Ord. No. 23-99-1697ORDINANCE NO. 23 -99 -1.697
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, BY CREATING SECTION 20 -7.30: HOMETOWN DISTRICT
OVERLAY ORDINANCE, SECTION 20 -8.16: TRANSIT ORIENTED DEVELOPMENT DISTRICT
AND SECTION 20 -9.11: COMMUNITY SERVICE OVERLAY DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST; PROVIDING FOR
SEVERABILITY, PROVIDING FOR 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 certain provisions of Section 20 -2.3 and Section 20 -5.16 pertaining to a
definition, requirements, and standards for a unity of title and has recommended amending Sectic
and
WHEREAS, a specific amendment pertaining to Unity of Title was 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 -2.3, 20 -5.16, 20 -3.7, 20 -7.30, 20 -8.16, 20-9.11 of the Land Development Code, the
Planning Board voted 6 -1 to transmit the proposed amendment 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 -2.3, "Definitions," of the South Miami Land Development Code is
hereby amended to read as follows:
Section 20 -2.3 Definitions
UNITY OF TITLE. A written agreement executed by and between a property owner and the CitX
of South Miami, whereby the property owner for a specified consideration by the Cityagrees that
the lots and/or parcels of land constituting the building site shall not be conveyed, mortgaged
and/or leased separate and apart from each other and that they shall be held together as one tract.
Page 2 of Ord. No. 23 -99 --1697
Section 2. That Article V, Section 20 -5, entitled "Procedures and Applications" of the South
Miami Land Development Code is hereby amended by adding Section 20 -5.16 to be entitled "Unity of
Title Submittal and Procedures," to read as follows:
Section 20 -5.16 Unity of Title Submittal and Procedures
A Unity of Title, as defined in Section 20 -2.3, shall be required as specified below and shall be a
prerequisite to the issuance of a building permit.
La) Required. The Unity of Title shall be required in the following cases:
1 Whenever the building site consists of more than one lot or parcel and the main building
is located on one lot or parcel and auxiliary_or accessory use buildings are _located on
the remaining lot of or parcel coLrprising the building site.
2 Whenever the building site consists of more than one lot or parcel and the main building
is located on one or more of the lots or .parcels and the remaining lots or parcels
encompassing encoMpassing the building site are required to meet the minimum zoning re uirements.
3 Whenever a Unity of Title is required by a provision within this Code or is specifically
required by an ordinance or resolution passed and adopted by the City Commission.
(h} Submittal. A Unity_of Title shall be submitted to the Planning and Zoning Department.
O Approval. A Unijy of Title shall be subject to a roval by the Ci y Attorney as to form
and content.
(d) Recording. A Unity of Title shall be recorded in the Public Records of Miami -Dade
CopnV and shall run with the land and shall be binder upon the prroperiy owner, his/her
successors and assiggs. The owner shall pgy the fee as required for recording a Unity of
Title in the Public Records of Miami -Dade Co=.
(e) Release. Any Unity of Title required by this section shall not be released except upon
Section 3. That Section 20 -3.7, entitled "Planned Unit Developments" of the South Miami Land
Development Code is hereby amended by adding Section 20- 3.7(B)(2) to be entitled "Unity of Title
Required" to read as follows:
Section 20 -3.7 Planned Unit Developments.
(B) Basic Requirements.
Q Unity of Title Required.
(a) A Unity of Title as set forth in Section 20 -5.16 shall be required for all Planned
Development Projects.
Scivener's error 2/14/00
Paqe 3 of Ord. No. 23 -99 --1697
Section 4. That Article V11, Section 20 -7, entitled "Hometown District Overlay Ordinance" of the
South Miami Land Development Code is hereby amended by adding Section 20- 7.30(A), to be
entitled "Unity of Title Required," to read as follows:
ARTICLE VII. HOMETOWN DISTRICT OVERLAY ORDINANCE
Section 20 -7.30 Unity of Title Required
A Unily of Title as set forth in Section 20 -5.16 is required for all platted lots in an
development project within the HD if any of the following conditions exist.
L1,) If a development project is to be built on two (2) or more abutting platted lots;
If the permitted density of a development project is based upon the averaging of two 2) or
more latted_ lots either abutting or located ^s on the opposite sides of a ubp lic ri hg t -of-
way or alley;
If the required parking for a development project is located on a lot other than on the site
which is generating the required parkin
Section 5. That Article VIII, Section 20 -8, entitled "Transit Oriented Development District" of the
South Miami Land Development Code is hereby amended by adding Section 20 -8.16 to be entitled
"Unity of Title Required" to read as follows:
ARTICLE VIII. TRANSIT ORIENTED DEVELOPMENT DISTRICT
Section 20 -8.16 Uni ty of Title Required.
A Unity of Title, as set forth in Section 20 -5.16, is required for all platted lots in any
development project within the TODD if any of the followina conditions exist.
If a development project is to be built on two (2) or more abutting platted lots;
U2) If the permitted density of a development project is based upon the averaging of two (2) or
more platted lots either abutting or located s on the opposite sides of a public right -of-
way or alley;
If the required parking for a development project is located on a lot other than on the site
which is generating the required parking;
ARTICLE IX. COMMUNITY SERVICE OVERLAY DISTRICT
Section 20 -911 Unity of Title Required.
Page 4 of Ord. No. 23 -99 -1697
(1) If a development project is to be built on two (2) or more abutting platted-lots;
is
Section 617. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 2. 8 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 9.9 This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 16th
ATTEST:
NO,
CITY CLERK U
1st Reading: 11/2/99
2nd Reading: 11/16/99
READ AND APPROVED AS TO FORM:
��/ �1A�
CITY ATTORNEY
day of November , 1999
APPROVED:
1.
MAYOR
Commission Vote:
Mayor Robina:
Vice Mayor Russell
Commissioner Bass:
Commissioner Bethel:
Commissioner Feliu:
5 -O
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
v INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: Charles D. Scurr
City Manager
REQUEST:
Date: November 12,1999
Agenda Item #
Re: Comm. Mtg. 11/19/99
LDC Amendment: Unity of Title
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, BY CREATING SECTION 20 -7.30: HOMETOWN DISTRICT
OVERLAY ORDINANCE, SECTION 20 -8.16: TRANSIT ORIENTED DEVELOPMENT DISTRICT
AND SECTION 20 -9.11: COMMUNITY SERVICE OVERLAY DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST; PROVIDING FOR
SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING. AN EFFECTIVE .
DATE.
BACKGROUND & ANALYSIS:
The attached ordinance responds to recent concerns about the requirement of and submittal of a Unity
of Title document. The LDC currently requires a Unity of title to be submitted when parking spaces
are placed on lots separate from the principal use. In order to respond to multi -lot development the
LDC should be amended to strengthen the Unity of title concept. The attached ordinance includes a
working definition and a procedure section. In addition, specific zoning districts ( PUD, Hometown,
TODD, and Community Service Overlay) should be amended to require the submission of a Unity of
Title, if certain conditions exist.
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
Attachment:
Proposed Ordinance
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 PERMITTED USES IN CERTAIN ZONING DISTRICTS
AND TO ALLOW ANIMAL HOSPITAL/VETERINARIAN AS A
SPECIAL USE IN CERTAIN DISTRICTS, AND BY REVISING
SECTION 20- 3.4(B), ENTITLED 'SPECIAL USE CONDI-
TIONS,' IN ORDER TO ESTABLISH CONDITIONS; PROV-
IDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. (1st Reading - November 2,
1999)
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 COMPRE-
HENSIVE PLAN; PROVIDING FOR ORDINANCES IN CON-
FLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE. (1st Reading - November 2, 1999)
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 APPLICA-
TIONS' IN ORDER TO PROVIDE A DEFINITION, REQUIRE-
MENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOP-
MENTS, SECTION 20 -7.30 HOMETOWN DISTRICT OVER-
LAY 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 SEVER -
ABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. (1 st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH, MIAMI, FLORIDA RELATING TO
THE COMMUNITY SERVIG% (CS) OVERLAY ZONING DIS-
TRICT; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY REVISING SEC-
TION 20 -9.3, ENTITLED "BOUNDARIES," IN ORDER TO
CLARIFY THAT THE CS OVERLAY ZONING DISTRICT
SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
NIAF; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
(1 st Reading - November 2, 1999)
Said ordinance can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning these items should be directed to the City's
Planning Department at: 305- 663.6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Cleric
City of South Miami
Pursuant to Florida Statutes 266.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board. Agency or Commission with respect to any matter considered
at its meeting or hearing, he or she will need a record of the proceed-
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in-
cludes the testimony and evidence upon which the appeal is to be
based.
11/5 99- 3- 110592M
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 Staf); 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,
b. 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 1.3.5 & 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
10. 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.
Chimelis 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 ( PubIic/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.
I .The request was read into the record.
2. Staff presented the item to the Board.
3. Staff noted 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.
I .The 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 HOSPITALNETERINARIAN 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.
1.1he 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
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 ward- 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.Concerns 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. ChimeIis)
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.Staffnoted 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.1
(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
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A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) l 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
VTL 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