20South Miami
All•AmadcaMly
CITY OF SOUTH MIAMI III-if
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager/
From: Christopher Brimo, AICP; Director ll /
Planning and Zoning Department
Date: July 19, 2011 ITEM NO
Subject:
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 -2.3 entitled "Definitions" in order to modify
the definition of "Story" to clearly indicate that the use of any floor of a building as a parking
level or partially for parking shall be included in the definition of a single story for the purpose
of determining of the number of stories in a building; providing for severability; providing for
ordinances in conflict; and providing an effective date.
The City's Land Development Code provides height limits for buildings in terms of number of stories
and a maximum height for the structure. The maximum heights of buildings are different depending
on what zoning district a structure is located in, and is defined as follows:
Building height. Shall mean the vertical distance from grade to the highest point of a flat roof or
parapet, or the highest point of a mansard roof, or the average height between the high and low points
of a pitched roof. (City of South Miami LDQ
Under the current City regulations, there has been debate that a story does not include parking
facilities inside a building which can be defined as a parking level; and parking levels are not counted
as stories, or as part of the floor area of a building. This issue is important to potential developers
because if a parking level is not counted as a story, then designers have the flexibility to accommodate
the required parking for their use within the overall maximum height allowed by the zoning district.
LEGAL OPINION
In 2006 the City Attorney, at that time, ruled that since the definition of floor area does not count
parking garage space then this area is not counted as a story. It is considered a parking level. Attached
is a legal opinion dated July 11, 2006 which indicates in the third paragraph that parking levels are
separate from floors. The attorney felt that if the City has consistently determined that "parking levels"
are different from "stories" then that interpretation must continue to be applied. This interpretation has
continued in the absence of an amendment to the Code.
RECENT EXAMPLE
The debate over whether the definition of a story should include parking levels began with a fairly
recent proposal to develop a new building in the TODD MU -5 area. This district was adopted to allow
with bonuses, structures up to eight stories, or a maximum of 100 feet. The rendering submitted by the
applicant demonstrated the result of not counting parking levels as a story. The attached graphic from
the site plan shows a building with eight stories with usable square footage. In addition there are two
floors of parking that are considered parking levels and not counted as stories. Together there appears
to be ten stories in the building, however the total height of the building remains at the maximum 100
feet allowed within that zoning district.
CURRENT LAND DEVELOPMENT CODE DEFINITIONS
Attached are copies of certain definitions which regulate stories and height of buildings. These
include:
a Story Sec. 20 -2.3 (General definitions)
• Building height Sec. 20 -2.3 (General definitions)
• Floor Area, gross Sec. 20 -2.3 (General definitions)
• Story Sec. 20 -7.6 (Hometown District)
The definitions above do not distinguish between different types of stories and therefore the "parking
level" issue is not addressed leaving it to a reliance on the 2006 legal opinion.
LAND DEVELOPMENT CODE AMENDMENT
It is important that height limits and number of stories permitted should be clear and that there is a
consistent interpretation of a story. The following amendment to the definition of story in Section 20-
2.3 is proposed:
"Story. Shall mean that portion of a building, other than a basement of and other than a
mezzanine included that is constructed, between the surface of any floor and the surface of
the floor next above it; or, if there be is no floor next above it, then the space between such
floor and the ceiling next above it. For the purpose of determining the number of stories in
a building, a single story shall consist of occupied and /or useable floor area. The term
"usable floor area" shall include floor area that is used for parking. Each parking level
or floor used for parking shall be defined as a Story when calculating the number of
Stories in a building."
PLANNING BOARD RECOMMENDATION
The Planning Board at its meeting on February 22, 2011 conducted a public hearing and adopted a
motion by a vote of 6 ayes 1 nays recommending approval of the proposed text amendment with the
amendment that Section 20 -7.6 entitled Definitions in the Hometown District be consistent.
OPTIONS
1. Adopt the amendment as presented.
2. Rather than amend the current definition of a "story" to include parking levels, that the City
Commission considers amending the Land Development Code to require screening or aesthetic
treatments consistent with the overall design goals of the City, for either free standing parking
structures (garages) and those connected to a principle use in the TODD and SR HD -OV
districts.
3. Take no action.
Should the City Commission choose to adopt the amended definition as presented (Option 1), then it is
recommended that Multi- Family residential districts be looked at separately to address potential
impacts of the proposed amendment to avoid undue hardship.
Backup Documentation:
Planning Dept. Staf/Report 2 -22 -11 (PB -11 -009)
Planning Board Meeting Minutes Excerpt of 02 -22 -11
Public Notices
Draft Ordinances
LCHZ. ICommItemsI2011WON4- 4- IIIPB -11- 009- STORYIPB- 11- 009LDC Amend Definition Story - REPORT—rev 7-19-1l.doc
I 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 -2.3 entitled "Definitions"
5 in order to modify the definition of "Story" to clearly indicate that the use of any
6 floor of a building as a parking level or partially for parking shall be included in the
7 definition of a single story for the purpose of determining of the number of stories
8 ina building; providing for severability; providing for ordinances in conflict; and
9 providing an effective date.
10
11 WHEREAS, the Land Development Code, regulates the height limits for
12 buildings in terms of number of stories and a specific height number; and
13
14 WHEREAS, the Land Development Code, regulates the maximum height of
15 buildings are different depending what zoning district a building is located in; and
16
17 'WHEREAS, a recent proposal for a new building has �-sug Reed a continuing
18 definition issue as to what is included in a "story" to re- surface; and
19
20 WHEREAS, for years it has been debated that a story does not include par g
21 spaces inside a building which has beewdefined as a parking level and is not counted as a
22 story or as a part of a floor area of a building; and
23
24 WHEREAS, in 2006 the City Attorney ruled that, since the definition of floor
25 area does not include parking garage space, this area in not counted as a story and it is
26 considered a parking level; and
27
28 WHEREAS, the Planning and Zoning Department has prepared an amendment to
29 the Land Development Code in order to modify the definition of "Story" or "Single
30 Story" to clearly indicate that the word "Story" includes any occupied or useable square
31 footage including any space used for parking for the purpose of determining the number
32 of stories in a building; and
33
34 WHEREAS, the Planning Board at its February 22, 2011 meeting g-adopte a
35 motion by a vote of 6 ayes 1 nay recommending approval of the proposed amendment
36 with the amendment that Section 20 -7.6 entitled Definitions in the Hometown District be
37 consistent; and
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39 WHEREAS, the City Commission desires to accept the recommendation of the
40 Planning Board and enact the aforesaid amendment.
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43 NOWo 44 COMMISSIONFOFRTHE CITY OFSOUT AND THE CITY
H MIAMI, FLORIDA
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Section 1. That Section 20 -2.3 entitled "Definitions" is hereby amended as listed
below:
,,Story. Shall mean that portion of a building, other than a basement er and other
than a mezzanine Deluded that is constructed, between the surface of any floor
and the surface of the floor next above it; or, if there be is no floor next above it, the purnose
then the space between such floor and the ceiling next above'rte F shall consist
Stories in a buildinQ."
Section 2. That Section 20 -7.5 entitled "Definitions" is hereby amended to be
consistent with Section 20 -23 as listed below:
, er
of fex}te
1. /1 .idewed
"Story. Shall mean that portion of a building, other than a basement and other
than a mezzanine that is constructed, between the surface of any floor and the
surface of the floor next above it; or, if there is no floor next above it, then the
space between such floor and the ceiling next abo cenitt. For, shall consist of
Stories ina- buitntne:
Section I 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 become effective at the expiration of ten days
after adoption.
2011
PASSED AND ADAPTED this _ day of
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ATTEST:
CITY CLERIC
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
LCHY.-IContm Iiems,2011IMO1J4- 4- 1I1PB -11- 009 -STORI IStory - Ordinance. doc
To: Honorable Chair and'
Planning Board Members
From: Thomas J. Vageline, Director
.Planning and Zoning Department
Date: February 22, 2011
Re: LDC Amendment — Definition of Story
PB -11 -009
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 -2.3 entitled "Definitions" in order to modify the definition
of "Story" to clearly indicate that a story occupied of useable square footage and /or parking spaces
is considered a single story for the purpose of determining height of a building; providing for
severability; providing for ordinances in conflict; and providing an effective date.
BACKGROUND
The Land Development Code provides height limits for buildings in terms of number of stories and a
specific height number. The maximum height of buildings are different depending on what zoning district
a building is located in. A recent proposal for a new building has re- surfaced a continuing definition issue
as to what is included in a "story ".
It has been debated that a story does not include parking spaces inside a building which can be defined as a
parking level and are not counted as stories or as part of the -floor area of a building. This issue is important
to potential developers because if a parking level is not-counted as a story =then what- appears to be
additional stories beyond the maximum limit can he placed as long as maximum height in feet is not
exceeded.
LEGAL OPINION'
In 2006 the City Attorney, at that time, ruled that since the definition of floor area does not count parking
garage space then this area is not counted as a story. It is considered a parking level. Attached is a legal
opinion dated July 11, 2006 which indicates in the third paragraph that parking levels are separate from
floors. The attorney felt that if the City has consistently determined that "parking levels "are different from
"stories" then that interpretation must continue to be applied. This interpretation has continued in the
absence of an amendment to the Code.
RECENT EXANLPLE
As mentioned before a recent proposal for a new building in the TODD area that allows up to eight stories
(100 feet) was before the Planning Board. The rendering clearly demonstrates the result of not counting
parking levels as a story. The attached graphic from the site plan shows a building with.eight stories with
usable square footage. in addition there are two floors of parking that are considered parking levels and not
counted as stories. Together there. appears to be ten stories in the building, however by reducing the
internal height of each story to 9 feet, the total height of the building remains at the maximum 100 feet.
This is an open invitation to construct floors of buildings with substandard ceiling heights.
CU1212J NT LAND llLVr i vrir�i. A __ _ _ _
Attached are copies of certain definitions which regulate stories and height of buildings. These include:
• Story See. 20 -23 (General definitions)
• Building height See. 20 -2.3 (General definitions)
• Floor.41-ecb gross Sec. 20 -23 (General definitions)
• Story See. 20-7.6 (Hometown District)
The definitions above do not distinguish between different types of stories and therefore the "parking
level" issue is not addressed leaving it to a reliance on the 2006 legal opinion.
LAND DEVELOPMENT CODE AMENDMENT
It is important that height limits and number of stories permitted should be clear and that there is a
consistent interpretation of a story. The following amendment to the definition of story in Section 20 -2.3 is
proposed:
"Story. Shall mean that portion of a building, other than a basement or mezzanine, included
between the surface of any floor and the surface of the floor next above it; or, if there be no floor
next above it, then the space between such floor and the ceiling next abo e it; for the TWO
. . _�_ii anrl necun'ed floor
RE, CONLIIENDATION
It is recommended that the amendmentas set forth above be approved.
Backup Documentation:.
LegalOpb(lon 2006
Site Plan rendering
LDC defrnitions
Puhiic Notices
,r• FB'•PB Age +inns S1r{jj'Reporhi:Ull:Igemfot Sfgf/Reporlr}2.22 -! t (p8.11 -009 GDC: (mend DeJluilion Stoq.doc
2
CITY OF SOUTH MIA.IVII
INTER- OF'F'ICE. MEMORANDUM
To: Don O'Donniley Date: July 11, ZY 0
From: Luis R. Figueredo Re: Project to be Office of City Attorney
located at 5966 South Dixie Highway
In response to your memorandum dated June 22, 2006 requesting a ruling from my. office,
please be advised that both of the questions in your memorandum have been addressed by our office
on prior occasions. Accordingly, any interpretation to the questions raised must be consistent with
those prior interpretations and actions previously taken by the City of South Miami. Absent a
modification to the ordinances in question, it is incumbent upon the Planning Department to interpret
and apply the zoning regulations in a consistent manner.
Pursuant to the HometownDistrict Overly Ordinance, Section 20 -7.5 defines the term "story"
and provides in pertinent part that for the purpose of these regulations (Hometown regulations), a
story shall be interpreted as each vertical unit of 14 feet maximum. As alluded to in your
memorandum, subsection 20- 7.2(b) .specifically provides that the Hometown Overly Ordinance
controls any conflict between the requirements of the City of South Miami Land Development Code
and the provisions of the Hometown District Overlay Ordinance. Notwithstanding any height
limitation contained elsewhere in the Land Development Code, the Hometown Ordinance allows for
a maximum height of fourteen (14) feet per floor. Consequently, a four (4) story building could
reach a height of fifty six (56) feet. As previously stated, this interpretation of maximum height
iththe City's position
permitted under the Hometown District Overlay Ordinance is consistentw
interpretation of this Ordinance on prior occasions.
a:
Your second question addresses a distinction between floors and levels. As you correctly.':::..`, ,
noted in your memorandum, the then City Attorney Mr. Earl Gallop addressed this question and `
provided the Planning Director Subrata Basu with his opinion. City Attorney Gallop essentially .
opined that the specific exclusion of parking garages from the Section 20 -2.3 of the Land
Development Code, which section defines gross floor area evinced a clear intent to distinguish
parking garage levels from floors. It is my understanding the Planning Department has abided by
and consistently applied Mr. Gallop's opinion to projects in South Miami. As such, the Planning
Department has an obligation and a responsibility to . continue to interpret and apply the
aforereferenced sections of the Code as outlined in this memorandum..
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SCHEMATIC SOUTH ( NORTH SECTION
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DEFINITIONS
20-2.3
Site plan. Shall mean a drawing illustrating a proposed development and prepared in
accordance with the specifications of this Code.
other than a basement or mezzanine, included
Stork Shall mean that portion of a building,
se'olti;t;
between the surface of any floor and the surface of the floor neat above it; or, if there be no floor ; • ;
next above it, then the space between such floor and the ceiling next above it.
Street. Shall mean a public roadway which affords the principal means of access to abutting
properties.
Street; arterial. Shall mean a public roadway with signals at important intersections and
stop signs on side streets, and which collects and distributes traffic to and from collector
streets. Arterial streets shall be as designated on the city's adopted Comprehensive Plan.
Street, collector. Shall mean a public roadway which collects traffic from local streets and
connects with arterial streets.
g line between a lot and contiguous street.
Street line. Shall mean a dividin
or ordinance,
Structural alterations. Shall mean any change, except those required b portion of a building or
which would prolong the life or change the shape or size of any
structure or of the supporting members of a building or structure, such as bearing walls,
columns, beams, arches, floor or roof joists, or girders, including openings in bearing walls.
Structures. Shall mean anything constructed ' or erected, the use of which requires
permanent location on the ground or attached to something having a permanent location on
the ground; including, but not limited to: signs, backstops for tennis courts, fences, screen
enclosures and pergolas.
Subdivision. Shall mean the subdivision of land into e° whether immediatetorefuture, of
of land into parcels of five (5) acres or Iess for the purp
transfer of ownership or building development. Also see definition in Chapter 28 of County
Code.
Swimming pool. Shall mean any portable pool or permanent structure contaiainingta or b more
water eighteen (18) inches or more in depth and two hundred fifty including a0w square
pool, but not
of water surface area, intended for pool or fish pondrunless it is located and designed so as to
including an ornamental reflecting p
be used for swimming or wading.
or shop where tea, refreshments and food are served to
Tea -roam. Shall mean a room
customers; however, there shall be no cooking on the premises. (Ord. No. 1 -94 -1550, § 1, 2 -1 -94)
nmporary housing. Shall mean any tent, trailer or other structure used for human shelter to
which r designed utility system for more than thirty (30) attached to the
ca en.dar, days. other
structure, or to any
Tent. Shall mean a canvas or cloth shelter from sun or weather and supported by a frame,
poles, stakes or ropes and not attached to any building.
Supp. IQo. Y3
19
DEFINiTION5
20 -2.3
Area, gross. Shall mean the total horizontal surface area of a lot, site, tract or parcel,
including any required dedicated or zoned rights -of -way.
Area, lot. Shall mean the total horizontal area within the lot lines of the lot.
Area, net. Shall mean the total horizontal surface area of a lot, site, tract or parcel, excluding
any required dedicated or zoned rights -of -way of
products for
Bakery. Shall mean an establishment engaged in th d retail sales or off s it bakery is a
consumption off'site. The baked products may products on the premises. Abakery shall be
place for preparing, cooking, baking and selling of p
considered a retail use.
Bar (See 'Drinking place ").
Basement. Shall mean that portion of s building between the floor and ceiling, which has at
least one -half of its height below grade, and the ceiling of which is not more than four (4) feet,
six (6) inches above grade.
Bed and breakfast. Shall mean a private property, where an individual or family resides, not
more than four (4) rooms of which may be used for 4ght guests whose paid accommoda-
tions include breakfast. (Ord. No. 1 -94 -1550, § 1, 2-1 -9
Boardinghouse (rooming- house). Shall mean a building other than a hotel or motel where
lodging is provided for compensation with or without meals for three (3) or more persons not
of the immediate family.
Building. Shall mean anY structure having a roof supported by columns or walls and
intended for the shelter, housing or enclosure of any individual, animal, process, equipment,
goods or materials of any kind or nature.
Building, principal or main. Shall mean a building in which is conducted the principal use
of the lot on which it is located. ; . L
Building height. Shall mean the vertical distance_from grade to the highest point of a flat
roof or parapet, or the highest point of a mansard roof, or the average height between the high
and low points of a pitched roof. (Ord. No. 12 -90 -1452, 7- 24 -90)
Building line. Shall mean that line which denotes the perimeter line within which a
building may be built or located.
authorized city official responsible for building and zoning
Building official. Shall mean the
inspection and the issuance of building permits.
Bulk. Shall mean the size and shape of a building and its relationship to other buildings,
yard areas and open spaces• supported from
Canopy carport. Shall mean a detachable, roof -like cloth or metal cover,
grade or the floor of a building and from the walls of a building for the protection of vehicles
from sun or weather.
7
supp. No. 12
20 -2.3 SOUTH M1AiviI LAND DEVELOPMENT CODE
Dwelling, two famiiy. Shall mean a residential structure designed for or occupied by two (2)
families.
Dwelling unit. Shall mean one (1) or more rooms, designed, occupied or intended to be
occupied as separate living quarters by a single- family or other group of persons living
together as a household, or by a person living alone.
Emergency access road. Shall mean those roadways, public or private, linking directly to
emergency entrances and exits.
Exterior. Shall mean all outside surfaces of a building or structure.
Extermination. Shall mean the control and elimination of insects, rodents, and vermin by
eliminating their harborage places; by removing, or making inaccessible, le, mat at may
serve as their food; by poisoning, spraying, fumigating, trapping; by other
y approved
means of pest elimination.
Family. Shall mean an individual or two (2) or more persons related by blood, adoption or
marriage, or a group of not more than three (3) persons who need not be related living together
as a single housekeeping unit in a dwelling. It can also mean one (1) or more persons
permanently occupying a dwelling unit and living together as a single, nonprofit household
unit. Family does not include any society, club, fraternity, sorority, association, or like
organization. This definition does not include any group of individuals whose association is
temporary or seasonal or similar to a tourist dwelling, resort, boardinghouse, motel or hotel.
This definition shall be construed to include those individuals protected as a family unit by the
Fair HousingAct or other applicable laws that do not result in a fundamental alteration of the
city's local land use (zoning) scheme.
Fence. (Ord. No. 6 -93 -1535 deleted definition of "Fence ")
Floor area, gross. Shall mean the total horizontal area of the several floors of a building,
measured from the exterior faces of exterior wails or from the centerline of walls separating
two attached buildings. In particular, gross floor area shall include all spaces designed or
intended for:
a. Any permitted use or activity.
b. Elevator shafts or stairwells at each floor.
C. Mechanical equipment rooms and penthouses.
d. Interior halls, balconies or mezzanines.
e. Enclosed terraces, breezeways or porches.
f. Accessory buildings or structures.
g. Attics or basements (with headroom of seven (7) feet or;) oie)
lls'
However, gross floor area shall not include space used for: ,.s!'!.!: .r,$':
a. Enclosed off - street parking spaces.
Supp. No. 13 10
HOMETOWN DLSTRICT OVERLAY ORDINANCE 20 -7.6
Story: The horizontal division of a building between the surface of a floor and the surface of
the next floor above, or the next ceiling if there is no floor above. For the purposes of these
regulations a story shall be interpreted as each vertical unit of fourteen (14) feet maximum,
e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two -story building.
(Ord. No. 19- 93- 1545,.§ 1, 10- 19 -93; Ord. No. 12 -96 -1612, §§ 8, 9, 7- 30 -96)
20 -7.6 Parking.
(A) Hometown District Parking. Parking in the Hometown District must be developed and
managed primarily as an element of infrastructure critical to enhancing Soiith Miami's tax
base through economic success of the district. Hometown District parking shall be subject to
the review of the Parking Board as established by Section 2 of the Code of the City of South
Miami.. The Board shall report to the city commission no' less than annually on the state of
parking in the Hometown District and shall from time to time make recommendations to the
city commission for changes in the parking system for the fees paid into the Hometown District
Improvement Trust Fund, and for the allocation of trust fund monies.
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
(1) On- street spaces adjacent to a lot shall count toward the parking requirements for that
Iot; a partial space longer than eleven (11) feet shall count as a full space.
(2) The following parking reduction shall apply to mixed use buildings with two (2) or
more of the three (3) use categories (retail, office, residential) uses provided that no one
use constitutes more than seventy -five (75) percent of the gross floor area: the total
required parking spaces for a mixed use building shall be reduced by twenty (20)
percent.
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section 20 -7.12 for
each permitted use. The appropriate reduction in parking spaces shall then be
calculated as provided in Section 20 -7.613 above. If the reduction calculated includes a,
fraction less than a whole number, the reduction calculated shall be rounded up and
subtracted from the required (unadjusted) number of spaces to determine the adjusted
parking requirement.
(2) The difference between the number of spaces provided, including on street parking,
and the number of spaces required shall then be determined -
(a) New Buildings and the addition of floor area to existing buildings: If there are
fewer spaces provided than required the applicant must apply for and receive a
special exception as per Section 20 -7.51 of this chapter and pay into the
Hometown District Improvement Trust Fund a fee as set forth below for each
space required but not provided.
(b) Existing Buildirgs: If there are fewer spaces provided than required for existing
buildings, the applica.::.nay: obtain a special exception waiving the number of
Supp. No. 13 149
CMIAN DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Mlaml-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the Miami Dally Business
Revie,v f /Ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING - FEB. 22, 2011
ITEM: PB -11 -008, ETC.
in the XXXX Court,
was published in said newspaper In the issues of
02/11/2011
Affiant further says that the-said Miami Daily Business
Review is a newspaper published at Miami in said Mlaml -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami In said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed before me this
11 day of FEBRUARY , A.D. 2011
4
(SEAL)
V. PEhEZ personally (mown to me
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SOUTH AFRAIN2, FLOR9 A 3314.3
PHONE. X1305) SS3.63268
FAX #tQ3@5)660 =7396
On Tuesday, February 22, 2011 at 7:30 P.M., the City of South Miami
Planning Board will conduct public hearings in the City Commission;
Chambers at the above address on the following Items:
PS- 11 -6DS -'
Applicant: 62 Avenue Plaza LLC
Location: 7150 -7160 SW 62 Avenue .
A Resolution of the Mayorand City Commission of the City of South
Miami, relating to a request pursuant to section 20-4.4P)
t 4P) of the
Land Development Code for Special Use Approval
Interim Parking lot at 71511 -7160 SW 62 Avenue within the "TODD
(MU -5)" Transit Oriented Development District (Mixed Use 5)
Zoning District; providing an effective date.
PB-11 -Dgg
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 20.2.3 entitled "Definitions" .In order to modify the
definition of "Story" to clearly Indicate that a story occupied by.
useable square footage and /or parking spaces is considered a
single story for-the purpose of determining height of a building;
providing for severability; providing for ordinances In conflict; and
providing an effective date. •
Applicant: City of South Miami
An Ordinance of the.Mayor and City Commission of the City of •
South Miami, Floifde, amending the Land Development Code in
order'to update'certain references and terminology including the
deletion of references to the South Florida. Building Code;,
clarifying references to Miami -Dade County; deleting references to
the Florida Health, and.'Rehabilhative Services;- and .clarifying
references to the Environmental Review and Preservation Board;
providing for severability; providing for ordinances In conflict; and
providing an effective date.
'Applicant: Cltyof South Miami
An Ordinance of the Mayor and City Commission of the City of
South Miaml,- Flodda, amending the Land Development Code In
order to set forth standards and requirements for off - street loading
by creating Section 20-4.4 (N) entitled "off - Street Loading
Requirements" providing for sevembiilty; providing for ordinances
In con, and providing an effective date.
Ali Interested parties are urged, to attend. Objections or expressions of
approval may be made In person at the hearing or filed In writing prior to
or at the hearing. Thti Planning Board reserves the right to recommend to
the City Commission whatever the board considers In the best interest
parties for the area involved. interested
'toc ntact the Planning and ZonngDeparttmenttby calling 305,- 66386326
orwrllingto the address indicated above.
.
Yoli ais re'hereby advised.lhat If any person desires to appeal any decision
mane with respect to any matter considered at this meeting or hearing,
such person will need a record of the proceedings, and for such purpose
may need to ensure that a verbatim record of She proceedings is made,
whidh record includes thatestimony and evidence upon which the appeal
ig'to be based (F.S. 266.0105). Refer to hearing number when making
anylnquiry.' 11.3- 11,q/,t64g524M
s111
THURSDAY, FEB2U R`t 1?, 2071 SE
H111,970CE OF PUKE HEARING
VW OF S6UTP13v8EARJU
' .. �4 )F
. _ Planning and Zonlnrgglbepartment
6730 Sunset Drive; South Miami, Florida 33143 .. -
Phone: (305) 663 -6326; Fag #: (305) 666 -7356
On Tuesday, Ppbruary 22, 2011 at 7:io RM., the City of South Miami Planning Board will conduct public
hearings In the City Commission Chambers at the above address on the following items:
Applicant: 62 Avenue Maze IfC.•
Location, 7150 -7160 CVV 62AvemB
A Resolution oohs Magorand wComnissiun of lbaciV of South Miami, retailing to a request pursuant
iD Section 20 -4A(J) of the Lend.Develobment Code for Special Use Approval to locafe'an Interim Parking
lot at'7150 -7160 SUJ 62 Avenue wiltim the "TODD (MU -6)" 7ransft Oriented Development I District (Mixed>
Use 5) Zoning-Distrlit; providing au effective date.-, ! • - , =
PS- 11-00 g:
Applicant: City of South Miami
An Ordinance of the Mayor and Cily Commissfon df the City of South Miami, Florida, amending the.Cand. I
Development Code Section 20 -2 -3 entitled - "Definitions" in older to modify the.der7nf0on ot."Storr" to
clearly indicate that a afory occupied by useable square footage and /or parking spaces is considered a
single story for the purpose of detdrinining height of a building; providing for severabiliiy; providing for
ordinances in conflfc$ and provlding an etieclfve date. '
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the Why of South Miami, Florida, amending the,
Land Development Code in order to update certain references and teradmilogy. including the deletion"
of references to The South Florida Building Code; clarifying references to Miami -Dade County;
..defeting.refereness
the Florida Haaif land. Rehabilitative Services; and clarifying referencas to the
Environmental Review and Preservation Board; providing for severabTlity;.providing Tar ordinances In-
conflict; and providing an effective date.
1`11- 111-011,
Applicant: City of South Miami • .
An Ordinance of the Mayor and City Commission of the Cityal South Miami, Florlda, amending the Land
Development Code in order to set forth standards and requirements for oft -street loading by creating
Section 204A (M).6niified "Off Sireat Loading Requirements" providing for severabtiity; providing for
ordinances in conflict; and providing an efeofNe date.
at the homing. Thu Planning Board mseNns 0e right Ibrecomrtlenn in me wry commisswn wnalwerthe pond cphslaem in the but immasfror
the area involved Interested Pardee ravuling tnformalinn are asked to conlact the Planning and Toning Department by caging 3DS -663 -6326
or wiling N the address raptured abwn
you we hereby addled Mat it anypeman darken; b appeal my derision =do wbh respect to any mater eondderelat his meeting aheadng, sash
eeraon vn1 need a msard o! the pmoeedngs. and for such pastures may need to ensure that a verhaUrn te* a the psecaeJnns Is made, which reaard
hsdndas the tuslimonyand widen: upeowlah amEep;sihtobe based I66.=0106).aefarto hearingwmbarahan mCdng Myvwuirl..
U
927
RY
yi.
\\
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Minutes
Tuesday, February 22, 2011
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 P.M.
The Pledge of Allegiance was recited in unison.
H. Roll Call
Action: Mrs. Yates requested a roll call.
Board members present constituting a quorum: Mrs. Beckman, Mr. Cruz, Mrs. Young, Mrs.
Yates, Mr. Morton, Mr. Farfm and Mr. Whitman. Board members absent: None.
City staff present: Mrs. Lourdes Cabrera - Hernandez (Acting Planning Director), Sanford A.
Youkilis (Planning and Zoning Consultant), and Mr. Marcus Lightfoot (Permit Facilitator).
City Attorney: Mr. Laurence_Feingold N
III. Planning Board Applications/Public Hearings
PB -11 -009
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 -2 -3 entitled "Definitions" in order to
modify the definition of "Story" to clearly indicate that a story occupied of useable square
footage andfor parking spaces is considered a single story for the purpose of determining
height of a building; providing for severability; providing for ordinances in conflict; and
providing an effective date.
Action: A proposal for an affordable housing project on a vehicle inspection station brought to
light the issue. On July 11 s' 2006 it was ruled that a parking level should not be counted as a
Planning Board Meeting Minutes Excerpt
February 22, 2011
Page 2 of 3
story and was not included in the sq. footage. Different zoning districts have different standards.
The simple definition of a story is the space between the floor and the roof: The proposal is as
follows: to add to the definition "for the purpose of determining the height of a building a single
story shall consist of usable occupied floor area and all parking levels.
Public Hearing On en:
Carl Rosenbaum: He does not question that the city should have a definitive code but does not
agree that this definition is definitive enough. It was suggested the city should have a height
limitation requirement (ex. If there is 14ft of air space between the floor and the roof that is
considered a floor). He believes this ordinance should have a unanimous turndown and be sent
back to the city and planning department for a proper and concise definition to go along with
codes of major metropolitan areas.
Sharon McCain: She wanted clarification on whether or not parking levels will now be
considered floors, (Yes) She went on to state that she would like to see the neighborhood remain
as quaint as it presently is.
Rick Mattaway: He stated that he is in strong disagreement with this proposal. As a developer,
lie considers it a very poor idea. His final comment was that it is "irrational, impractical, and
wrong"
General Comments:
ations in process that will be affected.
o There are currently no applic
• A story is to be considered no more than 14ft.
• It was argued that the code should be clear and easy to understand. People understand
stories versus imagining 56ft.
• These buildings can be economically viable under these requirements.
• The proposed change is to 20 -2.3 but we should add the same wording to 20 -7.6.
• The proposed building for the inspection station called attention to the incongruence of
what the public and developers thought. People began building upon the ambiguity of the
story definition to the city's detriment.
Motion: Mrs. Beckman moved to approve the item; Mr. Whitman seconded with the amendment
of 20 -7.6:
Vote: 6 Ayes 1 Nays (Mr. Morton)
VII. Adjournment
Action: There being no further business before the Board, Mrs. Yates adjourned the Planning
Z: \PB \PB Minutes\2011 Minutes\2- 22- 2011 \PB Minutes Draft Excerpt - PB- 11- 009.doc
Planning Board Meeting Minutes Excerpt
February 22, 2011
Page 3 of 3
Board meeting at 10:54 p.m.
Z: \PB \PB Minutes\2011 Minutes\2 -22- 2011 \PB Minutes Draft Excerpt - PB- 11- 009.doc
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City of South Miami
Regular City Commission Minutes
April 4, 2011
(EXCERPT)
21. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20 -2.3 entitled "Definitions"
in order to modify the definition of "Story" to
clearly indicate that the use of any floor of a
building as a parking level or partially for parking
shall be included in the definition of a single story
for the purpose of determining of the number of
stories in a building; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 3/5
(City Manager - Planning Dept.)
Moved by Commissioner Palmer, seconded by Commissioner
Harris to approve this item.
Mayor Stoddard said that after listening to the viewpoints
from various architects regarding the proposed ordinance, and
even though he asked for it, he is not convinced that he will
support it after all.
Commissioner Palmer said that she thinks that everybody
know what a story is.
Commissioner Harris said that this is going to define a
story in terms of parking, and that this could result in a
colorful debate.
Mr. Pepe said that one of the questions that he might have
is that, if there is a land use map that says two stories, and
you do not have a height requirement for two stories, then
somebody could have three stories by putting in a parking level.
Acting Planning and Zoning Director Cabrera explained that
we have height limitations for all commercial buildings, and
that would include the parking level.
CITY COMMISSION MINUTES (EXCERPT) ],
April 4, 2011
F'RI,'proIec
Vice Mayor Newman said that she is more concerned with t e
height of the buildings, rather than defining the story, she
said that she does not believe that it is the building; to dictate what actually goes
therefore, she said that she is not supporting this ordinance.
Dr. Mirabile explained that the proposed ordinance defines
what an actual story is, and what is being promulgated is called
the term of "usable floor area" which shall include both
occupation and the parking component. Therefore, the parking
level will be defined as a story when calculating the number of
stories in a building.
Vice Mayor Newman said that she realized that this will
require further consideration. Commissioner Palmer concurred.
With some further comments, the motion to approve this item
passed by a 3-1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Absent
Commissioner Harris: Yea
Mayor Stoddard: Yea
CITY COMMISSION MINUTES (EXCERPT) 2
April 4, 2011
City of South Miami
Regular City Commission Minutes
April 19, 2011
(EXCERPT)
- 1111111111111111111111!1111111
-
20. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the. Land
Development Code Section 20 -2.3 entitled "Definitions"
in order to modify the definition of "Story" to
clearly indicate that the use of any floor of a
building as a parking level or partially for parking
shall be included in the definition of a single story
for the purpose of determining of the number of
stories in a building; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 3/5
(City Manager - Planning Dept.)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
At this time the public hearing was opened.
Sharon McCain urged the Commission to vote on this
ordinance; she said that parking level is being considered as
story because that is what it really is.
With no further speakers the public hearing was closed.
May Stoddard said that he has discovered that this is
intimately tied to our parking ordinance because we currently
require two parking units per resident, and to change the
definition of story to include all parking levels creates codes
which will make development unaffordable. He then suggested
waiting for our new Planning Director to come on board so that
he may advise the Commission on how to proceed on this one.
Commissioner Beasley concurred with the Mayor, saying that
the new director may have a better way of handling the concept
of the proposed ordinance.
CITY COMMISSION MINUTES (EXCERPT) j.
April 19, 2011
Mayor Stoddard reminded that it will take a five -fifth vote
to reverse this ordinance if it is approved tonight. He then
recommended deferring this item until such time that they have
the new Planning Director on board.
Vice Mayor Newman said that she would not agree to defer
this item until they agreed on a date certain.
With some further comments, the motion to place this item
for second reading on the June 7, 2011 agenda passed by a 4 -0
vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
CITY COMMISSION MINUTES (EXCERPT) 2
April 19, 2011
Absent
Yea
Yea
Yea
Yea
t
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review ffk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR JUNE 7, 2011
in the XXXX Court,
was published in said newspaper in the issues of
0512712011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, ssienZr refund for the purpose
of secunno: +h� • - verhsemen or p m fie said
subscribed before me this
27 day of M�Y
(SEAL)
MARIA MESA personally known to me
yav npw tdgieN�i �Stote of Fiadda
$ Vaeoniox a az
K My Commission UDSt977t
9�or n °"� Expires 09103!2012
9 .
CITY OF SOUYH MiAMh
";` NO`. ?1GE f8. PIBCiC HEARING
at
T�iir,.q�r.s,,ris
ALL mterested)rarties ate invited tc attend and will be heard.
For Jur)tLer Ipto)mationplease coptact the City Clerks Once
:530$ 563 rlpf
'. Maria M. Menendez; CM
i _.. City Clerk,.
Pu sSa t to Flgdda Statuteg 2S6 p105 the Cdy hereby advises the pul
that" iE a.Perso� decides:jo_appeal,any:,decisron made by this Boz
Agency br'E'ommrsslon withresp', to any'. matter considered at
meeting qr hearing,, he or she vti11 need a retort of fhe proceedings, E
that forsuch purpose, affected persorj may need to ensure that averbs
recnrG'pf'the proceedings is mada'Which record.includes the testinx
and evltleneeupon which she appeal is to be based.
5127 "' •' � ' " "' ' it- 3- 1fi6M70471.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - JULY 19, 2011
in the XXXX Court,
was published in said newspaper in the issues of
07/08/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discoun�t,[ebatr.,eern Sion or refund for the purpose
of securiri�"#hts- advertl, .men mblicafion in the said
before me this
08 day of JULY , A.D. 2011
(SEAL)
MARIA MESA personally known to me
Nqqr NOlary Public State of Florida
y e Cheryl H Mamrer
,o' My Commission D0793490
°e„"r,o° Expires 07 /18/2012
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