21South Miami
I•AmericaC
CITY OF SOUTH MIAMI I I 11 17
OFFICE OF THE CITY MANAGER a
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: March 16, 2010 ITEM No.
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida directing the Planning and Zoning Department and the Planning Board to
consider an ordinance revising Land Development Code Section 20 -8.9 entitled
"Special exceptions" in order to set a time limit for commencing a development
project which has been granted a special exception in a Transit Oriented
Development District (TODD); and providing for an effective date.
The City Manager has expressed concern that there are development projects in the
Transit Oriented Development District (TODD) zoning districts which have received
special exception approval from the City but failed to initiate construction and the sites
have remained vacant. This situation could occur again in the future and it was felt that
special approvals should have an expiration date when construction must start in order to
encourage development activity and to assure that a proposed development is still
appropriate.
The Land Development Code does contain a commencement time limit for development
projects within the Hometown Overlay District (HD -OV) which have received special
exception(s) approval. The Transit Oriented Development District which requires a
special exception approval for large projects does not have an expiration date. The
purpose of the attached resolution is to direct the Planning and Zoning Department and
the Planning Board to consider drafting the proper amendment to correct this situation.
RECOMMENDATION
It is recommended that the attached draft resolution be approved.
Attachments:
Draft Resolution
TJ VISA Y
X. (Comm Items1201OU- 16-101 LDC Amend Spec Exception Limit Resol. CM Report.doc
I RESOLUTION NO.
2
3 A Resolution of the Mayor and City Commission of the City of South Miami, Florida
4 directing the Planning and Zoning Department and the Planning Board to consider an
5 ordinance revising Land Development Code Section 20 -8.9 entitled "Special exceptions" in
6 order to set a time limit for commencing a development project which has been granted a
7 special exception in a Transit Oriented Development District (TODD); and providing for an
8 effective date.
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10 WHEREAS, the Land Development Code contains provisions allowing for special
11 exceptions to be granted in the Hometown District Overlay Zoning District and also requires a
12 granting of a special exception for large projects in the Transit Oriented Development District
13 (TODD); and
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15 WHEREAS, Section 20 -7.51 of the Land Development Code sets a time limit for
16 commencing a development project which has been granted special exceptions in the Hometown
17 District Overlay Zoning District; and
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19 WHEREAS, Section 20 -8.9 of the Land Development Code requires the granting of
20 a special exception if a project is built on a site in excess of 40,000 square feet in a Transit
21 Oriented Development District (TODD), however, there is no time limit for commencing a
22 development project which has been granted the special exception; and
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24 WHEREAS, the City Administration is aware that in the future there could be
25 development projects in the Transit Oriented Development District (TODD) which after receiving
26 a special exception approval may fail to commence the project within a reasonable time period
27 thereby making the granted special exception void.
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29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
30 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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32 Section 1. That the Planning Board and the Planning and Zoning Department are
33 requested to initiate and recommend upon necessary legislation to amend Section 20 -8.9 entitled
34 "Special exceptions" in order to set a time limit for commencing a development project which has
35 been granted a special exception in a Transit Oriented Development District (TODD) Zoning
36 District.
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38 Section 2. This resolution shall be effective immediately upon being approved.
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40 PASSED AND ADOPTED this day of 2010
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42 ATTEST: APPROVED:
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46 CITY CLERK MAYOR
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9 READ AND APPROVED AS TO FORM
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41 X: \Comm Items\2010 \3- 16- 10\LDC Amend Spec Exception Limit Resol.doc
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris: