr. Supported Mr. Tucker stated to the Board his support for the moratorium and that it should be continued. Mr. Morton closed the public hearing. Motion: Mr. Mann motioned to approve the proposed amendment with the wording "reinstating" substituting for the word "extended." Ms. Yates seconded the motion. Vote: Ayes 5 Nays 0 DOD /SAY /pel K:\PB\PB Minutes\2005 Minutes\PB M1NS 5- 10- 05.doc