7South Miami
Ait- America City
CITY OF SOUTH MIAMI , I
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members the Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, 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
2
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 hbove 2
stories. It is difficult to project when and if new buildings will be constructed on these
sites. 4
(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 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.
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) R,— � 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
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 at
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
projects 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 no
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 Minutes Excerpt 12 -22 -09
Planning Dept. Staff Report 12 -22 -09
Public Notices
VVISAYX1Comm Items1201012- 2- 101LDC 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
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 Hall. 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
boldunderlined 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.
Sincerely y / s,j
Thodias J. Vageline, Director
Planning and Zoning Department.
Attachment
TN /SAY
X: \Comm 1temA2010 \1-14- 10\LDC Amend Two Story Notice Letter.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE
5 SECTION 20 -3.5 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER
6 TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING
7 SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY;
8 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
9 EFFECTIVE DATE.
10
I1 WHEREAS, The Land Development Code and the Official City Zoning Map sets
12 forth citywide zoning use districts and dimensional standards including setbacks, density,
13 and height of buildings for each district; and
14
15 WHEREAS, in some locations zoning use districts which abut single family zones
16 allow for building heights higher than the height of single family homes which potentially
17 creates conflict and incompatibility; and
18
19 WHEREAS, the City Commission at its December 8, 2009 meeting adopted
20 Resolution No. 213 -0'9 -13022 introduced by the Vice Mayor, requesting the Planning
21 Board and the Planning and Zoning Department to initiate and recommend upon necessary
22 legislation to amend the Land Development Code in order to Iimit to two stories the height
23 of buildings abutting single family residential zones notwithstanding the provisions of the
24 zoning use district in which the building is located; and
25
26 WHEREAS, a citywide inventory determined that there are a total of seven specific
27 properties located in zoning districts which permit, as of right, buildings to be up to 4 or
28 more stories in height and also abut single family zoning districts; and
29.
30 WHEREAS, a proposed amendment to the Land Development Code would respond
31 to the concern about height by regulating on an individual property by property basis that if
32 the height of any new building construction or vertical addition to an existing building
33 which abuts a single - family zoning district would exceed two stories, approval must be
34 obtained via the special use permit process as set forth in Section 20 -5.8; and
35
36 WHEREAS, The Planning Board at its December 22, 2009 meeting, after public
37 hearing, approved a motion by a vote of 5 ayes 0 nays recommending adoption of a
38 proposed amendment requiring special use approval for any new building construction or
39 vertical addition to an existing building which abuts a single - family zoning district and
40 exceeds two stories notwithstanding the provisions of the zoning use district in which the
41 building is located; and
42
43 WHEREAS, the City Commission desires to accept the recommendation of the
44 Planning Board and enact the aforesaid amendment.
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
47 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
48
49 Section 1 That Land Development Code Section. 20 -3.5 is hereby amended to read as
50 follows:
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" 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- 3.5E), "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) 4tse"e€, 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
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.
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Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of 2010
APPROVED:
CITY CLERK MAYOR
I" Reading —
2 "d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items\2010 \1- 14- 10\LDC Amend Two Story Reg OcdAm
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
RESOLUTIONNO, 213-09-13022
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF .TIDE CITY % OF
SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING AND .ZONING
DEPARTMENT AND THE PLANNING BOARD TO CONSIDER. AN ORDINAN ?CE
REVISING LAND DEVELOPMENT CODE SECTION 20 -3.5 ENTI'T'LED
"DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO T'6VO STORIES THE
HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE FAMILY
RESIDENTIAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 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
WHEREAS, in some locations zoning use districts abutting single family zones
allow for building heights significantly higher than the height of single family homes,. which
potentially creates conflict and incompatibility of uses; and
WHEREAS, 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
V&WREAS, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. That the Plan-ing 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 o£ buildings abutting or
adjacent to single family residential zones.
.Section 2. This resolution shall be effecuv.e immediately upon being approved.
PASSED AND ADOPTED this 8t4 day of Dec;_,, 2009 .
ATTEST:
APPROVED:
MA14���
'OIZ
Res No. 213 -09- 73022
11 1
2
Commission Vote: 5 -0
READ D PROVED AS 0 FORM: Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner. Palmer: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
�-ITY ATTORNEY,
X: \Comm Items\2009112- 8- 09\LDC Amend. Two Story Rea Resol.doc
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This in is a official map for zoning boundaries.
Any inquiry regarding official boundaries
will be governed by the "Official zoning Map"
adopted by the City Commission of South Miami,
The Planning Department is the sole source
of this map and has provided for the limited purpose
of generally presenting the zoning patterns within
the City of South Miami.
All inquires should be directed to the PIanning Deparfinen
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CITY OF SOUTH MIAMI
PLANNING BOARD
DRAFT Action Summary Minutes
Tuesday, December 22, 2009
City Cormnission 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 7:50 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. Farfan 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 AppIications/Public Hearings.
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 TO
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 Iegislation 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
December 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 -3.5E) 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 alloyed 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) Rmemyd, Properties Abuttiirg 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
forth in Section 20-5.8.
Mr. Youkilis recommended that the above amendment to LDC Section 20 -3.5 be recommended
for approval.
Plarming 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
PUD. Mr: Youkilis stated yes. You would still have to go through a public hearing.
Mr. Morton opened the Public Hearing.
Speaker:
NAME ADDRESS SUPPORT /OPPOSE
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 SUPPORTIOPPOSK
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 Board 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 SUPPORT/OPPOSE-
Beth Schwartz Not given Supports
Ms. Schwartz stated that people do like the small town charm and she encourages the support of
this amendment that two stories is okay and anything else must 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.
TJV /SAY
XAComm Items\2010V- 14 -10TE Minutes Excerpt Two Story 12- 22- 09.doc
To: honorable Chair &
Planning Board Members
Front: Thomas J. Vageline, Director
Planning and Zoning Departs
December 22, 2009
Re: LDC Amendment -Sec. 20-
Two Story Building height Limit
PB -09 -030
Applicants 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 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.
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.
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 Amendnaenr
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.
PROPOSED AMENDMENT
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)
"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- 3.5F).
(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
LDC Ainendinent
Two Story Linsit
Deceinber 22, 2009
,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) Properties Abutting Single- .Family Zoning Districts.
separated by a right-of-way) to a single - family zoning district the maximum
height of any 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.
It is recommended that the above amendment to LDC Section 20 -3.5 be recommended for
approval.
Attachments:
Resolution No, 213 - 09.13022
Properties Impacted Chart, 2009
Public Notices
TJV /SAY
X:\PB\PB Agendas Staff Reports12009 Agendas Staff Reports \12- 22- 09\PB -09 -030 LDC Amend Two Story Height Urnit.doc
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