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Ord No 14-04-1821ORDINANCE NO. 14-04-1821 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO UPDATE THE LIST AND PURPOSE STATEMENTS FOR EXISTING ZONING DISTRICTS ; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the listing of zoning use districts and the purpose statements in the Land Development Code have not been properly updated to include recently created new districts, special districts, and overlay districts; and WHEREAS, the official zoning map is showing existing zoning districts which are not listed or defined in the Land Development Code section which sets forth the City's zoning districts; and WHEREAS, the Planning Department and the Planning Board are in the process of updating, clarifying, and improving the provisions of the City's Land Development Code, specifically those revisions recommended by the City's Zoning Task Force; and WHEREAS, the City's Zoning Task Force in 2002 recommended that the list of Land Development Code zoning districts be updated; and WHEREAS, the Planning Board at its August 31, 2004 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed Land Development Code amendments contained in this ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendations 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 -3.1, entitled "Zoning Use Districts and Purposes" of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.1 Zoning Use Districts and Purposes. (A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into twenty nine (29) zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20-3.3(D). . Standards shall be uniform throughout each zoning use district. District symbols and names shall be known as: Ord. No.14- 04 -1821- (2) Symbol Name RS -1 Estate Residential RS -2 Semi - Estate Residential RS -3 Low Density Single- Family RS -4 Single- Family RS -5 Single-Family (50' lots) RT -6 Townhouse Residential RT -9 Two- Family /Townhouse Residential RM -18 Low Density Multi - Family Residential RM -24 Medium Density Multi- Family Residential RO Residential Office LO Low - Intensity Office MO Medium-Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TODD(MU-4) Transit - Oriented Development District (Mixed Use -4) TODD (MU -5) Transit - Oriented Development District (Mixed Use -5) TODD (LI -4) Transit - Oriented Development District (Light Industrial -4) TODD (PI) Transit - Oriented Development District (Public /Institutional) TODD (PR) Transit - Oriented Development District (Parks & Recreation) PUD -R Planned Unit Development- Residential PUD -M Planned Unit Development -Mixed Use PUD -H Planned Unit Development - Hospital HP -OV Historic Preservation Overlay HD -OV Hometown District Overlay CS -0V Community Service Overlay H Hospital PI Public /Institutional PR Parks and Recreation Ord. No.1'4 -04 -1821 (3) (B) District Purpose Statements. (1) "RS -1 " Estate Residential District: The purpose of this district is to provide for estate type single - family residential development located in a spacious rural -like setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single- Family" on the city's adopted Comprehensive Plan. (2) "RS -2" Large Lot Single- Family Residential District: The purpose of this district is to provide for semi - estate type single - family residential development located in a relatively spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single- Family" on the adopted city's comprehensive Plan. (3) "RS -3" Medium Lot Single- Family Residential District: The purpose of this district is to provide for low- density single - family residential development located in a moderately spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single - Family" on the city's adopted Comprehensive Plan. (4) "RS -4" Small Lot Single- Family Residential District: The purpose of this district is to provide for single - family residential development located on smaller lots and to protect and improve the character of existing development in the area. This district is appropriate in areas designated "Single- Family" on the city's adopted Comprehensive Plan. (5) "RS -5" Small Lot Single- Family (50' lots) Residential District: The purpose of this district is to provide for built -out single- family residential subdivisions characterized by smaller 50' lots and to protect and improve the character of existing development in the area. This district is appropriate in areas designated "Single- Family" on the City's adopted Comprehensive Plan. (6) "RT -6" Townhouse Residential District: The purpose of this district is to provide suitable sites for the development of well planned, environmentally compatible, low density townhouse projects on sites of at least 60,000 square feet, which are located in such a manner as to serve as effective transitional land use elements between single - family and more intensive multi- family residential or commercial areas. This district is appropriate in areas designated "Townhouse Residential" or "Two- Family /Townhouse Residential" on the city's adopted Comprehensive Plan. Ord. No. 14 -04 -1821 (4) (7) "RT -9" Two - Family /Townhouse Residential District: The purpose of this district is to provide suitable sites for the development of well planned, environmentally compatible, low density attached single - family residential projects of a two - family and /or townhouse nature, which are located in such a manner as to serve as effective transitional land use elements between single- family and more intensive multi - family residential or commercial areas. This district is appropriate in areas designated "Two - Family /Townhouse Residential" on the city's adopted Comprehensive Plan. (8) "RM -18" Low Density Multi - Family Residential District: The purpose of this district is to provide suitable sites for the development of low density multi - family residential uses with appropriate landscaped open space which are located in such a manner as to serve as an effective transitional land use element between less intensive residential uses and more intensive multi- family and /or commercial uses. This district is appropriate in areas designated "Low Density Multi - Family Residential" on the city's adopted Comprehensive Plan. (9) "RM -24" Medium Density Multi - Family Residential District: The purpose of this district is to provide suitable sites for the development of medium density multi - family residential uses with appropriate landscaped open space. This district is appropriate in areas designated "Medium Density Multi- Family Residential" on the city's adopted Comprehensive Plan. (10) "RO" Residential Office District: The purpose of this district is to provide suitable sites which will accommodate the limited office space needs of certain low impact professional services in attractive low profile buildings on heavily landscaped sites, architecturally similar to and compatible with nearby single - family structures. The district should serve as a transitional buffer between established single - family neighborhoods and major traffic arterials or more intensive uses, and is appropriate in areas designated "Residential Office" or "Low Intensity Office" on the city's adopted Comprehensive Plan. (11) "LO" Low - Intensity Office District: The purpose of this district is to permit low- intensity office development and redevelopment, without necessarily being compatible in appearance with single - family residential areas. This district is appropriate in areas designated "Low- Intensity Office" on the city's adopted Comprehensive Plan. Ord. No. 14 -04 -1821 (5) (12) "MO" Medium - Intensity Office District: The purpose of this district is to accommodate professional and business office space needs in a relatively intensive centrally located manner. This district is appropriate in areas designated "Medium- Intensity Office" on the city's adopted Comprehensive Plan. (13) "NR" Neighborhood Retail District: The purpose of this district is to permit convenience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner. This district is appropriate in areas designated "Neighborhood Retail Development" on the city's adopted Comprehensive Plan. (14) "SR" Specialty Retail District: The purpose of this district is to maintain the basic specialty retail character of the Sunset Drive commercial area by encouraging comparison retail uses at the pedestrian- oriented grade level and office and residential uses on the upper floors of all buildings. This district is appropriate in areas designated Goia W " "Mixed Use Commercial Residential" on the city's adopted Comprehensive Plan. (15) "GR" General Retail District: The purpose of this district is to delineate areas which permit a broad range of retail uses. Uses that are strongly oriented toward the motoring public are discouraged in this district. This district is appropriate in areas designated "General Retail" on the city's adopted Comprehensive Plan. (16)- (20) "TODD ", Transit - Oriented Development District: (includes TODD(MU- 4) TODD(MU -5), TODD (LI -4), TODD (PI), TODD (PR) The purpose of this district is to maximize the presence of a mass transit center located within walking distance of the boundaries of the district. The TODD District is intended to provide for the development of office uses, office services, office- related retail, retail, retail services, and residential uses in multi -story and mixed use projects that are characteristic of transit - oriented developments. Regulations provide for the continuation of existing light industrial uses, but encourages redevelopment through flexible building heights, design standards, and performance- oriented incentives. The district is appropriate in areas designated "Transit- Oriented Development District" on the City's adopted Comprehensive Plan and Future Land Use Map. (21) -(23) "PUD" Planned Unit Development: (includes PUD- R,PUD- M,PUD -H) The purpose of this district is to allow a tract of land to be developed as a unit under single ownership or unified control, Ord. No. 14 -04 -1821 (6) which includes one or more principal buildings or uses. A PUD encourages design flexibility versus traditional siting such as side yards, setbacks, height. A greater flexibility in locating buildings and in combining various uses will achieve better economics in construction, preservation of open space and inclusion of amenities. The district is appropriate in areas designated residential, multi - family, commercial, transit oriented, mixed use or public/ institutional areas on the city's adopted Comprehensive Plan and Future Land Use Map. HP -OV" Historic Preservation Overlay: The purpose of this district is to preserve and protect historic and /or architecturally worthy buildings, sites, neighborhoods or archaeological zones, which impart a distinct aspect to the City of South Miami and which serve as visible reminders of the history and cultural heritage of the City, the State and the Nation. The HP -OV zoning district shall overlay existing use districts, and all uses allowed by the underlying use district shall be permitted. The provisions, standards, and procedures set forth for properties designated as an historic site or district shall be in addition to all other applicable requirements in the Land Development Code. The district is appropriate in any land use categories on the city's adopted Comprehensive Plan and Future Land Use Map. (25) "HD-OP' Hometown District Overlay: The purpose of this district is to implement a mixed -use commercial/residential land use category that is characteristic of traditional down - towns. It is intended to provide for different levels of retail uses, office uses, retail and office services and residential dwelling units with an emphasis on mixed use development. In order to assure a mix of uses, the City requires that a minimum of two of the above uses must be included within each proiect. The land development regulations contained herein reinforce South Miami's Comprehensive Plan by establishing new standards for development as an overlay to existing development regulations within the boundaries of the Hometown District. The district is appropriate in the mixed use areas on the city's adopted Comprehensive Plan and Future Land Use Map. (26) "CS-OF' Community Service Overlay : The purpose of this district is to promote the health, safety, community- acceptable standards of morals and general welfare of the residents of the City of South Miami. The Community Services overlay zoning district is intended to provide for the establishment of an overlay zoning district in the Charrette Two Study Area, in order to provide for the special needs of community - based service providers and, specifically, to permit parking lot improvements, out - parcel development, day care center facilities and building additions for those properties under the sole ownership of community -based service providers, such as churches, mosques, synagogues, or temples. The district is appropriate in the residential areas on the city's adopted Comprehensive Plan and Future Land Use Map. Ord. No. 14 -04 -1821 (27) "H" Hospital District: The purpose of this district is to permit, as a special use, areas that will accommodate various hospital needs in a manner compatible with nearby residential areas. The district also permits office uses at appropriate intensities in the event that hospital uses are terminated and is appropriate in areas designated "Hospital /Office" on the city's adopted Comprehensive Plan. The unique nature of hospital usage and its quickly changing needs and characteristics makes their proper regulation under ordinary zoning regulations difficult. Hospitals located near residential areas are both an asset in terms of jobs and services provided and a liability in terms of traffic generated and their propensity to expand. It is the intent of this district to establish stable land use patterns in hospital areas upon which local residents and hospitals can both rely. (28) "PI" Public /Institutional District: The purpose of this district is to provide for schools, governmental facilities, utilities and churches and similar uses, with building heights and intensities compatible with surrounding districts. This district is appropriate in areas designated "Public and Semi - Public" on the city's adopted Comprehensive Plan. 2( 9) "PR" Parks and Recreation District: The purpose of this district is to provide for public parks and open space areas, including those associated with schools. This district is appropriate in areas designated "Parks and Open Space" on the city's adopted Comprehensive Plan. 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 & day of , 2004 ATTEST: TT Ist CLERK 11///1/60/4 READ AND A1'kOVBD AS TO FORM Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea N`E: New wording underlined; wording to be removed through. EAComm Items \2004 \11- 1- 04 \LDC Tech Amend Use Districts Ord.doc. indicated by strike- gOUT�� FY � U INCORPORATE6 * + 1927 �� o Rxo City of South Miami To: Honorable Mayor, Vice Mayor & Commission Members r From: Maria Davis p S City Manager ORDINANCE Date: November 16, 2004 ITEM No. 9 Re: LDC Amendment Technical Amendments AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO UPDATE THE LIST AND PURPOSE STATEMENTS FOR EXISTING ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND During the process of preparing amendments to implement the new Historic Preservation Overlay zone, it was determined that the section of the Land Development Code which lists all of the City's zoning use districts and the purpose statements had not been properly updated to include recently created new districts, special districts, and overlay districts. Many of these districts, although shown on the official zoning map, are not listed or defined. The submitted technical amendment ordinance will correct this situation. AMENDMENT ORDINANCE The proposed ordinance updates Section 20 -3.1, "Zoning Use Districts and Purposes" which is an official listing of zoning classifications and the symbols to be used on the zoning map. The amendments allow for all of the current zone districts to be listed and a general district purpose included. The following existing districts together with a purpose statement and map symbol are included: CS -OV, HD -OV and PUD. In addition, the TODD district listing is expanded to show that there are five TODD sub - districts. LDC Amendment Technical Amendments November 16, 2004 Page 2 of 2 PLANNING DEPARTMENT ACTION The Planning Board at its August 31, 2004 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendment ordinance as drafted by staff. RECOMMENDATION The City Commission at its November 1, 2004 meeting approved the proposed ordinance on first reading. It is very important that this particular section of the Code be updated and approval of the attached draft ordinance on second reading is recommended. Attachments: Draft Ordinance Excerpt from Planning Board Minutes 8 -31 -04 Public notices MD /DOD /SAY e i?- � OG� E: \Comm Ite (C2n(Si ___004 \11- 1- 04 \PB -04 -016 (A) LDC use districts Amend Report.doc SOUTI� �f fY � �. 4 V INCORPORATED 1927 A n -j a CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 31, 2004 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 7:58 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy, Mr. Comendeiro, and Mr. Illas. Board members absent: Ms. Gibson and Mr. Mann. 3 e ( 3 x City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in speakers PB -04 -016 (A) Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO UPDATE THE LIST AND PURPOSE STATEMENTS Planning Board Meeting August 31, 2004 FOR EXISTING ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into record. Mr. Youkilis presented the staff report. He explained that during the process of preparing amendments to implement the new Historic Preservation Overlay zone the it was determined that the section of the Land Development Code which lists all of the City's zoning use districts and the purpose statements had not been properly updated to include recently created new districts, special districts, and overlay districts. Many of theses districts, although shown on the official zoning map, are not listed or defined. The submitted technical amendment ordinance will correct this situation. Mr. Youkilis stated that the proposed ordinance updates Section 20 -3.1, "Zoning Use Districts and Purposes" which is an official listing of zoning classifications and the symbols to be used on the zoning map. The following existing districts together with a purpose statement, and map symbol are being listed: CS -OV, HD -OV and PUD. In addition the TODD district listing is expanded to show that there are five TODD sub - districts. He concluded the report by stating that it was very important that this particular section of the code be kept up -to -date. At this time, Mr. Morton opened the Public Hearing. No speakers were present. Motion: Mr. Illas made a motion to recommend approval of the ordinance updating the list of zoning districts. Ms. Yates seconded the motion. Vote: Ayes 5 Nays 0 DOD /SAY /pel K: \PB \PB Minutes\2004 Minutes \PB MINS 8- 31- 04.doc MIAMI DAILY BUSINESS REVII Published Daily except Saturday, Sunday and L-il-I Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERSEYRE, who on oath says that he or she Is the SU�ERVISOR, 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-I County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the mat.ter of ciTY6F SOUTH MIAMI - PU13LIC HEARING - 11/16/2004 ORDINANCE REQUEST TO AMEND OFFICIAL ZONING MA in the XXXX Court, was published in said newspaper in the issues of 11/05/2004 Afflant 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 0 Florida, each day (except Saturday, Sunday and Legal Holidai. 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 h she has neither paid nor promised any person, firm or corpora any discount, rebate, commission or refund for the purpose of secuting Vs advertise nt for publication in the said newspape. Sworn to and subscribed before me this 05 d BE A.D. 2004. (SEAL) O.V. FERBEYRE personal �W4,rh*&%gommisslon DD293855 %OF,�,e Expires March 04, 2008 121