15C €
•• CITY OF SOUTH MIAMI
NIORPORATEP
�� o aYOa OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoor
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Departmen a woo*
Date: February 15, 2011 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- 8.9(B)(1) entitled "Special exceptions" in order to reduce the
time limit for commencing and completing 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 for an effective date.
BACKGROUND
The City Commission at its January 4, 2011 meeting adopted Ordinance No. 02 -11 -2075 which revised the
Special Exception regulations (Sec. 20 -7.51) in the Hometown Overlay Zone (ID-OV). The original
revision to this section was to change the word "development" to "new construction" which was
recommended by the Planning Board. During the review of this recommendation the City Commission
also felt that the time period allowing for new construction to begin and to be completed was too long and
needed to be reduced.
ADOPTED LDC AMENDMENT
It addition to changing the word "development" to "new construction ", the following time period change
shown below in bold was included:
HOMETOWN OVERLAY ZONE (HD -OV)
Section 20 -7.51 Special Exceptions
"(D) Special exceptions, if granted, shall be valid if development, new construction as defined in Seefie^
Statutes, 380.04, Florida commences within ... ° (24) eighteen (18) months from the date of final
approval and is substantially completed within five (5) two 2 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."
rnew wording shown in boldlunderlined; wording to be removed shown in &P4e4hpeugh)
The City Commission adopted the above change (Ordinance No. 02 -11- 2075). It is important to note that
the Commission removed the wording which refers back to the Florida Statutes because the words "new
construction" are not set forth in the Statute.
The City Commission then requested that the Planning Board be
period amendment in the TODD special exception regulations.
can be seen in Ord. No. 26 -10 -2051, attached.
PROPOSED LDC AMENDMENT (as proposed by staff)
TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD)
asked to consider making the same time
The current special exception regulation
Section 20 -8.9 (13)(1)Special exceptions
"(1) Special exceptions, if granted, shall be valid if new construction °- ae-f;_e-a in Seetio_ 980.04, Florida
commences within eighteen (18) months from the date of final approval and is
substantially completed within two 2 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."
fnew wording shown in bold/underlined: wording to be removed shown in r'v'�g; )
PLANNING BOARD ACTION:
The Planning Board at its meeting on January 11, 2011 conducted a public hearing and adopted a motion
by a vote of 7 ayes 0 nays recommending approval of the proposed amendment (above) with the
following revision: that the special exception for both the commencement time limit or the substantial
completion date may be extended by the City Commission.
RECOMMENDATION
The commencement time limit of eighteen months is a significant length of time and the provision for
extending it is not appropriate; it is recommended that the proposed amendment to Section 20 -8.9 (as
proposed by staff) be approved on first reading.
Attachments:
Draft ordinance
Ord No. 02 -11 -2075
Ord No. 26 -10 -2051
Planning Dept. Staff Report t -11 -I 1
Planning Board Minutes Excerpt 1 -11 -I I
TJVtsAY
X: \Comm Items\2011\2 -15 -I 1 \LDC Amend Special Except rime TODD CM Report.doe
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida
amending the Land Development Code Section 20- 8.9(B)(1) entitled "Special
exceptions" in order to reduce the time limit for commencing and completing 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 for an effective date.
WHEREAS, the City Commission at its January 4, 2011 meeting adopted
Ordinance No. 02 -11 -2075 which revised the Section 20 -7.51 Special Exception
regulations in the Hometown Overlay Zone (HD -OV) in response to concerns that there
were development projects which received special exception approval from the City but
failed to initiate construction and the sites have remained vacant; and
WHEREAS, the same ordinance adopted on January 4, 2011 created the new time
limit requirement for commencing and completing new construction projects in the
Hometown Overlay Zone (HD -OV) which have been granted a special exception; said time
limit for commencing was changed from twenty four (24) months to eighteen (18) months
and the time limit for completion was changed from five (5) years to two (2) years ; and
WHEREAS, during the review of the ordinance adding a new time limit
requirement for new construction projects in the Hometown Overlay Zone (HD -OV), it
was directed by the City Commission that the same time limits for commencing and
completing new construction projects must be added to the special exception section in the
Transit Oriented Development District (TODD); and
WHEREAS, the Planning and Zoning Department prepared a separate ordinance
amending Section 20- 8.9(B)(1) Special Exception, Transit Oriented Development District
(TODD), to include the same time limits for commencing and completing new
construction projects in the TODD zoning district; and
WHEREAS, the Planning Board at its January 11, 2011 meeting after public
hearing, adopted a motion by a vote of 7 ayes 0 nays recommending that the proposed
amendment be approved with a recommendation that both the commencement time limit
and the substantial completion date may be extended by the City Commission; and
WHEREAS, the City Commission desires to accept the recommendation of the
Administration 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 Section 20- 8.9(B)(1), entitled "Special exception" is hereby amended to
read as follows:
TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD)
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Section 20 -8.9 (B)(1)Special exceptions
"(1) Special exceptions, if granted, shall be valid if new construction as defined in Seetien 380.04,
°7^ro6da -Sta Rtes,— commences within twenty four (24 ei2hteen (18) months from the date of final
approval and is substantially completed within five (5) two 2 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."
fnew wording shown in bold /underUned wording to be removed shown in sEr ka ZJx ezegTe)
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
ATTEST:
CITY CLERK
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2011.
1.77 Z911VANG
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items\2011\2- 15- 11\LDC Amend Special Except Time TODD Ord.doc
ORDINANCE NO. 02-11-20,75,
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code Section 20 -7.51 entitled "Special
exceptions" in order to revise the wording in Section 20- 7.51(19) to replace the word
"development" with the word "new construction" for the purpose of clarifying when
the time limitation begins for development projects which have been granted a special
exception in the Hometown Overlay Zone (HD -OV); providing for severability;
providing for ordinances in conflict; and providing an effective date.
WHEREAS, the City Commission at its September 7, 2010 meeting adopted
Ordinance No. 26 -10 -2051 which revised the Section 20 -8.9 (B)(1) Special Exception
regulations in the Transit Oriented Development District (TODD) zoning district in
response to concerns that there were development projects which received special
exception approval from the City but failed to initiate construction and the sites have
remained vacant; and
WHEREAS, ordinance No. 26 -10 -2051 created a new requirement that
development projects granted a special exception in a TODD District must be started
within two years and completed within five years, which provision was already in effect in
the Hometown Overlay District; and
WHEREAS, during the review of the ordinance adding a time limit to the TODD
special exceptions, it was agreed that the word "development" was not appropriate since
special exceptions could only be granted to new buildings it was agreed to recommend that
the word "development" be changed. to "new construction"; and
WHEREAS, the Planning and Zoning Department was required to prepare a
separate ordinance amending Section 20 -7.51 (D) Special exception, Hometown District
Overlay, to also remove the word "development" and replace it with the word "new
construction" which amendment had been placed in the TODD section; and
WHEREAS, the Planning Board at its September 23, 2010 meeting after public
hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed
amendment be approved; 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 I. That Section 20- 7.51(D), entitled "Special exception" is hereby amended to
read as follows:
Ord. no. 02 -11 -2075
I-IOMETOWN DISTRICT OVERLAY
Section 26 -7.51 Special exception.
z
"(D) Special exceptions, iif granted, shall be valid if develepnzei , new construction as
, commences within twe3tt3+-faa - F) eighteen
ateen
(18) months from the date of final approval and is substantially completed within five (5)
two 2 years f •om 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." .
fnew wording shown in bold/underlined: wording to be reinoved shown in - NFga -t romee)
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 4th
ATTEST:
CY CLERK
I't Reading — 11116110
2 "d Reading-12/7/10
3rd Reading: 1/4/11
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
/g, //`-- _
CITY ATTORNEY
day of January 2011
APPROVED:
�``//�////__ 9�Ma--
MAYOR
COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
X: \Comm Items\2011 \1 -4 -1 ITDC Amend Special Except Hometown Ord revised.doc
ORDINANCE NO. 26-10-2051
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.
WHEREAS, The City Commission recently adopted Resolution No.68 -10 -13102
expressing 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.; and
WHEREAS, Land Development Code Section 20 -7.51 Special Exceptions in the
Hometown Overlay District (HD -OV) also allows special exceptions (variances) to be
granted for development projects, however, the regulations specifically provide that
development must be started within two years and completed within five years; and
WHEREAS,; Land Development Code Section 20 -8.9 Special Exceptions in the
Transit .Oriented Development District (TODD) requires the granting of a special
exception if a project is built on a site in excess of 40,000 square feet, however, there is no
time limit for commencing a development project which has been granted the special
ception; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
Land Development Code Section 20 -8.9 which would provide that the same regulation
currently in affect in the Hometown District be added to the special exception regulation in
the TODD zone; and
WHEREAS, the Planning Board at its June 15, 2010 meeting after public hearing
and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed
amendment with a minor modification; 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 Section 20 -8.9, entitled "Special exceptions" is hereby amended to read as
follows:
ARTICLE VIII. TRANSIT - ORIENTED DEVELOPMENT DISTRICT
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.
Ord. No. 26 -10 -2051
(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 Rye (5) years from the date of issuance of the first
buildings 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.
4F: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 boldlunderlined• wording to be removed shown ink +rough]
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 7 "' day of September, 2010
ATTEST: APPROVED:
R e
C Y CLERK MAYS
I" Reading - 8/17/10
2 "d Reading - 9/7/10
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Core:nissioner Palmer:
Yea
Ccmmissioner Beasley:
Yea
Co.r nissioner Harris:
Yea
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Department s
Date: January 11, 2011
Re: LDC Amendment -TODD_
TODD Special Exception Time Period
PB -11 -002
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(B)(1) entitled "Special exceptions" in order to reduce the
time limit for commencing and completing 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 for an effective date.
BACKGROUND
The City Commission at its January 4, 2011 meeting adopted Ordinance No. 02 -11 -2075 which revised the
Special Exception regulations (Sec. 20 -7.51) in the Hometown Overlay Zone (HD -OV). The original
revision to this section was to change the word "development' to "new construction" which was
recommended by the Planning Board. During the review of this recommendation the City Commission
also felt that the time period allowing for new construction to begin and to be completed was too long and
needed to be reduced.
ADOPTED LDC AMENDMENT
It addition to changing the word "development' to "new construction ", the following time period change
shown below in bold was included:
HOMETOWN OVERLAY ZONE (HD -OV)
Section 20 -7.51 Special Exceptions
"(D) Special exceptions, if granted, shall be valid if dev t—lnew construction aq &.441ed ill c .,4an
380 nn Florida St , commences within t�� e
ras -feiar(�) eighteen (18) months from the date of final
approval and is substantially completed within €ice (5) two 2 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."
jnew wording shown in boWunderlined; wording to be removed shown in st the- tlrreug)
The City Commission adopted the above change (Ordinance No. 02 -11- 2075). It is important to note that
the Commission removed the wording which refers back to the Florida Statutes because the words "new
construction" are not set forth in the Statute.
The City commission then requested that the Planning Board be asked to consider making the same time
period amendment in the TODD special exception regulations. The current special exception regulation
can be seen in Ord. No. 26 -10 -2051, attached.
TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD)
Section 20 -8.9 (B)(1) Special exceptions
"(1) Special exceptions, if granted, shall be valid if new construction ° a_x_ad :_ r .: -- ° ^. ^"
commences within Avny - ) eighteen (18) months from the date of final approval and is
substantially completed within fi*&+5) two 2 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."
,(new wording shown in bold/underlined; wording to be removed shown in °moo- )
RECOMMENDATION
It is recommended that the amendments as set forth above be approved.
Backup Documentation:
Ord. No. 02 -11 -2075
Ord No. 26 -10 -2051
Public Notices
TN /SAY
X:\PB\PB Agendas Staff Reports\2011 Agendas Staff Reports \l- L1- 11\PB -11 -002 LDC Amend Special Except Time TODD.doc
2
ORDINANCE NO. 02 -11 -2075
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code Section 20 -7.51 entitled "Special,
exceptions" in order to revise the wording in Section 20- 7.51(D) to replace the word
"development" with the word "new construction" for the purpose of clarifying when
the time limitation begins for development projects which have been granted a special
exception in the Hometown Overlay Zone (HD -OV); providing for severability;
providing for ordinances in conflict; and providing an effective date.
WHEREAS, the City Commission at its September 7, 2010 meeting adopted
Ordinance No. 26 -10 -2051 which revised the Section 20 -8.9 (B)(1) Special Exception
regulations in the Transit Oriented Development District (TODD) zoning district in
response to concerns that there were development projects which received special
exception approval from the City but failed to initiate construction and the sites have
remained vacant; and
WHEREAS, ordinance No. 26 -10 -2051 created a new requirement that
development projects granted a special exception in a TODD District must be started
within two years and completed within five years, which provision was already in effect in
the Hometown Overlay District; and
WHEREAS, during the review of the ordinance adding a time limit to the TODD
special exceptions, it was agreed that the word "development" was not appropriate since
special exceptions could only be granted to new buildings it was agreed to recommend that
the word "development" be changed to "new construction "; and
WHEREAS, the Planning and Zoning Department was required to prepare a
separate ordinance amending Section 20 -7.51 (D) Special exception, Hometown District
Overlay, to also remove the word "development" and replace it with the word "new
construction" which amendment had been placed in the TODD section; and
WHEREAS, the Planning Board at its September 23, 2010 meeting after public
hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed
amendment be approved; 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 Section 20- 7.51(D), entitled "Special exception" is hereby amended to
read as follows:
Ord. No. 02 -11 -2075
HOMETOWN DISTRICT OVERLAY
Section 20 -7.51 Special exception.
"(D) Special exceptions, if granted shall be valid if d&vel6pn�: , new construction es
commences within t�nty-fee:r - - ei lateen
(lam months from the date of frnal approval and is substantially completed within fve-F�
two Q years from the date of issuance of thefirst building permit. The time for substantial
completion may be extended by the city commission upon application fried prior to the
expiration of the substantial completion period and upon demonstration ofgood cause."
jnew wording shown in botd/underlined, wording to be removed shown in e4F&4w&W?)
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 4th
ATTEST:
'effY CLERK -
V4 Reading - 11 / 16 /1 0
2 "d Reading -12 / 7/10
3rd Reading: 1/4/11
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of January 2011
APPROVE�M���
- --
COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
X:\Comm Items\2011 \1- 4- 1I\LDC Amend Special Except hometown Ord revised.doe