7South Miami
NIAmericaCily
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2007
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Buford R. "Randy" Witt, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: August 3, 2010 ITEM
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the 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); providing for severability; providing for ordinances in
conflict; and providing an effective date.
BACKGROUND
The City Commission recently 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. The Commission
adopted Resolution No. 68 -10 -13102 which directed the Planning and Zoning Department and the
Planning Board to consider an amendment to the Land Development Code to correct the TODD situation.
This situation could occur again in the future and it was felt that special exception approvals should have
an expiration date by 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.
EXISTING LDC REGULATIONS
As stated'above the Hometown Overlay District (HD -OV) allows special exceptions (i.e. variances) to be
granted for development projects after public hearings by the Planning Board and City Commission. The
regulations also require that development must be started within two years and completed within five
years. This provision (Section 20 -7.51) in the Hometown Overlay District reads as follows:
HOMETOWN DISTRICT OVERLAY
Section 20 -7.51 Special exception.
"(D) Special exceptions, if granted, shall be valid if development, as defined in Section
380.04, Florida Statutes, commences within twenty-four (24) months from the date offinal
approval and is substantially completed within five (5) years from the date of issuance of
the first building permit. The time for substantial completion may be extended by the city
commission upon application filed prior to the expiration of the substantial completion
period and upon demonstration of good cause. "
PROPOSED AMENDMENT
Land Development Code Section 20 -8.9 requires the granting of a special exception if a project is built
on a site in excess of 40,000 square feet in a Transit Oriented Development District (TODD). However,
there is no time limit for commencing a development project which has been granted the special
exception. The City Administration is aware that in the future there could be development projects in the
Transit Oriented Development District (TODD) which after receiving a special exception approval may
fail to commence the project within a reasonable time period. It is proposed that the same wording as is in
affect in the Hometown District should be added to the special exception regulation in the TODD zone.
The attached draft ordinance contains the proposed amendment recommended by the Planning Board.
PLANNING BOARD ACTION:
During discussion it was agreed that current wording used in the Hometown District regulations on
Special Exceptions should be used in the TODD regulations with a minor adjustment substituting the
word "new construction " for the word "development"
The Planning Board discussed the issue at its April 27, 2010 meeting. The Board at its June 15, 2010
meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nay recommending approval of the
proposed amendment as modified.
RECOMMENDATION.
It is recommended that the amendments as set forth in the attached draft ordinance be approved.
Backup Documentation:
Draft Ordinance
Resolution No 68 -10 -13102
LDC Sec. 20 -7.51 Special exception (Hometown District)
Planning Board Minutes Excerpt 6 -15 -10
Planning and Zoning Dept. Staff Report 6 -15 -10
Planning Board Minutes Excerpt 4 -27 -10
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1 ORDINANCE NO.
2
3 An Ordinance of the Mayor and City Commission of the City of South Miami,
4 Florida, amending the Land Development Code Section 20 -8.9 entitled "Special
5 exceptions" in order to set a time limit for commencing a development project which
6 has been granted a special exception in a Transit Oriented Development District
7 (TODD); providing for severability; providing for ordinances in conflict; and
8 providing an effective date.
9
10 WHEREAS, The City Commission recently adopted Resolution No.68 -10 -13102
11 expressing concern that there are development projects in the Transit Oriented
12 Development District (TODD) zoning districts which have received special exception
13 approval from the City but failed to initiate construction and the sites have remained
14 vacant.; and
15
16 WHEREAS, Land Development Code Section 20 -7.51 Special Exceptions in the
17 Hometown Overlay District (HD -OV) also allows special exceptions (variances) to be
18 granted for development projects, however, the regulations specifically provide that
19 development must be started within two years and completed within five years; and
20
21 WHEREAS,; Land Development Code Section 20 -8.9 Special Exceptions in the
22 Transit Oriented Development District (TODD) requires the granting of a special
23 exception if a project is built on a site in excess of 40,000 square feet, however, there is no
24 time limit for commencing a development project which has been granted the special
25 exception; and
26
27 WHEREAS, the Planning and Zoning Department has prepared an amendment to
28 Land Development Code Section 20 -8.9 which would provide that the same regulation
29 currently in affect in the Hometown District be added to the special exception regulation in
30 the TODD zone; and
31
32 WHEREAS, the Planning Board at its June 15, 2010 meeting after public hearing
33 and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed
34 amendment with a minor modification; and
35
36 WHEREAS, the City Commission desires to accept the recommendation of the
37 Planning Board and enact the aforesaid amendment.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
41
42 Section I. That Section 20 -8.9, entitled "Special exceptions" is hereby amended to read as
43 follows:
44 ARTICLE VIII. TRANSIT - ORIENTED DEVELOPMENT DISTRICT
45
46 Section 20 -8.9 Special exceptions.
47
48 (A) For those existing uses in this district, any alterations or additions to those
49 buildings shall be in conformance with the provisions of this ordinance, however, existing heights
50 of existing buildings and floors may remain at current heights and additional floors may be added
51 above in accordance with this ordinance. Existing gas station uses may be permitted to have a one -
52 time alteration to allow for the addition of additional floors above.
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(B) Any site that is in excess of forty thousand (40,000) square feet shall qualify for a
large scale, development use and must be reviewed by the Planning Board via the special use permit
process.
1. A special exception, if granted shall be valid if new construction, as
defined in Section 380.04, Florida Statutes, commences within twenty-
four (24) months from the date of final approval and is substantially
completed within five (5) years from the date of issuance of the lirsP
building permit. The time for substantial completion may be extended
by the city commission upon application AW prior to the expiration of
the substantial completion period and upon demonstration of good
cause.
1622 Any property to be developed under a large -scale development program and all
under single ownership may have residential uses on the first floor, however, they
are not permitted on the first floor within that portion of the building or
development fronting on the front or main street.
(C) 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."
Note: New wording shown in bold/underlined; wording to be removed shown in4&4�-Wwe�ls¢
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
W" 11.1
CITY CLERK
I" Reading —
2 °a Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2010
APPROVED:
MAYOR
[K61u1uI(. 4[87►1•I[61ym
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: (Comm ltems1201018- 3- 101LDC Amend Special Exception TODD. Ord. doc
RESOLUTION NO. 68-10-1,.3 02
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.
WHEREAS, the Land Development Code contains provisions allowing for special
exceptions to be granted in the Hometown District Overlay Zoning District and also requires a
granting of a special exception for large projects in the Transit Oriented Development District
(TODD); and
WHEREAS, Section 20 -1.51 of the Land Development Code sets a time limit for
commencing a development project which has been granted special exceptions in the Hometown
District Overlay Zoning District; and
WHEREAS; Section 20 -8.9 of the Land Development Code requires the granting of
a special exception if a project is built on a site in excess of 40,000 square feet in a Transit
Oriented Development District (TODD), however, there is no time limit for commencing a
development project which has been granted the special exception; and
WHEREAS, the City Administration is aware that in the future there could be
development projects in the Transit Oriented Development District (TODD)' which after receiving
a special exception approval may fail to commence the project within a reasonable time period
thereby making the granted special exception void.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Planning, Board and the Planning and Zoning Department are
requested to initiate and recommend upon necessary legislation to amend 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) Zoning
District.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this6th day of April, 2010
ATTEST:
*ITY6CLERX-
Y a
Res. No. 68 -10 -13102
2
READ AND AlPPROVED AS TO FORM
AND SUF '�Gl NCY:
CITY ATTORNEY
XXomm Items\20M3- 16- 10\L.DC Amend Spec Exception Limit Resoi.doc
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
5 -0
Yea
Yea
Yea
Yea
Yea
20 -7.51 Special exception.
(A) The city commission may, by special exception, waive strict compliance with the provisions of
the Hometown District Overlay Ordinance [this article]. In granting a special exception, the city commission
must find by substantial competent evidence that:
(1) The proposed development contributes to, promotes and encourages the improvement of the
Hometown District and catalyzes othier development as envisioned in the Hometown District
regulations.
(2) The proposed development is compatible with the land uses and development intensities
prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the design criteria
established for the Hometown District and with the overall image of the city.
(4) The proposed development shall be designed in a manner that provides for effective management
of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the
development, and management of the impacts of the development on public facilities and
services.
(5) The proposed development does not expand the permitted uses within the Hometown District.
(6) The proposed development will not have an unfavorable effect on the economy of the City of
South Miami.
(7) The proposed development, when considered cumulatively with other development, both present
and future, within the Hometown District, will not create excessive overcrowding or
concentration of people or population.
(B) The city commission, in granting any special exception, may prescribe any reasonable
conditions, restrictions; and limitations it deems necessary or desirable, in order to preserve and promote the
intent of the Hometown District Overlay Ordinance.
(C) Special exceptions, if granted, shall be valid only for the specific design. shown in the plans and
exhibits submitted as part of the special exception application, as provided in Section 20 -7.52 of this Code. Ail
deviations from the requirements of the Hometown District Overlay Ordinance incorporated within and
reflected on the site plan and exhibits shall be considered a part of the application. Approval of the site plan and
exhibits by the city commission shall constitute approval of the nonuse deviations identified on the site plan and
exhibits unless the city commission approves a motion to the contrary. No further individual or separate
application for deviations approved by the city commission shall be required. If the applicant wishes to make
material changes to the design subsequent to receiving a special exception, the applicant must apply for a new
special exception following the procedure set forth herein.
(D) Special exceptions, if granted, shall be valid if development, as defined in Section 380.04,
Florida Statutes, commences within twenty -four (24) months from the date of final approval and is substantially
completed within five (5) years from the date of issuance of the first building permit. The time for substantial
completion may be extended by the city commission upon application filed prior to the expiration of the
, ubstantial completion period and upon demonstration of good cause.
20 -8.9 Special exceptions.
(A) For those existing uses in this district, any alterations or additions to those buildings
shall be in conformance with the provisions of this ordinance, however, existing heights of
existing buildings and floors may remain at current heights and additional floors may be
added above in accordance with this ordinance. Existing gas station uses may be permitted to
have a one -time alteration to allow for the addition of additional floors above.
(B) Any site that is in excess of forty thousand (40,000) square feet shall qualify for a large
scale development use and must be reviewed by the Planning Board via the special use permit
process.
1. Any property to be developed under a large -scale development program and all under
single ownership may have residential uses on the first floor, however, they are not
permitted on the first floor within that portion of the building or development fronting
on the front or main street.
(C) No single use in the TO.D.D. Zone shall exceed a gross floor area of eighty thousand
(80,000) square feet, except residential uses.
(D) Within the MU -5 subcategory the maximum height of new buildings or additions shall
be restricted to four (4) stories as permitted, or up to eight (8) stories as permitted with bonus;
but in no case shall exceed one hundred (100) feet.
(E) A, minimum lot area of five thousand (5,000) square feet shall be required for any of the
following nonresidential uses: Institutional, Public Service, General Commercial Entertain-
ment, Commercial Recreation, Office, and Recreation/Open Space, Light Industrial.
(F) 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
must be met:
If the distance from the exterior wall to the property, line is less, than five (5) feet, the
applicant must show evidence of a maintenance easement from adjacent property
owner(s); 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.
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Department 0
Date: June 15, 2010
Re: LDC Amendment — Special
Exception Limit TODD Sec. 20 -8.9
(REVISED)
PB -10 -004
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 -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); providing for
severability; providing for ordinances in conflict; and providing an effective date.
BACKGROUND
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 exception approvals
should have an expiration date by 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 City commission
adopted Resolution No. 68-10-13102 directing the Planning and Zoning Department and the
Planning Board to consider drafting the proper amendment to correct this situation.
EXISTING LDC REGULATIONS
As stated above the Hometown Overlay District (HD -OV) allows special exceptions (i.e.
variances) to be granted for development projects after public hearings by the Planning Board
and City Commission. The regulations also require that development must be started within two
years and completed within five years. This provision (Section 20 -7.51) in the Hometown
Overlay District reads as follows:
LDC Amendment
April 27, 2010
Page 2 of 3
HOMETOWN DISTRICT OVERLAY
Section 20 -7.51 Special exception.
"(D) Special exceptions, if granted, shall be valid if development, as defined in
,Section 380.04, Florida Statutes, commences within twenty-four (24) months
from the date of final approval and is substantially completed within five (S)
years from the date of issuance of the first building permit. The time for
substantial completion may be extended by the city commission upon application
filed prior to the expiration of the substantial completion period and upon
demonstration of good cause. "
PROPOSED AMENDMENT
Section 20 -8.9 of the Land Development Code requires the granting of a special exception if a
project is built on a site in excess of 40,000 square feet in a Transit Oriented Development
District (TODD). However, there is no time limit for commencing a development project which
has been granted the special exception. The City Administration is aware that in the future there
could be development projects in the Transit Oriented Development District (TODD) which
after receiving a special exception approval may fail to commence the project within a
reasonable time period. It is proposed that the same wording as is in affect in the Hometown
District should be added to the special exception regulation in the TODD zone. The following
wording (shown in bold/underlined) would be added to Section 20 -8.9:
ARTICLE VIII.
TRANSIT - ORIENTED DEVELOPMENT DISTRICT
x ]( at k at
"Section 20 -8.9 Special exceptions.
(A) For those existing uses in this district, any alterations or additions to those
buildings shall be in conformance with the provisions of this ordinance, however, existing
heights of existing buildings and floors may remain at current heights and additional floors may
be added above in accordance with this ordinance. Existing gas station uses may be permitted to
have a one -time alteration to allow for the addition of additional floors above.
(B) Any site that is in excess of forty thousand (40,000) square feet shall qualify for
a large scale development use and must be reviewed by the Planning Board via the special use
permit process.
1. A special exception if granted shall be valid if development, as defined
in Section 380 04 Florida Statutes commences within twenty -four
(24) months from the date of final approval and is substantially
completed within five (S) years from the date of issuance of the first
the substantial completion period and upon demonstration of good
cause.
LDC Amendment
April 27, 2010
Page 3 of 3
�2, Any property to be developed under a large -scale development program and all
under single ownership may have residential uses on the first floor, however,
they are not permitted on the first floor within that portion of the building or
development fronting on the front or main street.
(C) 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."
Note: New wording shown in bold/undertined; wording to be removed shown in444e
PLANNING BOARD ACTION
This item came before the Board at its April 27, 2010 meeting. The matter was deferred so
that staff could consider additional wording or adjustments based upon discussion by Board
members. An excerpt from that meeting is attached.
• The following suggestions to improve the amendment were made:
• An applicant should get a building permit in 24 months and have five years from
issuance of a permit to complete construction;
• The development must be substantially completed in five years from date of
commencement;
• The development should have 36 months to get a permit and fours years to complete
construction;
• The word commencement is not the right word;
• This section in the TODD district should be the same as the hometown;
RECOMMENDATION
It is recommended that the proposed amendment to Section 20 -8.9. originally set forth on p. 2
above be approved as worded.
Attachments:
Resolution No. 68 -10 -13102
LDC Sec. 20 -7.51
LDC Sec. 20 -8.9
Planning Board Minutes Excerpt 4 -27 -10
Public Notices
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' IMINAIN 1
Regular Meeting
Meeting Minutes
Tuesday, June 15, 2010
City Commission Chambers
7 :30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:46 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Vice Chair Morton requested a roll call.
1 _� O-- A
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Whitman, Mr.
Farfan, Ms. Beckman and Mr. Cruz. Board members absent: Ms. Yates.
City staff present: Mr. Thomas I Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator).
Deputy City Attorney: Mr. Mark Goldstein
III. Planning Board Applications/Public Hearings
PB -10 -004
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 -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); providing for
severability; providing for ordinances in conflict; and providing an effective date.
Action: Mr. Morton read the item into the record.
Planning Board Meeting
June 15, 2010
Page 2 of 4
Mr. Youkilis stated that this item came before the Board two weeks prior. The application is an
ordinance related to Special Exceptions, currently the Special Exceptions in the Hometown
Overlay can be granted and are similar to variances. Section 20- 7.51 Special Exceptions in the
Hometown Overlay states that:
"(D) Special exceptions, if granted, shall be valid if development, as defined in
Section 380.04, Florida Statutes, commences within twenty-four (24) months from
the date of final approval and is substantially completed within five (5) years from
the date of issuance of the first building permit. The time for substantial
completion may be extended by the city commission upon application filed prior
to the expiration of the substantial completion period and upon demonstration of
good cause. "
The Special Exception appears in the TODD district. However, it is required only if a project
site is in excess of forty thousand (40,000) square feet. The regulation does not specify how long
the Special Exception is in effect. There have been a couple of cases where Special Exceptions
have been granted and they have been inactive for over five years ago. Staff suggested that same
language in the Hometown be included in the Transit Oriented Development District (TODD).
The Board in the last meeting provided suggestions to the applicant in the April 27, 2010
meeting. Staff recommended what was suggested in the previous meeting and/ or add different
wording.
Mr. Morton commented that he researched Section 380.04 to see what the trigger was. On one
of the items in the Florida statutes, the section triggers that development is defined in a list. One
of the words on the list is demolition of a structure. He commented that within the twenty -four
(24) month period, if there is a dilapidated building in a Special Exception area, the property
developer would be prudent to wait twenty- three months to file for an application for removal.
In that situation the applicant could demolish the property in five years. Mr. Morton suggested
that if this is not corrected there could be a catch twenty -two.
Mr. Youkilis recommended changing the language of the proposed item to read, "Shall be valid
if development begins within twenty -four months" with the removal of Section 380.04. Mr.
Morton commented that the way it is read gives the impression that development is defined by
380.04.
Mr. Morton was concerned that if an applicant did the demolition in week two of the two year
period the applicant in effect has five years. He commented that as a developer if the applicant
would get approval for a Special Exception for the design and development phase that was the
idea for the twenty four month window. The project would then take five years to complete.
Mrs. Beckman agreed and questioned if there was a demolition rule that could over ride the
Section. Mr. Goldstein replied that an unsafe structure allows for the applicant to appeal to Code
Enforcement. However, the Board could attach a timeline.
Mr. Cruz suggested adding a phrase excluding unsafe structure, demolition for certain purposes.
It will also state that certain demolitions cannot be started. Mr. Goldstein responded that the
Planning Board Meeting
June 15, 2010
Page 3 of 4
suggestion could be done, but is the Board building too much in the way of an exception. He
questioned how many instances could this apply to as a practical matter.
Mr. Morton questioned if there are any sites that are vacant. Mr. Youkilis commented that the
proposal could be used for the future since the corner of 62 "d does not apply to this situation.
Mr. Vageline commented that the corner of SW 62 "d is an example where there are existing
buildings on a property. However, they are still occupied. He commented that if the Board is
looking at the property as if it were vacant, abandoned, or unsafe this would apply.
Mrs. Beckman questioned if the item was only in regards to the TODD district and if west of SW
62 "d avenue is in the TODD district. Mr. Youkilis responded yes, it is the TODD district. Mr.
Whitman replied that the place were the gas station use to be is considered the TODD district.
Mr. Youkilis recommended changing the wording to if new construction commences within
twenty -four (24) months.
Mrs. Beckman questioned if there was a one year time limit to start a project. Mr. Whitman
responded that one year limit was for a variance. Mr. Morton commented that the twenty -four
(24) month time frame was from the concept of the construction drawing to permits. He
commented that it is not reasonable to do it in a year that is why a year is too short.
Mrs. Beckman questioned why this application was tied to the Hometown Plan... Mr. Whitman
replied that the idea was that it is the same issue and it would be useful if the wording of the
TODD and Hometown are identical.
The Vice Chair opened the public hearing.
Speakers-
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Sharon McCain 7502 SW 58 Avenue Opposed
Ms. McCain expressed her concern that the public needs to be made aware of why the
application is being proposed. She informed the Board that the item has to do mainly with the
development at the corner of SW 62 "d Avenue, which was five years ago. She commented that
the gas station that was in front of the Medical Arts Building was also demolished during that
period of time. Ms. McCain proposed a theory that as Mr. Youkilis stated that there is no time
frame, as a citizen you would think in the Land Development Code there would be a time limit in
every section of the city. She recommended that the Board define unsafe structure. Ms. McCain
commented that if a building is demolished, however, if it is dilapidated or unsafe you have to
make sure that a Department cannot deviate from the requirement.
Ms. McCain questioned if a structure is demolished, are taxes reduced. Mr. Whitman responded
that the taxes are lowered. She suggested that the Board needs to provide the most recent updates
on the properties because they are not providing all the information and it is hard to come up
with an honest answer.
Planning Board Meeting
June 15, 2010
Page 4 of 4
The Vice Chair closed the public hearing.
Mr. Whitman questioned if the Hometown District has the five year rule. For example, the Bank
property time has been decreasing since the approval of their Special Exception. He questioned if
the bank's time has run out. Mr. Youkilis responded there is a Development Agreement in effect
that supersedes the time limit.
Mr. Cruz questioned how long the Development Agreement with the Bank was. Mr. Vageline
responded ten years from the date it was recorded, which was 2007.
Mr. Whitman questioned does there always have to be a development agreement. Mr. Youkilis
responded no. Mr. Goldstein replied that there is never been a consistent use of development
agreements, but by practice it is done with large developments when there are various
concessions that are wanted by the City in connection with that development such as dedications.
Mr. Whitman questioned if the development agreement has to be consistent with codes and
ordinances of the City. Mr. Goldstein stated that generally the City codes prevail, however,
agreements. tend to precede the requirements of what is in the City codes.
Motion: Mr. Farfan moved to approve the proposed amendment with the stipulation of the
removal of the word " development" as defined in Section 380.04, Florida Statutes to be replaced
with the wording "New Construction ". Mr. Whitman seconded.
Vote: 6 Ayes 0 Nays
XACOMM ITEMS\ 2010 \8- 3- 10\PB.MINUTES.6.15.2010 EXCERPT SPEC EXCEP.DOC
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 27, 2010
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:40 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Yates requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Cruz, Ms. Yates, Mr.
Comendeiro, Mr. Farfan, and Mr. Whitman. Board member absent: Ms. Young.
City staff present: Mr., Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant) and Lourdes Cabrera - Hernandez (Principal Planner).
111. Planning Board Applications/Public Hearings
PB -10 -004
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 -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); providing for
severability; providing for ordinances in conflict; and providing an effective date.
Action: Ms. Yates read the item into the record.
Planning Board Meeting
April 27, 2010
Page 2 of 4
Mr. Youkilis informed the Board that the item was being brought to them by a resolution from
the City Commission. The City Commission expressed concern that in the Transit Oriented
Development District (TODD), the word special exception is used and it essentially limited only
to approving a project that is proposed on a forty thousand square feet or more site. The Code
does not provide any limit to how long the special exception is valid. As of the moment, there are
special exceptions that were approved four years ago and have not been acted upon. In the
Hometown District there is a limit on how long a special exception (variance) is valid.
Mr. Youkilis proposed that the following special exception limitation in effect for the Hometown
District be placed in the TODD chapter.
Section 20 -7.51 Special exception.
"(D) Special exceptions, if granted, shall be valid if development, as defined in
Section 380.04, Florida Statutes, commences within twenty-four (24) months
from the date of final approval and is substantially completed within five (S)
years from the date of issuance of the first building permit. The time for
substantial completion may be extended by the city commission upon
application filed prior to the expiration of the .substantial completion period and
upon demonstration of good cause. "
Mr. Whitman questioned what substantially complete means. Mr. Vageline responded that it is
when the shell of the project is complete and almost done.
Ms. Yates questioned how many current applications does this pertain too. Mr. Youkilis replied
that this could apply to several, including the Medical Arts Plaza and the Metro Rail.
Mr. Cruz questioned if ten years from now the applicant could build the lot however they want.
Mr. Whitman responded that they would have to build according to what was approved on the
original plan. Mr. Youkilis further commented that the applicant would not have to return for a
special exception approval.
Ms. Yates commented that there should be a time limit for special exceptions as there are now on
special uses and variances.
Mr. Morton questioned if there is a development agreement that has a time limit and the
definition of development. Mr. Youkilis responded no and read the definition that is found in
Section 380.4.
Mr. Cruz commented that once you start building it needs to be inspected and approved every six
months and even if it is for minor things.
Ms. Yates commented that it should not take more than two years to pull a permit for a project.
Planning Board Meeting
April 27, 2010
Page 3 of 4
Mr. Youkilis commented that instead of saying development commences, it could be said if
permit is obtained.
Mr. Whitman commented that this section of the Code should be identical to the one in the
Hometown.
The Chairman opened the Public Hearing.
No discussion
Chairman closed the public hearing.
Mr. Morton questioned if the applicant has the five years extended, what happens after the
twenty -four months, will they be granted an extension. Mr. Vageline responded that under the,
the Florida statue definition, if the applicant cleared the property and demolishes a building those
are all valid triggers of development. The Florida Statue is pretty liberal.
Mr. Cruz recommended that there will be no loop hole if the wording of the application has five
years after commencement rather than after the building permit. Then the applicant will have
five years to complete the project. Mr. Cruz commented if there are any buildings caught in the
loop hole we should fix it,
Ms. Yates suggested:
"(D) Special exceptions, if granted, shall be valid if development, as
defined in Section 380.04, Florida Statutes, commences within twenty -
four (24) months from the date of final approval and is substantially
completed after five (5) years from the date of commencement. The time
for substantial completion may be extended by the city commission upon
application filed prior to the expiration of the substantial completion
period and upon demonstration of good cause. "
Mr. Whitman recommended that the applicant has 24 months to get the building permit and then
you have five years from the building permit to complete construction.
Mr. Commendairo commented that based on the language the word commencement is not the
correct wording.
Mr. Morton suggested changing to thirty -six months and changing the five to four years, then
you have 36 months to get your permits and four years to get it constructed.
Mr. Cruz suggested deferring the item to allow staff to research and come up with any other
sections of the Code that need to be adjusted. Mr. Cruz questioned if all the words used are
defined in the Land Development Code. Mr. Youkilis responded that some of the words are
Planning Board Meeting
April 27, 2010
Page 4 of 4
defined others are not.
Motion: Mr. Cruz moved to defer the application to allow staff to do additional research on the
topic. Ms. Yates seconded.
Vote: 6 Ayes 0 Nays
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