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Ord. No. 20-99-1694ORDINANCE NO. 20 -99 -1694 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE TRANSIT- ORIENTED DEVELOPMENT DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREATION OF TODD SUBCATEGORIES , USES PERMITTED, AND HEIGHT LIMITS THEREIN; BY REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN TIM-Mu-5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND LI-4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a program to update, clarify, and improve the provisions of the City's Land Development Code; and WHEREAS, after review and consideration, the Planning and Zoning Department has recommended amending the following: Provisions of Section 20 -3.1 to include a description of TODD in the permitted use schedule; Section 20 -8.3 to clarify the creation of TODD subcategories and, uses permitted, and height limits therein; Section 20 -8.9 and Section 20 -8.17 to clarify the height limits of buildings in the TODD subcategories; and WHEREAS, specific amendments to Section 20 -3.1, Section 20 -8.3, Section 20 -8.9, and Section 20 -8.17 were included in the Land Development Code Proposed Technical Amendments 99 -A document which was reviewed by the Planning Board at a public workshop held on October 26, 1999; and WHEREAS, on November 9, 1999, after public hearing regarding the proposed amendments to Sections 20 -3.1, 20-8.3,20-8.9, and 20 -8.17 of the Land Development Code, the Planning Board voted 7 -0 to transmit the proposed amendments to the City Commission; 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. 4- TODD Intensive Use- TRANSIT - ORIENTED DEVELOPMENT DISTRICT (B) District Purpose Statements. IN NO 6-1 Page 2 of Ord. No. 20 -99 -1694 "TODD" Transit - Oriented Development District: 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 proiects 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. Section 2. That Section 20 -8.3 entitled "Permitted Uses" of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -8.3 Creation of TODD Sub - categories, (A) For pWose of recognizing the existing patterns of land use the need to encourage a logical mix of land uses and the need to promote a higher density of uses together with practical development bonus opportunities the following sub - categories (zones) are hereby created: (1) "TODD (MU-4)"..- Mixed Use 4 Wo TODD "TODD" Transit - Oriented Development District: 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 proiects 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. Section 2. That Section 20 -8.3 entitled "Permitted Uses" of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -8.3 Creation of TODD Sub - categories, (A) For pWose of recognizing the existing patterns of land use the need to encourage a logical mix of land uses and the need to promote a higher density of uses together with practical development bonus opportunities the following sub - categories (zones) are hereby created: (1) "TODD (MU-4)"..- Mixed Use 4 (2) TODD (MU -5) - Mixed Use 5 (3) TODD (LI -4 )-Light Industrial 4 (4) TODD (PI) - Public/ Institutional (5 T) ODD (PR) - Parks and Recreation (B) The boundaries of the Transit- Oriented Development District and the sub - categories shall be indicated on the Cm's Official Zoning Map and also shown on the Regulating Plan Graphic as presented in Section 20 -8.17. Page 3 of Ord. No. 20 -99- -169,4 (C) Permitted Uses: (1) There are three --der five use categories within the TODD district: Residential Uses Commercial Uses and Light Industrial Uses Public/ Institutional and Parks and Recreation. (2) The uses permitted in each TODD sub - category shall be as follows: (a) TODD (MU -4): Residential Uses, Commercial Uses. (b) TODD (MU -5): Residential Uses, Commercial Uses. (c) TODD (LI -4): Residential Uses, Commercial Uses, (d) TODD (PI) Schools, Governmental facilities, util uses. (e) TODD (PR) Public parks and open spaces. (3) A description of the specific uses permitted in each of the major use categories is provided in the Sections 20 -8.4 through 20 -8.7. (D) Permitted Heights. Section 3. That subparagraph (D) of Section 20 -8.9, entitled "Special Exceptions" of the South Miami Land Development Code is hereby amended to read as follows: (D) Within the MU -5 subcategory the maximum height of new buildings or additions shall be restricted to four stories as permitted, or up to eight stories as permitted with bonus; but in no case shall exceed 100 feet. Section 4. That the titles of the graphics illustrations contained within Section 20 -8.17 entitled "Regulating plan — Graphic" of the South Miami Land Development Code are hereby amended to read as follows: Buildings and Their Placement MU -4 Mixed Use, 4 -story 2 story Buildings and Their Placement LI -4 Light Industrial, 4 - story 2 story Height and Uses MU -4 Mixed Use, 4 -story 2 story Page 4 of Ord. No. ?0 -99 -1694 Height and Uses LI -4 Light Industrial, 4 -stem 2 story Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. 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 7. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 16th day of November , 1999 ATTEST: CITY CLERK lst Reading: 11/2/99 2nd Reading: 11/16/99 READ AND APPROVED AS TO FORM: CITY ATTORNEY PPP .:.!�� Commission Vote: 4 -0 Mayor Robina: Out of room Vice Mayor Russell Yea Commissioner Bass: Yea Commissioner Bethel: Yea Commissioner Feliu: Yea = CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor & City Commission Date: November 12,1999 From: Charles D. ScurAgenda Item # City Manager Re: Comm. Mtg. 11/16/99 LDC Amendment: TODD REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREATION OF TODD SUBCATEGORIES, USES PERMITTED AND HEIGHT LIMITS THEREIN; BY REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: An initial review of the Transit - Oriented Development District (TODD) regulations, adopted in 1997, indicates that certain technical amendments are required immediately. The ordinance adopting the TODD created the district as a chapter in the LDC and as a new use district on the Official Zoning Map of the City. However, the same ordinance did not properly amend the City's permitted use schedule to formally include the TODD as a new zoning district. The attached ordinance amends Section 20 -3 to include TODD and replaces the previous zoning classification entitled Intensive Use District (I) and portions of Neighborhood Retail (NR), Low - Intensity Office (LO), Medium- Intensity Office (MO), General Retail (GR) Public/Institutional (PI) and .Parks and Recreation (PR). The 1997 ordinance also created sub - categories of the TODD, each having somewhat different standards and permitted uses. This was done in recognition of the varied uses and conditions within the district. The legislation, as adopted, does not clearly delineate the names or characteristics of these sub - categories. The attached ordinance provides that the sub - categories are to be shown on the City's Official Zoning Map and additional language is proposed in order to more fully describe the sub- categories. The ordinance corrects the regulations to clearly indicate the City Commissions original action to specify the height limit in each of the sub - categories. It is important to note that the proposed revisions are of a technical nature and do not change any of the existing regulations. The City Commission at its November 2, 1999 meeting approved this item on first reading. The Planning Board at its November 9, 1999 meeting recommended approval of the proposed ordinance. RECOMMENDATION: Approval Attachments: Proposed Ordinance Excerpts from LDC ZONING REGULATIONS 20-3.1 sional services in attractive low profile buildings on heavily landscaped sites, archi- tecturally 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 PIan. (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 conve- nience 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 "Specialty Retail/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) "1" Intensive Use District: The purpose of this district is to delineate properly located and easily accessible areas for automobile service and repair activities and other similar and compatible uses. The district is also intended to permit redevelopment of existing facilities for office uses independent from auto service uses with special use approval. This district is appropriate in areas designated "Auto Service/Office Special Redevelopment" on the city's adopted Comprehensive Plan. (17) "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 Supp. No. 2 25 TRANSIT ORIENTED DEVELOPMENT DISTRICT 20-82 20.81 Purpose. The purpose and intent of this regulation is to maximize the presence of a dedicated mass transit center located within walking distance of the boundaries of the proposed district. The maximum utilization of that facility will be achieved through the creation of a district that surrounds this major mass transit facility and is''designed to encourage a mix of high density uses, specifically residential, retail and office uses. It also will provide for the continuation of existing light industrial uses but encourage redevelopment throughout the Transit- Oriented Development District (T.O.D.D.) through flexible and performance - oriented zoning and other regulations. The regulation is intended to promote efficiency of land use, decrease vehicular traffic, provide convenience, establish a harmonious mix of uses all within a pedestrian friendly environment. The Transit- Oriented Development District (T.O.D.D.) is designed to encourage a strong base of residential development, coupled with the complementary provisions for retail services and local employment opportunities, all within acceptable walking distances. To accomplish this goal, the code ties together intense new development with a high quality pedestrian environment. This is accomplished through a series of bonuses that ties residential development, higher densities, and lessened dependence on vehicular traffic together. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.2 Definitions. Terms used throughout this Ordinance shall take their commonly accepted meaning unless otherwise defined in the Code. When there are conflicts between the Code and this Ordinance, this Ordinance shall control terms requiring interpretation specific to this Ordinance as follows: Accessway. A street or driveway which traverses a parcel providing access to an abutting street, alley, or other vehicular use area. Alley: A 20' -24' wide way providing access to the rear of lots and buildings. Arcade /colonnade: A covered, open -air walkway at standard sidewalk level attached to or integral with the building frontage; structure overhead is supported architecturally by columns or arches along the sidewalk; required to extend beyond the build -to -line. These standards permit encroachment by habitable spaces on upper floors over any arcade along a City street, or elsewhere if approved by the entity controlling the right -of -way. Building depth: The absolute distance between the outer wall surface of the building frontage and the outer wall surface of the rear wall of the building. Building frontage: The side of a building which faces the primary street. Supp. No, 3 181 20-8.2 SOUTH MIAMI LAND DEVELOPMENT CODE:' " Build -to line: An alignment established a certain distance from the curb line 'to a line, along^ which the building shall be built. Front porches and handicap ramps shall be exempt from build -to line requirements, and must occur behind the property line. — Fence line: The alignment along which fences, walls, or hedges shall be located. Ground floor area: The area on the ground occupied by a building, excluding arcades and colonnades. Historic building: A building that has been designated by the City of South Miami per the historic preservation portion of the Environmental Review and Preservation Board regula- tions. Lot coverage: The percentage of the gross area of a given lot which contains buildings. Lot frontage: The property line adjacent to the primary street right -of -way. Open yard space: The portion(s) of a lot free of buildings or impervious surfaces. Parking surface: An area designated for parking constructed with any of the following surfaces: turf block, gravel, brick, pavers, asphalt, or concrete. 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 14' maximum, e.g. a 1 -floor cinema 22' tall shall be considered a two-story building. s� (Ord. No. 9 -97 -1630; § 1, 4-1-97) 20-8.3 Permitted uses. There are three major categories within the T.O.D.D. district: Residential uses Commercial uses Light industrial uses The following is a description of the various specific uses permitted within each category. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.4 Residential use. The following residential uses are permitted in these zoning classifications that specify this category within the T.O.D.D. (A) Floor Area. The following are minimum requirements for floor areas for the apartment units as specified: Efficiency /Studio One Bedroom Two Bedroom 400 square feet 550 square feet 700 square feet Supp. No. 3 182 TRANSIT-ORIENTED DEVELOPMENT DISTRICT 20-8.7 Three Bedroom 850 square feet (B) Density, as many units as may be permitted as can be provided with parking. (C) Residential and lodging uses, as permitted with required parking as noted in section 20 -7.12. Residential uses are permitted on the first floor. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.8 Commercial use. The following classifications, uses, and corresponding parking requirements shall be permitted with the T.O.D.D.: (A) Storefront uses; as indicated in section 20 -7.12. (B) Office uses, as indicated in section 20 -7.12 and all uses in the Business and Professional Services Group as indicated in section 20 -3.3, except the following uses shall not be permitted: 1. ' Any uses which are only permitted in an industrial zone as indicated in section 20 -3.3. 2. Bowling alley or skating rink. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20.8.6 Special provisions. (A) Any of the above uses are permitted on the first floor as well as successive floors. (B) Convenience stores are not considered in the food category and are not permitted. (C) No "drive - thru's" except for banks, are permitted. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.7 Light industrial use. The following uses are permitted in this category along with the required parking: (A) All retail and wholesale trade uses as indicated in section 20 -3.3, except the following uses: (1) Automobile dealers. (2) Boat dealers. (3) Gasoline service stations. (4) Recreational vehicle dealer. (5) Convenience store. (6) Used merchandise, vehicle parts. (B) Manufacturing and intensive uses, as indicated in section 20 -3.3. Supp. No. 3 183 Yr� 0 TRANSIT - ORIENTED DEVELOPMENT DISTRICT 20.8.9 (c) In any area with light industrial uses, any vehicle under repair must be stored inside buildings at all times. (d) For light industrial uses, any garage areas must be totally enclosed and have garage doors closed when not in use. (D) Garages in MU -5. 1. At the rear of the property you may eliminate the setback requirement for garages only, if garage: backs to existing garage backs to permanent open space 2. May face side street but must have some fenestration as building above. 3. Underground parking defined as having more than 60% of its structure below grade. 4. Garage structures must be designed or landscaped so as to either appear to be a floor of the building or obstructed from street view. 5. All garages must be at the rear of the building. Garages may go through to the street above the first floor, providing it looks the same as the face of building above. 6. Garages shall be considered a permitted use within the T.O.D.D.; however, the regulations for arcades or awnings shall apply. The ground floor on the sides facing any street shall contain any uses indicated on the permitted ground floor uses in section 20 -8.5. Any exterior facing streets shall be designed to look similar to the facade of a commercial office building, unless amended by the City Commission via special use permit procedures. . Freestanding garages, not to exceed 6 levels in height, may be permitted on any site within the district (MU -5). (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.9 Special ezceptioas� (A) For those existing uses in this district, any alterations or additions to those buildings shall be in conformance with the provisions of this ordinance, however, existing heights of existing buildings and floors may remain at current heights and additional floors may be added above in accordance with this ordinance. Existing gas station uses may be permitted to have a one -time alteration to allow for the addition of additional floors above. (B) Any site that is in excess of 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. I. 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. Supp. No. 3 185 20 -8.9 SOUTH MIAMI LAND DEVELOPMENT CODE (C) No single use in the T.O.D.D. Zone shall exceed a gross floor area of 80,000 square feet, except residential uses. (D) The maximum height of new buildings or additions shall be restricted to four stories as permitted, or up to eight stories as permitted with bonus; but in no case shall exceed 100 feet. (E) A minimum lot area of 5,000 square feet shall be required for any of the following nonresidential uses: Institutional, Public Service, General Commercial Entertainment, Com- mercial Recreation, Office, and Recreation/open Space, Light Industrial. (F) Where there is no minimum distance between adjacent buildings, nor a minimum building setback from a property line, one of the first two of the following conditions must be met: 1. If the distance from the exterior wall to the property line is less than five feet, the applicant must show evidence of a maintenance easement from adjacent property owner(s); or 2. The structure shall be built on the property line and the owner shall give an attachment easement to the adjacent property owner(s). 3. In no instance shall a roof overhang extend beyond the property line, except in the front of the building. (Ord. No. 9 -97 -1630, § 1, 41 -97) 20 -8.10 Bonus allocations. Action Arcade Underground parking More than three uses For every 1 floor of residential use Public plaza -min. 5,000 sq. ft. and art work in plaza setting Develop full frontage with street design as part of pedestrian walkway system Develop "cross - thru's" from street to public open space as part of pedestrian walk- system, on owner's property (maintenance required in Section 20 -8.15) Bonus 5% parking reduction. Area over arcade not counted in totals 1 additional floor of office or 2 floors of resi- dential 20% parkng reduction 1 additional floor of residential use with the minimum parking requirement (two (2) cars per residential use) One (1) additional floor One (1) additional floor One (1) additional floor Supp. No. 3 186 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1. Any property to be developed under a large scale development program and all under single ownership may have residential uses on the first floor. However, they are not permitted on the first floor within that portion of the building or development fronting on the front or main street. (C) No single use in the T.O.D.D. Zone shall exceed a gross floor area of 80,000 square feet, except residential uses. (D) The maximum height of new buildings or additions shall be restricted to four stories as permitted, or up to eight stories as permitted with bonus; but in no case shall exceed 100 feet. r7hese provisions are only applicable to MU-5.1 (E) A minimum lot area of 5,000 square feet shall be required for any of the following nonresidential uses: Institutional, Public Service, General Commercial Entertainment, Commercial Recreation, Office, and Recreation/ Open Space- (F) er' rnr, ,4 t sjj ajl se Feq-,iiFed A? light industrial uses. "i- U Where there is no minimum distance between adjacent buildings, nor a minimum building setback from a property line, one of the first two of the following conditions must be met. 1. If the distance from the exterior wall to the property line is less than five feet, the applicant must show evidence of a maintenance easement from adjacent property owner(s), or: 2. 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CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular MIAMI DAILY BUSINESS REVIEW City Commission meeting Tuesday, November 16, 1999 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to Published Daily except Saturday, Sunday and consider the following described ordinance(s): Legal Holidays Miami, Dade County, Florida. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION STATE OF FLORIDA OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COUNTY OF DADE: THE YEAR 2000 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS I, it AND III Before the undersigned authority personally appeared ore u appeared AND POSSIBLE CHARTER AMENDMENTS; SCHEDULING who on oath says that she is the Suckl VAIllams, oat Suckle THE DAY, PLACE AND TIME OF THE ELECTION; PROVID- ent of legal Advertising of the Miami Deily Business ING FOR QUALIFICATION OF CANDIDATES; PROVIDING Review ilkla Miami Review, a daily (except Saturday, Sunday FOR CLOSE OF ELECTION BOOKS; APPROVING THE and Legal Holidays) newspaper, published at Miami in Dade OFFICIAL BALLOT; PROVIDING FOR A NOTIFICATION; County, Florida; that the attached copy of advertisement, CON- PROVIDING FOR SEVERABILITY, ORDINANCES IN CON- being a Legal Advertisement of Notice in the matter of FLICT, AND AN EFFECTIVE DATE. (1st Reading November 2, 1999) CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING Inquiries concerning this item should be directed to the City ClerKs i NOVEMBER 16, 1999 Office at: 305-663-6340 .= AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 71 OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO ad XXXXXXX �, THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT" In the ............... .......................... Court,' (TODD); AMENDING CHAPTER 20 OF THE CITY OF WPM i said wspaper In the Issues of WPM nl SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING b , y y� SECTION 20.3.1 TO INCLUDE A DESCRIPTION OF TODD, BY REVISING SECTION 20.8.3 TO CLARIFY THE CREA- TION OF TODD SUBCATEGORIES AND USES PERMIT- TED THEREIN; BY REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20- Aiflant further says that the said Miami Dally Business ( 8.17 TO CLARIFY THE TWO STORY HEIGHT LIMIT OF Review Is a newspaper published at Miami in said Dade ' BUILDINGS IN THE MU -4 AND LI -4 SUBCATEGORIES; County, Florida, and that the said newspaper has heretofore' PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABI- been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and � LITY AND PROVIDING AN EFFECTIVE DATE. (1st Reading has been entered as second class mall matter at the post t - November 2, 1999) office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached AN ORDINANCE OF THE MAYOR AND CITY COMMISSION cop dvertlsement; and fill n' further says that she has OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO nei er Id nor promised any parson, firm or corporation APPLICATIONS REQUIRING PUBLIC HEARINGS; AMEND. an dls unt, rebate, commission or refund for the purpose ING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND of so Ing this dvertisement for publication In the sold DEVELOPMENT CODE, BY REVISING SECTION 20.5.5 no per. ENTITLED "APPLICATIONS REQUIRING PUBLIC HEAR- INGS; IN ORDER TO AMEND THE FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR • - SEVERABILITY; ORDINANCES IN CONFLICT, AND PROV- IDING AN EFFECTIVE DATE. (1st Reading - November 2, S Yc ore me tbig isss) 5 OveTBi�u y7 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION • " ........... A.D. /9. . OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF ........ . . .... .... .. .. THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, ' *FPl L NOTARY . AL SECTION 20 -4, SIGN REGULATIONS, BY REVISING SEC - (SEAL) CPR JA TT LLERENA TION 20 -43 (K) (1) PERTAINING TO REGULATIONS GOV- Scoxle Williams es (offi totaaM/aatBN NuNe@lt ERNING THE GRANDFATHERING OF NONCONFORMING.- " >• SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT „. �Q4 CC ♦ � MY OBIqON S E7( p1 SEVERABILITY, AND AN EFFECTIVE DATE. (1st Reading - tr November 2, 1999) Q CITY OF SOUTH MIAMI Planning Board Regular Meeting Summary Minutes Tuesday, November 9, 1999 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Mr. Morton, Chair, called the meeting to order at 7:32 p.m. II. Roll Call Board members present constituting a quorum Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr. Illas City staff present Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis (Temporary Planning Staff); David Struder (Board Secretary) III. Public Hearing (Planning Board acting as Local Planning Agency) Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 1. The Chair reported that this item was being carried over from the last meeting. 2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict of interest and therefore could vote on the issue. 3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional Planning Council. PB Minutes 11 -09 -99 4 Mr. Basu noted corrections that were made based upon discussions at the last meeting. He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5). 5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning discussed the following issues: a. what constitutes a realistic number of affordable housing units that may be built b. whether or not all income categories, particularly the 30% range, is properly addressed c. whether or not to include specific providers of affordable housing in the language d. how best to measure progress in meeting goals, such as by numbers or by percentages e. what language to include in the text of the Housing Element, 6. The Public hearing was then opened.. 7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr., and Ms. Yvonne Beckman. 8.Ms. Manning provided an information sheet showing the definition of affordable housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe Counties. 9. Staff summarized the proposed modifications, including: a. Policy 1.3.5 — strike reference to Habitat for Humanity b. Policies 1.3.6 & 7 - no changes to text language c. Objective 1.3 — include language noting that 30 units, plus 100 units from the proposed Hometown Station by the year 2005, and an additional anticipated 150 units by the year 2010 (reducing the future deficit of affordable housing by d. Policies 1.3.1, 2, 3, & 4 — no changes I O.Staff noted that a workshop will be scheduled to further address the issue of affordable housing. 11.Motion: Mr. Cooper moved approval of the proposed amendment , as revised Ms. Chirnelis seconded the motion. Vote: Approved 7 Opposed 0 (The purpose of the above hearing was to allow for the City of South Miami Planning Board, serving in its capacity as the Local Planning Agency (LPA), to make recommendations to the City Commission regarding transmittal of the proposed Comprehensive Plan amendments to the Florida Department of Community Affairs.) Discussion was held in regard to the length of Planning Board meetings. Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting, with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the cap would not be in place for tonight's meeting. Vote: Approved 7 Opposed 0 IV. Public Hearings (Planning Board) PB Minutes 11 -09 -99 2 ITEM: PB -99 -008 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE I.The request was read into the record. 2.Staff presented the item noting that the amendment includes only technical corrections to the TODD District. 3. Staff recommended that two additional TODD subcategories must be included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that it has been determined that these zoning areas are included within the boundaries of the TODD legal description. 4.The Board, and City staff discussed the following: a. including TODD in the list of zoning use districts b. indicating TODD subcategories on the Official Zoning Map c. including PUD -H and PUD -R in the list of zoning use districts 5. The Public hearing was then opened. 6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker. 7. Concern was expressed in regard to density specifically for residential uses in the TODD 8.The Board requested that staff work on the issue of density as soon as possible. 9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20- 3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion. Vote: Approved 7 Opposed 0 ITEM: PB -99 -009 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED "APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. l.The request was read into the record. 2. Staff presented the item to the Board. 3.Staffnoted corrections to Section 20- 5.5(B) and (B)(2) & (3) based upon previous discussions. 4. The Public hearing was then opened. 5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman PB Minutes 11 -09 -99 3 6.Concern was expressed in regard to removing the concurrence requirement in Section 20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not provide a source for his opinion that concurrent signatures are illegal. 7.The Board and staff discussed the following; a. how to demonstrate the awareness requirement b. whether or not to include concurrence c. changing the word applicant back to person, Section 20- 5.5(B)(3) 8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion. Vote: Approved 7 Opposed 0 ITEM: PB -99 -010 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE GRANDFATHERiNG OF NONCONFORMING SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. LThe request was read into the record. 2. Staff presented the item to the Board noting that one correction had been made to Section 20 -4.3 (K)(1) as 3.The Board and staff discussed the following issues: a. language in the ordinance concerning whether a change of ownership would affect non - conforming status. b. language in the ordinance concerning whether or not building modification would require replacement of a non- conforming sign. c. future inclusion of an amortization schedule in signage regulations 4. The Public hearing was then opened 5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non- conforming signs be included. 6. Several Board members also felt staff should consider drafting an amortization schedule requiring all non - conforming signs to be phased out 7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the subject of an amortization schedule. Mr. Lefley seconded the motion. Vote: Approved 7 Opposed 0 ITEM: PB -99 -011 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO ALLOW ANIMAL HOSPITAL/VETERINARIAN AS A SPECIAL USE IN PB Minutes 11 -09 -99 4 CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B), ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 1.The request was read into the record. 2.Staff presented the item to the Board. Mr. Basu distributed a revised p.2 of the ordinance which added a definition of quick printing 3.The Board and staff discussed the following: a. language concerning hours of operation for an animal hospital 4.The public hearing was the opened 5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment. 6. It was pointed out that the provisions allow for for emergency services outside of the specified hours of operation. 7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the motion. Vote: Approved 7 Opposed 0 ITEM: PB -99 -012 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20- 7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. 1.The request was read into the record. 2.Staff as part of its presentation noted that the ordinance implements a 1998 Comprehensive Plan amendment and also places the Hometown District on the Official Zoning Map. 3.The Board and staff discussed the following issues: a. the definition of a story and that a story applies to a building, not a parking structure 4. The Public hearing was then opened 5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner, Mr. George David. 6.Concerns from the public included: a. that language be made specific to show that a parking level is the same as a story b. that language involving density and FAR be clarified c underlying zoning should be removed if there is an overlay zone. d. in regard to residential projects it was felt that the requirement for first floor retail space should be reconsidered. e. language involving FAR for the total development being 1.6 was discussed f. it was suggested that input from ad -hoc committees studying Hometown issues be obtained before further considering this item PB Minutes 11 -09 -99 5.The Board and staff further discussed the following issues a. that Comprehensive Plan language is being incorporated into the LDC,is required by an amendment to the Comprehensive Plan and that the change should have taken place within one year b. that no new language or new intent is being introduced c. that the Comprehensive Plan and the LDC do not have match word- for -word in meeting the intent of the Comprehensive Plan d. the staff suggested that more specific percentages of mixes uses could be placed in the LDC, however this could involve certain decisions that should be reviewed by the Howntown committee 6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff was asked to return with more specific standards for the LDC amendment. Vote: Approved 7 Opposed 0 ITEM: PB -99 -013 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5, ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20- 7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16, TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 1.The request was read into the record. 2.Staff presented the item to the Board. 3.Staff noted that the item places in the LDC language concerning Unity of Title, which provides a "measure of protection" for the City. 4.The Board and staff discussed the following: a. the Unity of Title does not involve air rights b. that Unity of Title will apply to any general area in the City c. that a Unity of Title requirement be placed in the Community Service Overlay District d. the release of Unity of Title should require a public hearing and the condition that a Unity of Title can only be released if the use ceases to exist. 5. The Public hearing was then opened 6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner, Mr. George David. 7.Concems from the public included a. that language involving across a public right -of -way or alley is not appropriate b. that the word from be added, in reference to right -of -way, in order that the phrase reads located across from public right -of -way or alley. 8.The Board and staff discussed the following issues a. that a Unity of Title is directly connected to the requirements for which it was granted PB Minutes 11 -09 -99 6 b. that substantial evidence should be shown in order to allow for a release of a Unity of Title c. that language regarding properties " on opposite sides of the street "be used instead of across the street 9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the motion. Vote: Approved 6 Opposed 1 (Ms. Chimelis) Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded the motion. Vote: Approved 6 Opposed 1 (Ms. Chimelis) ITEM: PB -99 -014 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS) OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3, ENTITLED "BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. 1.The request was read into the record. 2. Staff presented the item to the Board. 3.Staff noted that the item will allow for the Community Service Overlay to be shown on the Official Zoning Map. 4.The Board and staff briefly discussed the following: a. the status of development that had occurred in the Community Service Overlay 5.Public hearing was held. 6.Members of the public who spoke included Ms. Cathy McCann. Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion. Vote: Approved 7 Opposed 0 ITEM: PB -99 -015 Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.I (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM) Staff noted that the request was withdrawn from consideration. V. Discussion Item PB Minutes 11 -09 -99 7 A. Request of City Commission for Planning Board's recommendation on proposed revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee Schedule - Due to the lateness of the hour, the discussion item was not considered. VI. Approval of Minutes Minutes of October 26, 1999 The Board duly voted and approved the minutes of October 26, 1999, as submitted. Vote: Approved 7 Opposed 0 VII. Remarks /Discussion No remarks VIII. Adjournment There being no further business before the Board, the meeting was adjourned at approximately 12:40 a.m. PB Minutes 11 -09 -99 8