Ord. No. 25-99-1699ORDINANCE NO. 25 -99 -1699
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.
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 Sections 20 -7.1 and 20 -7.2 of the Land Development Code pertaining to the Hometown
District Overlay Ordinance in order to clarify the title and intent of the District to place the overlay on the
City's Official Zoning Map an add standards pertaining to height, density, intensity and mixed use, as
required by provisions of the City's Comprehensive Plan; and
WHEREAS, specific amendments to Sections 20 -7.1 and 20 -7.2 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 30,1999 , after public hearing regarding the proposed amendments to
Sections 20 -7.1 and 20 -7.2 of the Land Development Code, the Planning Board voted 5 -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 -7, "Hometown District Overlay Ordinance," and more specific,
subsections 20 -7.1 and 20 -7.2 entitled "Title" and "Intent, applicability and boundaries," of the South
Miami Land Development Code is hereby amended to read as follows:
NOTE: New wording underlined; wording to be removed indicated by strike - through.
Page 1
ARTICLE VII. HOMETOWN DISTRICT OVERLAY ORDIN XCE -ZONE
Section 20 -7.1 Title.
This article shall be known as the "Hometown District Overlay 9rdinanse" Zone "(HD).
Section 20 -7.2 Intent, applicability, and boundaries. , permitted heights, densities, intensities,
and mixed use standards.
(A) Intent. These land developmeatfogulations The Hometown District Overlay Zone
use development In order to assure a mix of uses. the ON requires that a minimum of two
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. These new regulations intend to invigorate the
economic and social vitality of South Miami's "main street" business center, distinct from
enclosed Dadeland -type malls and SUest-�pe strip development, by the following
actions:
( Items (1) through (6) unchanged.)
(B) Applicability. The requirements of this Article shall be in addition to each and every other
requirement of the City of South Miami Land Development Code (Code), and in the case
of conflict, the provisions of this Article shall control. ,
(C) Boundaries. The boundaries of the HD shall be as delineated on the City's Official Zoning
May as an overlay zone with the symbol "HD -OV" and on the HD Regulating Plan, as
amended from time to time.
(D) Permitted Heights Densities and Intensities: The following standards shall be applicable
within the HD:
(1) Maximum Height - 4 stories
(2) Maximum Residential Density - 24 units /per acre
(3) Maximum Floor Area Ratio for the Total Development - 1.6
(E) Mixed Use Standards. The following Standards requiring a mix of land uses shall be
applicable within the HD:
NOTE: New wording underlined; wording to be removed indicated by strike - through.
Page 2
(1) Residential Projects: At a mimimum, the first floor must allow retail.
(2) Retail Proiects: At a minimum, at least one floor must contain residential units
or office. The total floor area of the residential units or office uses must be at least 20%
of the gross floor area of the building total
(3) Office Proiects: At a minimum, at least one floor must contain residential units
or retail.The total floor area of the residential units or retail uses must be at least 20%
ofthe gross floor area of the building
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 take effect immediately at the time of its passage.
PASSED AND ADOPTED this 21st day of December , 1999
1st Reading: 11/2/99
2nd Readin6: 12/21/99
READ AND APPROVED AS TO FORM:
APPROVED:
MAYOR
Commission Vote:
Mayor Robina:
Vice Mayor Russel:
Commissioner Bass
Commissioner Bethel:
Commissioner Feliu:
NOTE: New wording underlined; wording to be removed indicated by strike - through.
4 -0
Yea
Yea
Not Present
Yea
Yea
Page 3
-+�- CITY OF SOUTH MIAMI
Q INTER- OFFICE MEMORANDUM
To: Mayor & City Commission Date: December 17 1999
From: Charles D. Scurr l Agenda Item # 13
City Manager Re: Comm. Mtg. 12 -21 -99
LDC Amendment:
Hometown Overlay
R .D • I'
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.
BACKGROUND & ANALYSIS:
The attached ordinance amending the Hometown District (HD) Overlay zone is a result of
amendments made to the City's Comprehensive Plan. As part of the Evaluation and Appraisal process
(1995 -96) the City reduced the number of commercial land use categories and created a new overall
I ixed use commercial/residential land use category. This category is primarily implemented by the
Hometown District Overlay zone.
The Florida Department of Community Affairs in 1997 advised the City that the new land use category
must contain specific densities for residential and commercial uses, as well as a specific range of how
the mixed land uses would be distributed in a project. In 1998, the City adopted an ordinance
amending the Comprehensive Plan to include the general wording describing the mixed use standards..
Florida Statutes require that the Land Development Code must be amended to contain the same
Comprehensive Plan standards. The attached ordinance makes the necessary changes to reflect the
Comprehensive Plan language. The ordinance also places the HD Overlay zone on the City's Official
Zoning Map..
This item was approved on first reading by the City Commission at its November 2, 1999, meeting.
The Planning Board at its November 9, 1999 meeting deferred action on the proposed ordinance.and
requested staff to make the LDC regulations on mixed uses more specific than the Comprehensive
Plan language. The City Commission deferred second reading of the ordinance at its December %1999
meeting.
Attached is a revised ordinance which contains proposed percentages of mixed uses which would be
required for any retail or office projects. These revisions are shown in italics as part of Section 20 -7.2
(E), page 2 of the proposed ordinance. The Planning Board also expanded the language of the same
section in order to clarify the intent of the Hometown Overlay Zone.This revision is shown in italics as
part of Section 20 -7.2 (A) page 2 of the proposed ordinance. The Planning Board approved the
proposed ordinance, as amended, by a vote of 5 -0 at its November 30,1999 meeting.
It is imortant to note that the proposed revisions are of a technical nature and do not change any
of the existing regulations
RECOMMENDATION: Approval
Attachments:
Proposed Ordinance
Statement of Non - compliance (Excerpt)
Remedial Language as required Stipulated Agreement (Excerpt)
Minutes of Planning Board 11/30/99
♦vu -d 4-11 .a)ku) "UU k�), r.o., anu
B. Recommended remedial actions. These inconsistencies may be remedied by
taking the following actions:
10. The Department believes that if the City adds the objective and policies as
identified in Item No. 7 as well as establishing objectives and policies based upon the additional
analysis requirements as discussed in preceding sections'ofthe Statement cf Intl-nt, the
transportation needs of the TCEA will be met.
11) The amendment is inconsistent because the Future Transportation Map did not
include parking facilities that are required to achieve mobility goals; TCEA; and intermodal
terminals and access to such facilities. [Section 163.3177(6)0)1., 2., and 3., F.S.; Rule 9J-
5.005(5)(b); and Rule 9J- 5.019(5)(a) Le.; (5)(a)4; and (5)(a)9., F.A.C.]
B. Recommended remedial actions These inconsistencies may be remedied by
taking the following actions:
11. Include these items on the Future Transportation Map.
II. AMENDMENT TO THE FUTURE LAND USE ELEMENT
A. Inconsistent provis :ons. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
I ) The amendment is inconsistent because it includes a new mixed use FLUM
category, Mixed Use Commercial/Residential (Four Story), but does not include a minimum and
maximum range percentage of land use distribution among the mix of uses, and the density for
residential uses. While the City has established a FIoor Area Ratio (F.A.R.) appropriate for non-
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St74MAW OF
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vary in size which makes it difficult to determine the number of units that could be allowed.
[Section 163.3177(6)(a), F.S., and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.]
B. Recommended remedial actions. These inconsistencies may be remedied by
taking the following actions:
1. The Mixed Use Commercial/Residential (Four Story) category must be revised to
include the minimum and maximum range percentage of land use distribution among the mix of
uses and include a residential density based on dwelling units per acre.
III. FUTURE LAND USE MAP AMENDMENTS
A. Inconsistent provisions. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1. The City has adopted 4 FLUM amendments which involve converting land uses to the
Mixed Use Commercial/Residential (4 Story) category. As the Department has determined that
the Mixed Use Commercial/Residential (4 Story) category is not in compliance, these 4 FLUM
amendments are also not in compliance because of the problems associated with the land use
category. Listed below are the subject amendments. [Section 163.3177(6)(a), F.S.; Rule 9J-
5.005(5)(a); and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.]
Amendment
Total Acreage
Existing Designation
Proposed
Designation
Amendment No.1-
2.41
Single - Family Res,
Mixed Use
Madison Square
Neighborhood Retail (2
Commercial/Residential
Story)
d.
10
Amendment No.2-
Chatrette Too
14.21
Commercial Office Use,
Commercial Retail,
Nblic Institutional,
Single Family Res, and
Vacant
Mixed Use
Commercial/Residential
Amendment No.5-
1.46
Low Intensity Office (2
Mixed Use
Community Center
Story)
COmrnercial/Residential
Amendment No.6-
40.6
Specialty Retail/Res (4
Mixed Use
Hometown District
Story), Neighborhood
Cotnmercial/Residential
Retail (2 Story),
Residential•Office (2
Story), and Medium
Density Multiple (4
Story)
B. Recommended remedial actions These inconsistencies may be remedied
by taking the following actions:
1. Upon revising the Mixed Use Commercial/Residential (Four Story) category
pursuant to the recommendation contained in Amendment to the Future Land Use EIement
Recommendation No. 1, these PLUM amendments will be found in compliance.
IV. AMENDMENT TO THE HOUSING ELEMENT
A. Inconsistent provisions. The. inconsistent provisions of the plan amendment, under
this subject heading are as follows:
1) The amendment is inconsistent because Housing Objective 1.3, which states that
the City will create and maintain affordable housing for all current and anticipated future resident
of the City, especially providing for households of very-low income, low- income, and moderate -
income, is not measurable because it lacks a target by which the identified deficits in affordable
housing will be reduced. The associated policies, while establishing programs which could result
in the construction of affordable housing, do not establish the target by which the City will
11
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2 • The analysis shall address internal consistency of the Ian. es ecially its
3 provisions addressma transportation land use and the availab_itir_. of
4 facilities: and,
5
6 • An analvsis which identifies land uses and transportation management
7 programs necessary to promote and support public transportation systems
8 in designated transportation corridors. �
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10
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- - - - -- - - -• -- , . , .. on addition to the existing goals.
policies and objectives of the City's adopted and amended Future Land Use Element as follows:
Mixed -Use Commercial[Residential (Four -Story)
The mixed -use commercial /residential land use category 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 that is characteristic of traditional downtowns. Permitted
heights, densities and intensities shall be set forth in the Land Development Code. Regulations
regarding the permitted height. density and intensity in zoning districts for areas designated as
mixed -use commercial /residential shall provide incentives for transit- oriented development and
mixed -use development. Zoning regulations shall reinforce the "no widenings" policy set forth
in the Traffic Circulation Element by encouraging use of Metrorail system. Pursuant to the
recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.)
in the Comprehensive Plan. the City adopts a F.A.R. of 1.6 for this land use category which is
the existing F.A.R. in the Land Development Code for the corresponding zoning district. In
addition. the City adopts a maximum residential density of 24 units per acre In order to ensure
a mix of uses the City requires that a minimum of two of the above uses must be developed.
within this cateeory . For residential projects at a minimum the first floor must allow retail
For retail protects, at a minimum at least one floor must contain residential or office For office
RLojects. at a minimum, at least one floor must contain residential or retail
III. FUTURE LAND USE MAP 4.MENDMENTS
No language chances or map changes are proposed, as it is understood that the amendment
which is proposed in the previous section, if accepted, will satisfv DCA, regarding this section.
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CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 30,1999
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 7:33 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Cooper, Mr. Wiscombe
Board members absent
Mr. Illas, Mr. Lefley
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); Lourdes Cabrera - Hernandez (Planner); David Struder
(Board Secretary)
III. Public Hearings (Planning Board)
A. ITEM: PB -99 -016
Applicant: Habitat for Humanity of Greater Miami
Request: REQUEST FOR VARIANCES FROM SECTION 20 -3.5 (E) OF THE
LAND DEVELOPMENT CODE TO ALLOW A SIXTEEN FOOT (16')
FRONT SETBACK, WHERE TWENTY -FIVE FEET (25') IS
REQUIRED, AND A SEVEN FOOT EIGHT INCH (7'8 ") REAR
SETBACK, WHERE TWENTY -FIVE FEET (25') IS REQUIRED, ON
PB Minutes 11 -30 -99
DRAFT
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 30,1999
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 7:33 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Cooper, Mr. Wiscombe
Board members absent
Mr. Illas, Mr. Lefley
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); Lourdes Cabrera - Hernandez (Planner); David Struder
(Board Secretary)
III. Public Hearings (Planning Board)
A. ITEM: PB -99 -016
Applicant: Habitat for Humanity of Greater Miami
Request: REQUEST FOR VARIANCES FROM SECTION 20 -3.5 (E) OF THE
LAND DEVELOPMENT CODE TO ALLOW A SIXTEEN FOOT (16')
FRONT SETBACK, WHERE TWENTY -FIVE FEET (25') IS
REQUIRED, AND A SEVEN FOOT EIGHT INCH (7'8 ") REAR
SETBACK, WHERE TWENTY -FIVE FEET (25') IS REQUIRED, ON
PB Minutes 11 -30 -99
PROPERTY LOCATED IN THE RS -4 "SINGLE- FAMILY
RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT
6550 SW 59 AVENUE, SOUTH MIAMI, FLORIDA 33143.
Mr. Wiscombe read the request into the record.
Staff reviewed details of the request.
Mr. Wiscombe noted several typographical errors in the staff report.
Public hearing was opened.
There being no one present wishing to speak for or against the item, the public hearing
was closed.
Motion: Mr. Cooper moved approval of the request. Mr. Wiscombe seconded the
motion.
Vote: Approved 5 Opposed 0
Discussion continued and involved, but was not limited to, the following topics.
The Board inquired as to the study of sub - standard lots in the residential area and other
matters related to zoning.
Staff reported that a list of such matters is being composed for future consideration.
Staff noted that the City may implement a zoning task force to assist with these
outstanding concerns.
In closing comments on the item, staff introduced the Planning & Zoning Department's
newest employee, Lourdes Cabrera - Hernandez, Planner.
B. ITEM: PB -99 -010 (Continued from PB meeting of November 9,1999)
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.
Ms. Chimelis read the request into the record.
Staff reported that the item was being carried over from the Board's last meeting and
included changes reflecting comments related in that meeting.
Staff noted that such changes included (1) the incorporation of a seven -year amortization
schedule and (2) in matters involving major building fagade renovation, the
grandfathering of a sign would be voided.
Staff explained that (1) the item, as revised, is beyond that which had been originally
advertised and that (2) the City Attorney advised that the request be deferred at this time.
The Board made recommendations (1) that the ordinance should include an actual
amortization schedule, which would start when a sign becomes non - conforming and (2)
to include language such as ...a sign made non - conforming by changes in the code or law
should be grandfathered for a period not to exceed five years.
PB Minutes 11 -30 -99 2
Mr. Morton noted that the motion would be one for deferral with recommendations.
Motion: Mr. Cooper moved deferral of the request. Mr. Wiscombe seconded the
motion.
Vote: Approved 5 Opposed 0
C. ITEM: PB -99 -012 (Continued from PB meeting of November 9, 1999)
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 B Y
COMPREHENSIVE PLAN;
CONFLICT, SEVERABILITY
DATE.
PROVISIONS OF THE CITY'S
PROVIDING FOR ORDINANCES IN
AND PROVIDING AN EFFECTIVE
Ms. Gibson read the request into the record.
Staff reported that the item was being carried over from the Board's last meeting.
Staff explained that, in response to the Board's comments expressed at that meeting,
specific percentages had been added to the language involving Mixed -Use Standards (E)
for office and retail projects.
Staff noted that, in regard to residential projects (E)(1), language would remain as stated
without a specific percentage.
Public hearing was opened.
There being no one present wishing to speak for or against the item, the public hearing
was closed.
The Board and staff discussed language contained in the Comprehensive Plan, which
defined mixed use.
Staff explained that the Plan language could not be changed; however, the LDC section
could be amended to clarify the City's mixed -use objective.
Suggestions for clarification included that uses be bolded (line 20) and that language in
each project be added (line 31).
The Board and staff discussed language included in the proposed ordinance.
Suggestions included to add language ...in order to ensure a mix of uses, the city requires
that, for each development... for Intent (A).
The board directed staff to provide the precise language.
Motion: Mr. Cooper moved approval of the request, as modified. Ms. Gibson
seconded the motion.
Vote: Approved 5 Opposed 0
PB Minutes 11 -30 -99
IV. Discussion Item
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (11) 12 of the City's Permit Fee
Schedule
Staff explained that, at a prior consideration of the item with the City Commission,
discussion was held in regard to Land Use Application Fees (H).
The Board inquired as to whether studies concerning fees are done for comparable
municipalities, such as Miami Shores.
Staff noted that comparisons have been made, including with Coral Gables and Miami -
Dade County.
The Board and staff discussed whether to use percentages or acreage as a baseline for
fees to be charged, in order that the City may be fairly compensated.
Staff noted that the Planning Advisory Service (PAS) or the Urban Land Institute (ULI)
could be consulted in regard to obtaining information on charging fees.
The Board requested that additional information be supplied when the item returns for
consideration, such as rationale for fees, fee schedules of other municipalities, etc.
V. Approval of Minutes
Minutes of November 9, 1999
The Board duly voted on and approved the minutes for November 9, 1999, as submitted.
Vote: Approved 5 Opposed 0
VI. Remarks / Discussion
There were none.
VII. Adjournment
There being no further business before the Board, the meeting was adjourned at 8:45 p.m.
PB Minutes 11 -30 -99 4