Res. No. 126-07-12511RESOLUTION NO. 126-07-12511
WHEREAS, the Mayor and City Commission of the City of South Miami
("City") intends to review the Hometown District Overly Ordinance which
regulates development in the Hometown District; and,
WHEREAS, special exceptions are utilized on a site specific basis to waive
strict compliance with the provisions of the Hometown District Overly ordinance;
and,
WHEREAS, the City has determined that a review of the Hometown
District Overlay ordinance as well as a comprehensive review of the potential
impacts of commercial development on transportation, public safety and the
impact on the adjacent residential communities is necessary; and,
WHEREAS, the Mayor and Commission after careful consideration of the matter
deem it advisable and in the best interest of the general welfare of the City and its
inhabitants to temporarily suspend the consideration and approval of special
exceptions to the Hometown District Overlay ordinance until the review is
Additions shown by underlining and deletions shown by evefstfikin .
Res. No. 126-07-12511
completed and modifications to the Land Development Code (if any) are
approved.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Upon the date of passage of this resolution no special
exceptions shall be considered and approved for properties located within the
Hometown District Overlay ordinance.
Section 2. Nothing is this resolution should be construed or applied to
abrogate the right of a property owner to develop or utiliz I e his or her property in
any other way commensurate with the Land Development Code and other
regulations.
Section 3. This resolution will expire at midnight on December 31,
2007. This temporary moratorium via resolution may be extended in order to
complete the studies and approval of any amendments for the Land Development
Code.
Section 4. This resolution shall take effect immediately upon approval.
7-t
PASSED AND ADOPTED this lay of July, 2007.
ATTEST: APPROVED:
;, (, c,, P ,
CITY T\MYOR
:READ AND APPROVED As 0 FORM:
Lu* igueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
Page 2 of 2
COMMISSION VOTE: 3-2
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Nay
Commissioner Beckman:
Nay
MM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct
Date: July 24, 2007 ITEM No.
W W
Background
The City Commission has recently discussed the initiation of a review of the Hometown District Overlay
including a comprehensive analysis of the potential impact of commercial development on adjacent residential
communities, local transportation network, and public safety. In fact, the Commission did adopt a resolution
directing the City Manager to set aside funds in the FY 2007-08 Budget for a charrette, planning program for the
Hometown District.
It is important to note that consistently new development in the Hometown District over the past 10 years has
required the granting of "special exceptions" to developers in order to allow for a proposed project. These special
exceptions are essentially variances. This fact could mean that the district regulations need adjustment or that
developers of property do not wish to follow the design and specifications envisioned for the Hometown District.
The Mayor, at the request of local residents, is recommending that it would be in the best interest of the general
welfare of the City and its inhabitants to temporarily suspend the consideration and approval of special exceptions
to the Hometown District Overlay ordinance until the review is completed and modifications to the Land
Development Code (if any) are approved. It is important to note that this action will not prohibit the right of a
property owner to develop or utilize his or her property without requesting special exceptions.
The attached resolution will suspend consideration'of "special exceptions" in the Hometown District until
December 31, 2007. During this time period, the City must retain the professional services via the RFP
(Request for Proposal) process to select a land use consultant with multi-disciplinary capabilities
including traffic engineering expertise to perform the study.
Backup Documentation:
Draft Resolution
JP/SAY PAComm Items\2007\7-24-07\Special Exception Moratorium CM Report.doc