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Ord No 04-10-2029ORDINANCE NO. 04-10-2029 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE SECTION 20 -3.5 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Land Development Code and the Official City Zoning Map sets forth citywide zoning use districts and dimensional standards including setbacks, density and height of buildings for each district; and WHEREAS, in some locations zoning use districts which abut single family zones allow for building heights higher than the height of single family homes which potentially creates conflict and incompatibility; and WHEREAS, the City Commission at its December 8, 2009 meeting adopted Resolution No. 213 -09 -13022 introduced by the Vice Mayor, requesting the Planning Board and the Planning and Zoning Department to initiate and recommend upon necessary legislation to amend the Land Development Code in order to limit to two stories the height of buildings abutting single family residential zones notwithstanding the provisions of the zoning use district in which the building is located; and WHEREAS, a citywide inventory determined that there are a total of seven specific properties located in zoning districts which permit, as of right, buildings to be up to 4 or more stories in height and also abut single family zoning districts; and WHEREAS, a proposed amendment to the Land Development Code would respond to the concern about height by regulating on an individual property by property basis that if the height of any new building construction or vertical addition to an existing building which abuts a single- family zoning district would exceed two stories, approval must be obtained via the special use permit process as set forth in Section 20 -5.8; and WHEREAS, The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending adoption of a proposed amendment requiring special use approval for any new building construction or vertical addition to an existing building which abuts a single- family zoning district and exceeds two stories notwithstanding the provisions of the zoning use district in which the building is located; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Land Development Code Section. 20 -3.5 is hereby amended to read as follows: Ord. No. 04 -10 -2029 " Section 20 -3.5 Dimensional requirements. (A) Residential Districts. In residential districts, the maximum density, minimum lot area and frontage, minimum yard setbacks, maximum coverage and maximum building heights for the permitted uses in each district shall be determined from the Dimensional Requirements Table for either single - family (Section 20 -3.5E) or multi- family districts (Section 20- 3.517). (B) Nonresidential Districts. In nonresidential districts, the minimum lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20- 3.5G). (C) Dimensional Requirement Tables. (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single - Family Districts" (Section 20- 3.51:), 'Dimensional Requirements, Multi- family Districts" (Section 20 -3.517) and "Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5G). (2) There shall be no variation or deviation from such dimensional requirements except where expressly allowed by this Code, and as set forth below in (D). (3) Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district shall be the same as those listed in the following tables for uses within the most restrictive use district located adjacent to the subject PR or PI property. (D) Re'. Properties Abutting Single- Family Zoning Districts. Notwithstanding the dimensional requirements of the zoning use district in which a property is located, if that property is abutting (common border or separated by a right-of-way) to a single - family zoning district the maximum height of any new building or any vertical addition to an existing building on that property is limited to two stories, however, additional height may be obtained via the special use permit process as set forth in Section 20 -5.8." ,(2) Properties or projects constructed under a city approved Planned Unit Development Site Plan or projects subject to Development Agreements during the period that the Agreement is in effect, shall not be subject to the provisions of this section. In no case shall a proiect be rebuilt which exceeds the height, setback or density that was set forth in the Development Agreement or applicable Planned Unit Development Site Plan." Ord. No. 04 -10 -2029 Properties presently existing and actually built on the effective date of this ordinance shall be grandfathered in and exempted from the provisions of this section and allowed to be rebuilt to the same height if they are destroyed by an act of God or other natural disaster. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 2nd, day of February, 2010 ATTEST: Q Y Cl C kL 1st Reading - 1/14/10 2nd Reading — 2/2/10 READ AND S 7//Y, 13i1V 1i1 CITY ATTORNEY APPROVED: AS TO FORM: X: \Comm Items\2030\2- 2- 10\LDC Amend Two Story Reg Revised Ord.doc COMMISSION VOTE: 4 -1 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Nay Commissioner Newman: Yea Commissioner Sellars: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To. The Honorable Mayor Feliu and Members A the South Miami ®AN•AmericaCiryp G 2001 commission Via: Roger M. Carlton, Acting City Manager I ygver+�v From: Thomas J. VageIine, Director Planning and Zoning Department Date: February 2, 2010 (REVISED) ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE SECTION 20 -3.5 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE., REQUEST The City Commission at its December 8, 2009 meeting adopted Resolution No. 213 -09- 13022 introduced by the Vice Mayor, requesting the Planning Board and the Planning and Zoning Department to initiate and recommend upon necessary legislation to amend the Land Development Code in order to limit to two stories the height of buildings abutting or adjacent to single family residential zones notwithstanding the provisions of the zoning use district in which the building is located. BACKGROUND The Land Development Code and the Official City Zoning Map sets forth city wide zoning use districts and dimensional standards including setbacks, density and height of buildings for each district. In some locations zoning use districts which abut single family zones allow for building heights higher than the height of single family homes which potentially creates conflict and incompatibility. In order to protect single family neighborhoods and to assure compatibility an amendment creating a regulation applicable citywide could be included into the Land Development Code. STAFF OBSERVATIONS (1) In general the proposed amendment is supported by a Comprehensive Plan objective and a policy to preserve the quality of life in existing single family residential neighborhoods and to assure compatibility of adjacent uses. (2) The Planning staff performed a citywide inventory to determine specific properties which would be impacted if the above amendment was adopted. The - properties identified are located in zoning districts which permit, as of right, buildings to be up to 4 or more stories in height and also abut single family zoning districts. A total of seven sites were identified. All of these sites are currently occupied by structures which range from two to five stories in height including recently constructed buildings. Attached is a copy of the inventory and small scale maps showing the location of each of the sites. (3) The proposed amendment if adopted would be applicable to these sites and could limit the height of any new buildings to a maximum of two stories, even though the zoning district in which they are located might allow for heights of buildings above 2 stories. It is difficult to project when and if new buildings will be constructed on these 0 sites. (4) The Planning and Zoning Department is concerned that a strict city wide application of this height limitation could be interpreted as a change of zoning for the properties on the attached list without proper notice and with no opportunity for the property owners to be heard on the subject. (5) It is suggested that the same concerns about height could be regulated on an individual property by property basis by mandating that if the height of any building abutting or adjacent to single - family zoning districts is above two stories, approval must be obtained via the special use permit process as set forth in Section 20 -5.8. The special use process requires review and public hearings by the PIauming Board and City Commission. Within the context of that procedure the applicant would have to prove that the proposed building(s) above two stories are justified and compatible. PROPOSED LEGISLATION As a city wide policy an amendment "(D) "could be inserted in Land Development Code Section 20 -3.5 entitled "Dimensional requirements" which would read as follows: (new wording in bold and underlined) (D) &�. Properties Abutting Single - Family Zoning Districts. Notwithstanding the dimensional requirements of the zoning use district in which a property is located if that property is abutting Common border or separated by a tteht -of- -way ) to a single - family zoning district the maximum height of any new building or any vertical addition to an existing building on that property is limited to two stories however, additional height may be obtained via the special use permit process as set forth in Section 20 -5.8. PLANNING .BOARD ACTION The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment as shown above and in the attached draft ordinance be adopted. The Planning Board also suggested that the property owners of the sites potentially impacted by the amendment should be notified when the item comes before the City Commission. CITY COMMISSION ACTION The City Commission at its January 26, 2010 meeting continued the public hearing and review of the ordinance which was approved on first reading with the above amendment. During the public hearing the following concerns were expressed: (1) That the proposed two story limitation would be applicable to the Red Road Commons project which has building height limits set forth in an adopted PUD -M Site Plan. In addition there are provisions in the project Development Agreement which state that during the period that the Agreement is in effect the project will not be impacted by subsequent new zoning regulations.. (2) That the proposed two story limitation would be applicable to properties located in the SW 62 Avenue Corridor. The Planning and Zoning Department responded that this area is already zoned with a two story height limitation (NR) and therefore is not affected ai . this time by the proposed ordinance. (3) That property owners impacted by the proposed ordinance were not noticed by mail and property owners within 500 feet of an impacted site were not noticed. The Planning and.Zoning Department responded that the proposed ordinance was an amendment to the text of the Land Development Code and there are no requirements for mail notice for text amendments applicable city -wide. The Planning Board and City Commission public hearings on the proposed ordinance were properly advertised in the Miami Review and Miami Herald. The Department did send a courtesy letter to owners of certain properties which could be effected in the future if the ordinance is adopted. (Copy of letter 1 -4 -10 attached). It is recommended that the wording of the proposed amendment be revised to respond to the concern expressed in No. 1 above. An additional sentence could eliminate certain properties (projects with on -going Development Agreements) from being impacted if the ordinance is adopted and to also clarify their future development potential. The following sentences could be added to the amendment shown on p.2 of this report: "Properties or proiects subiect to city approved Development Agreements shall not be subject to the provisions of this section during the period that the Agreement is in effect. In na . District or Site Plan. RECOMMENDATION. It is recommended that the attached draft ordinance be amended to include the sentence set forth above and the revised ordinance adopted. Attachments: Draft Ordinance Resolution No. 213 -09 -13022 Properties Impacted Chart- Revised,2009 Planning Dent. Notice letter 1.4 -10 Planning Board Alinutes F=erpt 12 -22 -09 Planning Dept. Staff Report 12 -22 -09 Public Notices VVISAYX 1Comm Rems1201012- 2- 1011,DC Amend Two Story Reg CM Report Revised.doc Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0)305- 663 -6326 (F)305�668 -7356 January 4, 2010 lour RE. Amendment to Land Development Code requiring Special Use Approval for Building Height Above Two Stories on Properties Abutting Single Family Residential Zoning Districts To Whom it May Concern: The City Commission at its next meeting on Thursday, January 14, 2010 will be considering on first reading a proposed' ordinance which would require special use approval by the City Commission for any new building construction or additions which result in a height above two stories. This requirement would be applicable only to properties which abut Single Family Residential Zoning Districts. The City's official Zoning map indicates that your property is one of several sites that could be affected by the proposed ordinance. The meeting begins at 7:30 PM in the City Commission Chambers, South Miami City HaII. Please note that there is no public testimony at the first reading of an ordinance; however, you may wish to attend the meeting and listen to the discussion. The second reading and formal public hearing on the proposed amendment to the Land Development Code is scheduled for the Tuesday January 26, 2010 at 7:30 PM City Commission meeting. If you are interested in this proposal you are encouraged to attend this meeting and speak on the issue. A copy of the proposed ordinance is .attached (see boldlunderlined new wording on p.2). Please contact the City Clerk at 305 -663 -6340 to confirm that the item and public hearing will be on the agenda for the January 26, 2010 meeting if you have any questions, please feel free to call the Planning and Zoning Department at 305- 663- 6326. Sin 'or ely,3urs, Thor4as J. Vageline, Director Planning and Zoning Department. Attachment TrV /SAX X \Comm rtems\2010U-14- 101LDC Amend Two Story Notice Letteadoe RESOLUTIONNO, 213 -09 -13022 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OIL' THE CITY •. OF SOC7TH MIAMI, FLORIDA DIRECTING THE PLANNING AND ZOIt'ING DEPARTMENT AND THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING LAND AI,VELOpMENT CODE SECTION 20 -35 ENTITLED « DI, NSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO TGPQ STORIES THE D IGRT OF B-rj CLDINGS ABTJTTJNG OR ADJACENT TO SINGLE FAMILY RESIDENTIAL; ANI3 PROVIDING.FOR AN EFFECTIVE DA'Z'E. vMEREAS, the Land Development Code and the Official City Zoning Map sets forth city wide zoning use districts and dimensional standards including setbacks; density and Height of buildings for each district; and VMRE AS, in some locations zoning use districts abutting single family zones allow for building heights ssgnificautly higher titan the height of single family homes; which potentially creates conflict and incompatibility of uses; and WMREAS, it is a Comprehensive Plan objective and policy to preserve the'quality of life in existing single family residential. neighborhoods and to assure compatibility of adjacent uses; and WHEREAS, in order to protect single family neighborhoods and to assure compatibility a general city wide policy should be included into the Land Development Code which limits the height of buildings abutting or adjacent to single family residential zoning districts to a maximum. of two stories notwithstanding the provisions of the zoning use district in which the building is located. NO'W, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMIYIISSION OF THE CITY OF SOUTH NCCAMI, FLORIDA Section I That the Planning Board and the Planning and Zoning Department are requested to initiate and recommend upon necessary legislation to amend Section 20-3.5 entitled "Dimensional requirements" in order to limit to two stories the height of buildings abutting or adjacent to single family residential zones. . Seetiou 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED thisSt4 day of Decu, 2009 . ATTEST: APPROVED: .� G2�.i�ti2 224 ll CITY "CLERZ� MAi'OR Res No. 213 -09- 13022 2 Commission Vote: 5 -0 READ D PROVED AS 0 FORM: MayorFeliu: Yea Vice Mayor Beasley: Yea Commissioner. Palmer: Yea Commissioner Newmiaw Yea Commissioner Senars: Yea CITY- ATTORISEY. X.AComro ge=s 2009 112- 8- 09\LDC A.mead Two Smry Reg R=Ldoc � 0 H U Q ca .�a P., H H �C H a a O H W p.{ H U d Pt p+f W a °c N VS V) Vt a O G N N N N O tQ ro w �° vii i 00 n .,� N �10 IIv s w w Uty of South M. 0 500 1 1,500 2,000 DISCLARAER NO Tw'-r .. �fT,"Cvsmx�wp This map is notAhe official map for zoning boundaries. Any inquiry regarding official boundaries Icial Zoning MRn will be governed by the "Off ng �&Pll oI g„ I I - �"LR adopted by the City Commission of South outh Miami. 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W 8416 BY9 16 sa 4 d926 8310 N 8391 S $ �--� �:: �� or 602° 8481 041E 8336 B99p 840! rom 84ir aa, 845 Dlro '% 'r r CITY OF SOUTH MIAMI PLANNING BOA" DRAFT Action Summary Minutes Tuesday, December 22, 2009 City Commission Chambers 7 :30 P.M. EXCERPT X. Cali to Order and the Pledge of Allegiance to the Flag Action: The meeting was. called to order at 7:50 p.m. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairperson, Mr. Morton requested a roll call. Board members present constituting a quorum: Present: Mr. Comendeiro, Mr. Morton, Ms. Yates, and Mr. Whitman, and Mr. Cruz. Absent: Mr. Parfan and Ms. Young. City staff present: Thomas J. Vageline (Planning and Zoning Director), Sandy Youkilis (Consultant), Laurence Feingold (City Attorney), Cabrera- Hernandez (Principal Planner), Alerik Barrios (Assistant). III. Administrative Matters: Mr. Vageline stated that the document that was distributed noted the new meeting dates for this board for the beginning of the upcoming New Year. Other matters reviewed were the census and how Census 2010 is seeking people for positions to help out with the up coming census review. IV. Planning Board Applications/Public Hearings. ' C 1' I 1 Applicant: City of South Miami Request:.• AN ORDINANCE .OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. AMENDING THE LAND DEVELOPMENT CODE' SECTION 20 -3.5 ENTITLED' "DIMENSIONAL REQUIREMENTS" IN ORDER T© LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO .SINGLE FAMILY RESIDENTIAL; PROVIDING FOR.- SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Comendeiro read the amendment into the record Planning Board Minutes December 22, 2009 Page 2 of 5 Discussion: Mr. Youkilis stated that the City Commission at its December 8, 2009 meeting adopted Resolution No. 213 -09 -13022 introduced by the Vice Mayor, requesting the Planning Board and the Planning and Zoning Department to initiate and recommend upon necessary legislation to amend the Land Development Code in order to limit to two stories the height of buildings abutting or adjacent to single family residential zones notwithstanding the provisions of the zoning use district in.which the building is located. Mr. Youkilis stated that the Land Development Code and the Official City Zoning Map sets forth citywide zoning use districts and dimensional standards including setbacks, density, and height of buildings, for each district. In some locations zoning use districts which abut single family zones allow for building heights higher than the height of single family homes which potentially creates conflict and incompatibility. In order to protect single family neighborhoods and to assure compatibility an amendment creating a regulation applicable citywide could be included into the Land Development Code. Mr. Youkilis stated that the following were staff observations; (1) The Planning staff performed a citywide inventory to determine specific properties which would be impacted if the above amendment was adopted. The properties identified are located in zoning districts which permit, as of right, buildings to be up to 4 or more stories in height and also abut single family zoning districts. A total of six locations were identified. All of these sites are currently occupied by structures which range from two to five stories in height including recently constructed buildings. (2) The proposed amendment if adopted would be applicable to these sites and could limit the height of any new' buildings to a maximum of two stories, even though the zoning district in which 'they are located might allow for heights of buildings above 2 stories. It is difficult to project when and if new buildings will be constructed on these sites. (3) In general the proposed amendment is supported by a Comprehensive Plan objective'and a policy to preserve the quality of life in existing single family residential neighborhoods and to assure compatibility of adjacent uses. However, the Planning and Zoning Department is concerned that a strict citywide application of this height limitation could be interpreted as a change of zoning for the properties on the attached list without proper notice and with no opportunity for the property owners to be heard on the subject. (4) It is suggested that the same concerns about height could be regulated on an individual property by property basis by mandating that if the height of any building abutting or adjacent to single- family zoning districts is above two stories, approval must be obtained via the special use permit process as set forth in Section 20 -5.8. The special use process requires review and public hearings by the Planning Board and City Commission. Within the context of that procedure the applicant would have to prove that the proposed building(s) above two. stories are justified and compatible. Planning Board Minutes Decernber 22, 2009 Page 3 of 5 Mr. Youkilis stated that the following is a proposed amendment: As a citywide policy an amendment "(D) "could be inserted in Land Development Code Section 20 -3.5 entitled "Dimensional requirements" which would read as follows: (new wording in bold and underlined) "20 -3.5 Dimensional requirements. (A) Residential Districts. In residential districts, the maximum density; minimum lot area and frontage, minimum yard setbacks, maximum coverage and maximum building heights for the permitted uses in each district shall be determined from the Dimensional Requirements Table for either single- family (Section 20 -3.SE) or multi - family districts (Section 20- 3.5F). (B) Nonresidential Districts. In nonresidential districts, the minimum lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20- 3.5G). (C) Dimensional Requirement Tables (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single - Family Districts" (Section 20- 3.513), "Dimensional Requirements, Multi - family Districts" (Section 20 -3.5F) and "Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5G). (2) There shall be no variation or deviation from such dimensional requirements except where expressly allowed by this Code,_and as set forth below in (D).' (3) Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district shall be the same as those listed in the following tables for uses within the most restrictive use district located adjacent to the subject PR or PI property. (D) fw- , Proneedes A,buttiim Single- Famiiy Zonins Districts. ' forth in Section 20 -5.8 . Mr. Youkilis recommended that the above amendment to LDC Section 20 -3.5 be recommended for approval. Planning Board Minutes December 22, 2009 Page 4 of 5 Mr. Morton asked what would happen in any existing structure. ' Mr. Feingold 'stated that new construction proposals would have to come back to the City for special use approval as to the height. Mr. Morton asked if a building was destroyed, would they have to keep the same height or could they build only what is stated in the ordinance. Mr. Youkilis stated that if you have damage of over 50% you would have'to abide by the current regulations. Mr. Whitman asked if the application for special use can be construed as a "taking of property." Mr. Feingold stated that it could not be construed as such because it provides a process. Mr. Whitman asked about current rights, for a certain height; is that governed by the •zoning or what is in the Future Land Use Category. Mr. Feingold answered yes, by zoning. Ms. Yates questioned if the property owners are notified. Mr. Youkilis stated that they would be notified when the issue comes before the City Commission. Ms. Yates stated that all homeowners should be contacted and the item advertised as well. Mr. Cruz asked if this only affects these six existing sites. Mr. Youkilis stated that only these properties are affected. Mr. Morton asked if someone had a "packaged property", would they be able to apply under a PLUD. Mr: Youldlis stated yes. You would still have to go 'through a public hearing. Mr. Morton opened the PubIie Hearing. Speaker: NAME ,ADDRESS SUPPORTtOPPOSE Bob Welsh 7437 SW 64Court Oppose Mr. Welsh questioned if there would be any other areas where the zoning' district would be higher than 2 stories. Mr. Youkilis stated that the City is covered by zoning rules and regulations and that the new amendment would ensure that all applicants would have to come in front of the Board and the City Commission for approval. Mr. Cruz inquired about contacting the properties affected and encouraged the City to send them the information. Mr. Youkilis stated these properties would be contacted. If the text is changed in the Zoning Code, it is not required to notify property owners. Mr. Cruz suggested that the property owners should be contacted. Mr. Morton stated that he would also contact the abutting: properties in the single family residential areas. Speaker: NAME ADDRESS SUPPORTIOPPOSE• Walter Harris Not given Supports Mr. Harris stated that he had a question about new building•verses an old building. Mr. Cruz stated that he wanted to make sure that the word new building meant new building and that it does not mean existing building. Mr. Youkilis stated that the word "new building" needs to be added. It should be written "new Planning hoard Minutes December 22, 2009 Page 5 of 5 building construction and any vertical expansion." Mr. Cruz stated that the property owners impacted should be notified so that there is no issue later on. Speaker, NAME ADDRESS SUPPORTIOPPOSE Beth Schwartz Not given Supports Ms. Schwartz stated that people do Iike the small town charm and she encourages the SUPP04 of this amendment that two stories is okay and anything else roust be heard by the Planning Board and the City Commission for approval. Mr. Morton closed the Public Hearing. Mr. Youkilis stated that staff is also recommending that the wording. be added that it is the "height of any new building or any vertical addition expansion of an existing building." Motion: Mr. Cruz made a motion to approve the amendment, and that contact of the affected six properties be completed- Mr. whitman seconded the motion. Vote: 5 ayes, 0 nays Motion was adopted and passed. VVJSAY X:1Comm imms\2010 \1-14 -10\PB Minutes Excerpt Two Story 12.22- 09.doc To: Honorable Chair & Date: December 22, 2009 Planning Board Members From: Thomas J. Vageline, Director j Re: LDC Amendment-See. 20- Planning and Zoning Department" / Two Story Building Height I emit .PB -09-030 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE - LAND DEVELOPMENT CODE SECTION 20 -3.5 - ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORKS THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission'at its December 8, 2009 meeting adopted Resolution No. 213 -09 -13022 introduced by the Vice Mayor, requesting the Planning Board and the Planning and Zoning Department to initiate and recommend upon necessary legislation to amend the Land Development Code in order to limit to two stories the height of buildings abutting or adjacent to single family residential zones notwithstanding the provisions of the zoning use district in which the building is located. BACKGROUND The Land Development Code and the Official City Zoning Map sets forth city wide zoning.use districts and dimensional standards including setbacks, density and height of buildings for each district In some locations zoning use districts which abut single family zones allow for building heights higher than the height of single family homes which potentially creates conflict and incompatibility. In order to protect single family neighborhoods and to assure compatibility an amendment creating a regulation applicable citywide could be included into the Land Development Code, STAFF OBSERVATIONS (1) The Planning staff performed a citywide inventory to determine' specific properties which would be impacted if the above amendment was adopted. The properties identified are located in zoning districts which permit, as of right, buildings to be up to 4 or more stories in height and also abut single family zoning districts. A total of six locations were identified. All of these sites are currently occupied by structures which range from two to five stories in LDC Amen&nenr Two Story Limit December 22, 2009 height including recently constructed buildings. Attached is -a copy of the inventory and small scale maps showing the location of each of the sites. (2) The proposed amendment if adopted would be applicable to these sites and could limit the height of any new buildings to a maximum of two stories, even though the zoning district in which they are located might allow for heights of buildings above 2 stories. It is difficult to project when and if new buildings will be constructed on these sites. (3 ) In general the proposed amendment is supported by a Comprehensive Plan objective and a policy to preserve the quality of life in existing single family residential neighborhoods and to assure compatibility of adjacent uses. however, the Planning and .Zoning Department is concerned that a strict city wide application of this height limitation could be interpreted as a change of zoning for the properties on the attached list without proper notice and with no opportunity for the property owners to be heard on the subject. (4) It is suggested that the same concerns about height could be regulated on an individual property by property basis by mandating that if the height of any building abutting or adjacent to single- family zoning districts is above two stories, approval must be obtained via the special use permit process as set forth in Section 20 -5.8. The special use process requires review and public hearings by the Planning Board and City Commission. Within the context of that procedure the applicant would have to prove that the proposed building(s) above two stories are justified and compatible. PROPOSE -MENDIY%ENT As a city wide policy an amendment "(D) "could be inserted in Sand Development Code Section 20 -3.5 entitled "Dimensional requirements" which would read as follows: (new wording in bold and underlined) "20 -3.5 Dimensional requirements. (A) Residential Districts. In residential districts, the maximum density, minimum lot area and frontage, minitnum yard setbacks, maximum coverage and maximum building heights for the permitted uses in each . district shall be determined from the Dimensional Requirements Table for either single- family (Section 20 -3.5E) or multi - family districts (Section 20- 3.5P). 03) Nonresidential Districts. In nonresidential districts, the minimum lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20- 3.5G). (C) Dimensional Requirement Tables. (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as LDCAnzendment 7Wo Story Linzit December 22, 2009 3 reflected on the three tables labeled "Dimensional Requirements, Single -Family Districts" (Section 20- 3.58), "Dimensional Requirements, Multi- family Districts" (Section 20 -3.5F) and "Dimensional Requirements, Nonresidential Districts" (Section 20- 15G). (2) There shall be no variation or deviation from such dimensional requirements except where expressly allowed by this Code. and as set forth below in (D). (3) Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district shall be the same as those listed in the following tables for uses within the most restrictive use district located adjacent to the subject PR or PI property. (fD) &Awv4d Properties Abutting Single - Family Zoning Districts. forth in Section 20 -5A RECOMIYMNf)ATION- It is recommended that the above amendment to LDC Section 20 -3.5 be recommended for approval. Attachments: Resolution No, 213-09-13022 Properties Imported Chart,2009 Public Notices TJV /SAX X:�FRTB Agendas Staff Reports12009 Agendas Staff Reporisl12- 22- 09Ta,09 -030 LDC Amend Two Story Height Umitdoo a a f1 b 0 N ew Ri H O H W C3 A H U H W �t �t A c� 0 0 b N s N 9 M N w 0 0 '4 &g E U DG iC a o In � M N m W A a N M M N G� W 1 I ! 11y iiiU ---iii Ce I's s�%I / A A e'�i^• U FEU O N 00 r- Mir U "� A �N C CQ CIO C6 O v7 M It 0 b N s N 9 M N w 0 0 '4 &g E U DG \/ $ § M 6. §� \ §| )) m� t !§ | \� () / ! ;{ !! .� .� ._ �� { ( \\ �{ ([ \} ;g >�