14THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
FROM:
DATE:
SUBJECT:
The Honorable Mayor & Members of the City Commission
City Manager
July 7,2015 Agenda Item NO.:1.!I
An Ordinance amending the Land Development Code to provide for the
transfer of uses permitted in other Transit-Oriented Development Districts
(TODD) to the TODD (PI) -Public / Institutional district.
BACKGROUND: The City Hall site is designated TODD (PI) on the City's Zoning Map, and
limited to the government and assembly oriented uses permitted in this
district currently described in the City's Land Development Code.
Section 20-8.3(C)(2) ofthe Land Development Code provides:
The uses permitted in each TODD sub-category shall be as follows:
(a) TODD (MU-4): Residential Uses, Commercial Uses.
(b) TODD (MU-S): Residential Uses, Commercial Uses.
(c) TODD (11-4): Residential Uses, Commercial Uses, Light Industrial
Uses.
(d) TODD (PI) Schools, Governmental facilities, utilities, churches
and other similar uses.
(e) TODD (PR) Public parks and open spaces.
The opportunity to redevelop the City Hall site pursuant to a Public Private
Partnership is severely limited due to the restrictions on uses permitted in the
TODD (PI) zoning district. The Administration has reviewed the feasibility and
effect of the City Commission amending the Land Development Code to allow
uses permitted in the other TODD sub-categories also in the TODD (PI) district.
The amendment solves some apparent problems related to potential future
development of the City Hall property in relation to certain express desires of
some City Commissioners. Should the City wish to encourage the creation of a
grocery store or a hotel on the City Hall site, this proposed change to the Code
would be essential.
The City's Comprehensive Plan explains the ongms of the Transit-Oriented
Development Districts as follows:
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
"On April 1, 1996, the City Commission adopted Ordinance No.
05 96 1605, regarding the amendment of the Comprehensive Plan, in
order to establish the Transit Oriented Development District (TODD).
The purpose of the TODD is to permit more flexibility in the height of
future development so that mixed use, multi story development and
redevelopment projects may be encouraged with an emphasis on the
quality of project design. The district is located directly adjacent to the
South Miami Metrorail transit station and is comprised of two
sub sections, one to the northeast along South Dixie Highway and one to
the southwest along Sunset Drive (S.W. 72 Street)."
Comprehensive Plan, Summary of Plan Amendments, EAR based
Amendment Package No. 951 (DCA No. 961ER).
The Comprehensive Plan describes the Future Land Use Category for the TODD
as follows:
"Transit-Oriented Development District [TODD] (Flexible Height up to 8
Stories)-The Transit Oriented Development District is intended to
provide for the development of office uses, office services, office related
retail, retail, retail services, and residential uses in multi story and
mixed use projects that are characteristic of transit oriented
developments. Permitted heights and intensities shall be set forth in the
Land Development Code, including design standards. Zoning regulations
shall encourage development within the TODD in conjunction with
limiting new development within the Special Flood Hazard Area. The
City shall pursue incentive programs for redevelopment including flexible
building heights and design standards to insure that responsible, effective
and aesthetically pleasing projects result."
There is no logical justification for restricting residential and commercial uses
from the City Hall site .. The opportunity to allow such uses in the TODD (PI)
district on the City Hall site will have no adverse effects on any nearby or
neighborhood uses, but will have substantial benefits in facilitating the Public
Private Partnership necessary for redevelopment ofthe City Hall site. This in turn
will enable the City's residents to gain more value from their City Hall site, which
will reduce the demand on future revenues and work against tax hike proposals
based on capital needs.
A question might arise as to whether the transfer of additional uses to the TODD
(PI) zoning district makes that district less restrictive, and thus requires a
unanimous 5/5 vote according to the City Charter (Article II, section 6.D.1) and
the Land Development Code (section 20-6.1 (A)(3)a.iii).
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The TODD (PI) district contains the most intense uses of any other TODD
districts. The uses permitted in the PI district specifically states: "Schools,
Governmental facilities, utilities, churches and other similar uses." These would
include assembly uses (schools and churches), utilities, and "government
facilities" (not just offices), and a general catch all of other similar uses to each of
these. "Utilities" as referenced above and as permitted currently "as of right"
within this district, could include such uses as a sanitary landfill, a sewage
treatment facility, a jail, a trash transfer facility and so forth. The uses from other
TODD districts proposed to be transferred to the PI district include residential
uses, commercial uses, parks and open spaces, which are generally less intense
uses and generally more highly regulated than the existing TODD (PI) uses.
Thus, the addition of less intense and more highly regulated uses to the PI district
does not make the uses in the PI district less restrictive, rather it makes it more
restrictive by making the totality of uses less intense and more highly
regulated.
Further, the Comprehensive Plan Future Land Use Element for the TODD district
doesn't expressly include, and thus doesn't expressly provide for governmental
uses in the TODD district. Adding other permitted uses from the other TODD
sub-categories is therefore consistent with the Comprehensive Plan and Land
Development Code's combined effort to regulate uses to protect adjacent
properties and uses. The addition of other uses to the TODD (PI) sub-category,
being consistent with the description of the TODD Future Land Use category,
means that the proposed amendment is not less restrictive than what presently is
provided for in the Comprehensive Plan and Code.
Three affirmative votes are needed to approve the ordinance transferring uses
from the other TODD districts to the TODD (PI) district.
RECOMMENDATION: Staff therefore recommends that the City Commission amend the Land
Development Code to allow uses permitted in the other TODD sub-categories
also in the TODD (PI) district.
AMOUNT:
ACCOUNT:
ATTACHMENTS:
$0
N/A
Ordinance
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ORDINANCE NO. ______ _
3 An Ordinance amending the City of South Miami Land Development
4 Code, Article VIII, titled "Transit-Oriented Development District,"
5 Section 20-8.3(C)(2)( d) to add uses permitted in the other TODD
6 districts to the TODD (PI) Public / Institutional zoning district.
7
8 WHEREAS, the City Hall site is designated TODD (PI) on the City's Zoning
9 Map, and limited to the government and assembly oriented uses permitted in this district
10 currently described in the City's Land Development Code; and
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12 WHEREAS, the opportnnity to redevelop the City Hall site pursuant to a Public
13 Private Partnership is severely limited due to the restrictions on uses permitted in the
14 TODD (PI) zoning district; and
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16 WHEREAS, the Administration has reviewed the feasibility and effect of the
17 City Commission amending the Land Development Code to allow uses permitted in the
18 other TODD sub-categories also in the TODD (PI) district, and recommends the adoption
19 of such an amendment; and
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21 WHEREAS, the City Commission desires to adopt this amendment to
22 accomplish the above objectives.
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24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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27 Section 1. Article VIII, titled "Transit-Oriented Development District,"
28 Section 20-8.3(C)(2)( d), of the Land Development Code, City of South Miami, Florida, is
29 hereby amended and shall read as follows:
30
31 20-8.3 -Creation of TODD subcategories.
32
33 (A) For purpose of recognizing the existing patterns of land use, the need to encourage a
34 logical mix of land uses, and the need to promote a higher density of uses together with
35 practical development bonus opportnnities, the following sub-categories (zones) are
36 hereby created:
37 (I) "TODD (MU-4)" Mixed Use 4
38 (2) "TODD (MU-5)" Mixed Use 5
39 (3) "TODD (LI-4)" Light Industrial 4
40 (4) "TODD (PI)" Public / Institutional
41 (5) TODD (PR) Parks and Recreation
42 (B) The boundaries of the Transit-Oriented Development District and the sub-categories
43 shall be indicated on the City's Official Zoning Map and also shown on the Regulating
44 Plan Graphic, as presented in Section 20-8.17
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Page 1 of3
1 (C) Permitted Uses:
2 (1) There are five use categories within the TODD district: Residential Uses,
3 Conunercial Uses, Light Industrial Uses, Public/Institutional and Parks and Recreation.
4 (2) The uses permitted in each TODD sub-category shall be as follows:
5 (a) TODD (MU-4): Residential Uses, Conunercial Uses.
6 (b) TODD (MU-5): Residential Uses, Commercial Uses.
7 (c) TODD (LI-4): Residential Uses, Conunercial Uses, Light Industrial
8 Uses.
9 (d) TODD (PI) Schools, Governmental facilities, utilities, churches and
10 other similar uses, as well as all other uses permitted in the other TODD sub-categories.
11 All uses in the TODD (PI) shall otherwise be in accordance with all the other
12 development regulations of TODD (PI)' unless the City Conunission determines by
13 special exception that the development regulations in the TODD sub-category from
14 which a permitted use was adopted should also apply to that adopted use.
15 (e) TODD (PR) Public parks and open spaces.
16 (D) Permitted Heights:
17 (a) TODD (MU-4): 2 story maximum,
18 (b) TODD (MU-5): 2 story minimum: 4 story maximum; up to 8 stories
19 with bonus. Maximum height 100 feet.
20 (c) TODD (LI-4): 2 story maximum,
21 (d) TODD (PI): Building height compatible with surrounding districts,
22 (e) TODD (PR): Public parks and open spaces,
23
24 Section 2. Codification. The provisions of this ordinance shall become and
25 be made part of the Code of Ordinances of the City of South Miami as amended.
26
27 Section 3. Severability. If any section, clause, sentence, or phrase of this
28 ordinance is for any reason held invalid or unconstitutional by a court of competent
29 jurisdiction, this holding shall not affect the validity of the remaining portions of this
30 ordinance or the Guidelines adopted hereunder.
31
32 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
33 all sections and parts of sections of ordinances in direct conflict herewith are hereby
34 repealed.
35
36 Section 5.
37 enactment.
38
Effective Date. This ordinance shall become effective upon
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PASSED AND ENACTED this _~day of _____ , 2015.
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ATTEST:
CITY CLERK
1st Reading
2 nd Reading
APPROVED:
MAYOR
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
5 Commissioner Edmond:
6 Commissioner Welsh:
7 CITY ATTORNEY
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