Res No 067-12-13624RESOLUTION NO. 67 -12 -13624
A Resolution to present to the Planning Board a proposal to substantially amend
Section 20 -8.9 of the Land Development Code titled Special Exceptions within the
T.O.D.D. district, in order to, among other things, include the following: a
definition of special exception and Large Scale Development; provisions and
conditions for review and approval; deleting minimum lot area; providing for
perpetual maintenance; and providing for the expiration and extension of
approvals.
WHEREAS, it is the desire of the Administration to provide definitions and a more
specific procedure for the review and approval of Large Scale Developments within the City's
Transit Oriented Development District (T.O.D.D.); and
WHEREAS, the Planning Board at its November 8, 2011 regular meeting after public
hearing, desired to include a perpetual maintenance provision and it adopted a motion by a vote of
7 ayes 0 nays recommending approval of substantially all of the amended ordinance that is now
being proposed; and
WHEREAS, the City Commission at its March 6, 2012, meeting addressed a more
comprehensive change than that which is now being proposed and desires to send the revised and
more limited amendment back to the Planning Board for review.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is directed to present to the Planning Board the following
proposed amendment to section 20 -8.9 titled "Special Exceptions ":
20 -8.9 Special exceptions.
A) A Special Exception as used in the T.O.D.D. shall mean a permitted use that complies
with all the conditions and standards for the district as well as those set forth below. For
those existing uses in this district, any alterations or additions to those buildings that
result in the building being designated as a Large Scale Development , shall conform to
be in eanfeFmanee the provisions of this ordinances. Eexisting heights of
existing buildings and existing floors may remain in their current condition: however, at
em+ent heights and- additional floors, if authorized, may be added above in accordance
with this ordinance.
alter-a4iefl to allow fer- the addition of ad&ienal floors above.
(B) Any site that is in excess of forty thousand (40,000) square feet or any development,
as defined in section 380.04, Florida Statutes (hereinafter referred to as "Development "),
in excess of four stories shall quali6, €eF be designated as a Llarge Sscale Ddevelopment
use and must ' it shall be reviewed by the Planning Board via the speeiet! use pefffli
preeess. and it shall require approval by the City Commission. The square footage of an
alteration or addition to an existing site and the square footage of the existing site that is
Res. No. 67 -12 -13624
being altered or to which an addition is being proposed shall be included in the
computation of the size of the Development project in order to determine il' it is a Law
Scale Development.
2. For the purpose of this section 20-8.9, substantial completion shall mean
the stage in the progress of the proiect where the work on the project or desi nated
portion of an approved phased project is Sufficiently complete in accordance with
the Contract Documents so that the Owner can occupy or utilize the project, or
designated portion of an approved phased project, for its intended use, or the
projeci has received either a temporary certificate of occupancy or a certificate of
occupancy. In order to be an "approved phased project" the Owner must obtain
City Commission approval for the phases of the project.
-23. Any property to be developed designated as under- a Llarge - Sscale
Ddevelopment pr-egr-a may have residential uses
on the first floor;; however, they- residential uses are not permitted on the first
floor within that portion of the building or development fronting on the €Fermi -e�
main street. The phrase "main street" means the thoroughfare that abuts the
property line of the building; or development and which has the most traffic,as
compared to any other street that abuts the property.
Q General Requirements. A Large Scale Development shall be approved and permitted
by the City Commission at a public hearing after the planning board makes its
recommendation, provided that such use is specifically listed as a permitted use in the
appropriate district column in the Permitted Use Schedule of the Land Development
Code section 20 -3.313, as m y be amended], and that such use complies with the
following general requirements and any other requirements that the City_ Commission
may consider appropriate and necessary.
1. All such uses shall comply with all requirements established in the
appropriate zoning use district, unless additional or more restrictive requirements
are set forth below or by the City Commission.
2. All such uses must be of a compatible and complementary nature with
any existing or planned surrounding uses.
3. A public hearing shall be held by the City Ceommission to determine the
overall compatibility of the development with the existing or planned
surrounding uses.
4. If during; the review process it is determined that the development,_ as
proposed will potentials cause adverse impacts, the Planning_ Department shall
recommend remedial measures to eliminate or reduce, to the extent possible,
these impacts. Development projects that are recommended for remedial
measures will not be required to submit a new application unless it is determined
by the Department that additional changes which would have the effect of
increasing densities, square footage or altering the height or use of a
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Res. No. -67 -12 -13624
Development have been made. Remedial measures may include, but are not be
limited to:
i. Additional screening or buffering,
ii. Additional landscaping;
iii. Building orientation,
iv. Relocation of proposed open space, or alteration of the use of
such space,
v. Pedestrian and bicycle safety and access,
vi. Changes gress and egress-,
vii. Addressing traffic flow to and from the development to avoid
intrusion on local streets in nearby single family residential
areas; or
viii. Improvement of the streets adjacent to the project, if applicable.
(D) Project Approval.
(a) Required Conditions. Prior to approving a Large Scale Development the City
Commission must find that the development meets the requirements set forth in
subsection (C) above and that it:
1. Will not adversely affect the health or safetfpersons residing or working in
the vicinity of the proposed use;
2. WiII not be detrimental to the public welfare, property or improvements in the
neiahborhood;and
3. Complies with all other applicable Code provisions.
(b) Additional Conditions. The City Commission may designate such additional
requirements in connection with the approval of a Large Scale Development as will,
in its opinion, assure that such development will conform to the foregoing
requirements.
(E) Reapplication for Development Review. No reapplication for a Large Scale
Development review under section 20 -8.4 shall be accepted by the City within six (6)
months of the date of final disapproval by_the City Commission of a previous application
involving the same or substantially the same project. unless evidence is submitted and
accepted by the City Commission which justifies such reconsideration
(qf No single use in the T.O.D.D. Zone shall exceed a gross floor area of eighty
thousand (80,000) square feet, except residential uses.
"LO Within the MU -5 subcategory, the maximum height of new buildings or existing
building-with additions shall be r-estrieted to limited to a maximum of four (4) stories, as
permitted, unless the
development earns a bonus as set forth in section 20 -8.10. However, in no event shall a
development exceed eight (8) stories, as permitted with bonus, nor shall it exceed one
hundred (100) feet.
(E) A Fainimem let afea of five thousand (5,000) sqttar-e fiaet shall be required for- afly-ef
w. . 1 ,
, Office,
111dustAH4,
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Res. No. 67 -12 -13624
4
(F-) (H) Where there is no minimum distance between adjacent buildings, nor a minimum
building setback from a property line, one (1) of the first two (2) of the following
conditions mus shall be met:
1. If the distance from the exterior wall to the property line is less than five (5)
feet, the applicant must shew evidenee provide the Planning Department with a
copy of a maintenance easements Uplicable to the adjacent owner(s)
roe ; or
2. The structure shall be built on the property line and the owner shall give an
attachment easement to the adjacent property owner(s).
3. In no instance shall a roof overhang extend beyond the property line, except in
the front of the building.
(I) The granting of a special exception shall be conditioned on the Applicant
signing an ageernent with the City, in a form acceptable to the City, which shall
include all of the conditions required for the granting of the special exception
( "Development A rg eement "i. The Development Agreement, after it has been
drafted by the City Attorney shall be subject to approval by the Cily Commission.
A separate agreement or covenant ( "Covenant ") that provides for maintenance of
common elements and any other condition specified as a prerequisite to approval
of the special exception ( "Maintenance Covenants ") shalI be signed y the owner
of the property in question. The Maintenance Covenant shall be treated as a
covenant running with and binding the land upon which the Developirnent is
situated and it shall be recorded in the land records of Miami -Dade County and, at
the option of the City and if allowed by law, the Maintenance Covenant may be
re- recorded when necessary or required to maintain, uninterrupted, the
effectiveness of the covenant running with the land. The Covenant shall provide
that the owner and his/her/its grantees, heirs, successors and assigns ( "Owr►er ")
shall comply with the Maintenance Covenants at the Owner's expense and
without any cost to the City.
(1) In the event that any special exception condition includes the development
of any common areas ( "Common Areas "), the Maintenance Covenant
shall include the following provisions: (a) the Common Areas shall
continue in existence, as part of the structure and those Common Areas
shall be operated and maintained at the expense of the Owner of the
property so lone as the Development continues to exist, in whole or in
part, (b) the operation and maintenance of the Common Areas shall
include a provision for landscaping in accordance with an approved site
and development plan, approved by the Planning Board, City Commission
and the Environmental Review and Preservation Board, or as amended
from time to time with approval of the City Commission, the maintenance
of the landscape as well as other maintenance services and private security
protection of the Common Areas; (c) the Owner shall continue, operate
and maintain the Common Areas in such a manner as to keep such areas in
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Res. No. 67 -12 -13624
good order, clean attractive, fully functional (subject to interruption for
maintenance, re air restoration and renovation ) and generally, so as not
to create a nuisance to owners, occupants and users of the adjacent land
and surrounding areas and to the general public.
(2) The Maintenance Covenant shall define the phrase "continue, operate and
maintain ", as it applies to landscaping, to include, but not limit it to, the
following activities:
(a) the monitoring of the landscape areas by a recognized
landscape expert. acceptable to the City, and the preparation of reports
by such expert certifying that the landscaping is in compliance or is
not in compliance with the approved Landscape Plan and all
provisions included in such plan pertaining to pruning, fertilizing and
general maintenance; the reports shall be prepared annually; an d
(b) the replacing of plants, trees, shrubs or the like, at the Owner's
sole expense, as determined by the landsca a expert to be necessary in
order for the landscaping to perpetually be in compliance with the
Landscape Plan.
(c) In the event that the City disagrees with the opinion of the
landscape expert hired by the Owner, the City shall have the right to
hire its own landscape expert whose decision shall be final. If the
City's expert agrees with the expert hired by the Owner, the City shall
pay the cost of its own expert, otherwise, the Owner shall pay the cost
of the City's expert.
(3) The Development Agreement and the Maintenance Covenant shall contain
the following_ provision:
(a) In the event the Owner breaches its agreement ( "a Default ") and
fails to cure the default within thirty (30) dys after receiving written
notice of the default or fails to use all due diligence in commencing the
cure and in proceeding to effectuate the cure, the City shall have the
right, but not the obliization, to cure the default. The {City shall have the
right to enter the land to effectuate the cure. If the Owner is unable to
timely cure the default after receiving written notice, the Owner may
request an extension of time from the City Commission which shall be
granted upon presentation of substantial competent evidence
establishing_ the Owner's good faith and due diligence, justifiable
reasons for the delay and the amount of time needed to cure the
default.
(b) In the event that the City performs any work or incurs an y
expense towards curing the default, the City shall have the right to file
a continuing special assessment lien against the property and foreclose
the lien for the full amount of money incurred by the City for said
work or expense. The City's lien shall be perfected upon being
recorded in the land records in Miami -Dade County, Florida and shall
be of equal rank and dignity as the lien of City's ad valorem taxes and
superior in rank and dignity to all other liens, encumbrances, titles and
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Res. No. 67 -12 -13624
claims in, to, or against the land in question, unless in conflict with
state statutes or Miami -Dade County code.
(c) The City shall have the right to proceed against the Owner to
collect the above- described costs and expenses without resorting to a
lien and /or lien foreclosure. The City's remedies shall include all those
available in law or in equity, including injunctive relief. The exercise
of one available remedy shall not be deemed a waiver of any other
available remedy.
(d) Invalidation of any of the covenants identified in this section 20-
8.9,by judgment of court shall not affect any of the other provisions,
which shall remain in full force and effect. In the event of a violation of
the Development Agreement or the Maintenance Cove_ nant, in addition to
M other remedies available, the City of South Miami is hereby
authorized to withhold any future permits, and refuse to make any
inspections or grant an a roval until such time as the declaration of
restrictive covenants in lieu of unity of title are complied with. All
rights, remedies and privileges rgranted_ pursuant to the Development
.Agreement and /or Maintenance Covenant shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed
to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights,
remedies or privileges.
(J) Developinent Agreements, as well as all amendments and revocations thereto, shall
comply with ss. 163.3220- 163.3243, Florida Statutes, as amended by the Florida
Legislature.
Section 2. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 20'h day of March, 2012.
ATTEST:
Y CLERK
wAmy documents \resolutions\resolution I& amend 20 -8 9 ordinance.doc
APPROVED:
MAY 'R
COMMISSION VOTE:
4 -1
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Nay
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
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