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5THE CITY OF PLE ASA NT LI VING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable M ayor & Members of the City Commission VIA : STEVEN ALE XA NDER, CiTY MANAG ER FROM: Dwayne Williams, Planning Director Agenda Item No.: 5" DATE: AUGUST 4, 2015 SUBJECT: An Ordinance amending the City of South Miami land Development Code , Article VIII, titled "Transit-Oriented Development District," Section 20-S.3(C)(2)(d) to add uses permitted in the other TODD districts to the TODD (PI) Publici Institutional zoning 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 -S.3(C)(2) of the 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 space s. The opportunity to redevelop the City Hall site pursuant to a Public Private Partnership i s 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 Si te , thi s proposed change to the Code would be essential. The City's Comprehensive Plan explains the origins of the Transit-Oriented Development Districts as follows: "On April 1, 1996, the City Commission adapted 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 of the 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 6.0.1) and the Land Development Code (section 20-6.1 (A)(3) a.iii). The TODD (PI) district contains the most intense uses of any other TODD district. 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), 2 utilities and government facilities (not just offices), and a general catch all of other sim ilar to each of these. Utilities as referenced above and as permitted currently" as of right" with 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. 3 J \ TODD -PI (STREET AND AERIAL MAP) r , \ .~I , f l , I , ~ \ I . . ' -- 4 . , I r i ! PLANNING BOARD ACTION: The Planning Board at its July 21, 2015 meeting adopted a motion by a vote of 4 ayes 1 nay thus recommending approval of the proposed amendment. 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. Attachments: Ordinance Planning Board Minutes of July 21, 2015 5 1 ORDINANCE NO. ______ _ 2 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 I 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 11 12 WHEREAS, the opportunity 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 15 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 20 21 WHEREAS, the City Commission desires to adopt this amendment to 22 accomplish the above obj ectives. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 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 opportunities, the following sub-categories (zones) are 36 hereby created: 37 (1) "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 I 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 45 46 Page 1 of3 1 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 35 36 (C) Permitted Uses: (1) There are five use categories within the TODD district: Residential Uses, Commercial Uses, Light Industrial Uses, PubliclInstitutional and Parks and Recreation. Uses. (2) 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 (L1-4): Residential Uses, Commercial Uses, Light Industrial (d) TODD (PI) Schools, Governmental facilities, utilities, churches and other similar uses, as well as all other uses permitted in the other TODD sub-categories. All uses in the TODD (PD shall otherwise be in accordance with all the other development regulations of TODD (pD. unless the City Commission determines by special exception that the development regulations in the TODD sub-category from which a permitted use was adopted should also apply to that adopted use. (e) TODD (PR) Public parks and open spaces. (D) Permitted Heights: (a) TODD (MU-4): 2 story maximum, (b) TODD (MU-S): 2 story minimum: 4 story maximum; up to 8 stories with bonus. Maximum height 100 feet. (c) TODD (LI-4): 2 story maximum, (d) TODD (PI): Building height compatible with surrounding districts, (e) TODD (PR): Public parks and open spaces, Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. Section 3. Severability. 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 or the Guidelines adopted hereunder. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5. Effective Date. This ordinance sha1l become effective upon 37 enactment. 38 39 PASSED AND ENACTED this __ day of ,2015. 40 41 ATTEST: APPROVED: 42 43 44 45 46 CITYCLERK. . 1st Reading 2nd Reading MAYOR 2 I 2 3 4 5 6 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF: 7 CITY ATTORNEY 8 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Liebman: Commissioner Edmond: Commissioner Welsh: 3 CITY OF SOUTH MIAMI LOCAL PLANNING AGENCY (PLANNING BOARD) Regular Meeting Minutes Tuesday, July 21,2015 CITY COMMISSION CHAMBERS 07:00 P.M. City of South Miami Ordinance No. 08-06-1876 requires aI/ lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to aI/ persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of prafessional consultants, and virtual/y aI/- legislative, quasi-judicial and administrative action I. Call to Order Action: Mr. Greiner called the meeting to order at 7:31 P.M. II. Roll Call Board Members present constituting a quorum: Mr. Greiner (Chairman), Mr. Basu, Ms. Glavey, Ms. Fischer, Mr. Carreras. Board Members absent: Dr. Philips. City staff present: Ms. Shari Kamali (Assistant City Manager), Dwayne Williams (Planning Director), Joseph Corradino (Planning Consultant) City staff absent: Mr. Marcus Lightfoot (Zoning Review Coordinator) City Attorney: Mr. Thomas Pepe and Mr. Gary Held III. Approval of the Minutes: Planning Board Minutes of May 12, 2015 -The Board Members reviewed the minutes and were in favor of approval of the minutes with changes. Motion: Mr. Basu motioned to approve the minutes with changes. Ms. Fischer seconded the motion. Vote: Yes 5. No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes 1 Ms. Fischer: Yes Mr. Carreras: Yes IV. Administrative Matters Mr. Williams was introduced as the new Planning Director. Mr. Pepe introduced Gary Held, the city's land use attorney, to the Board. V. Public Hearings 1. P8-15-007 Applicant: City of South Miami An Ordinance amending the City of South Miami Land Development Code, Article VIII, titled "Transit-Oriented Development District," Section 20-8.3(C)(2)(d) to add uses permitted in the other TODD districts to the TODD (PI) Public/Institutional zoning district. Ms. Glavey read the item into the record. Motion: Mr. Basu moved to open the item up for discussion. Mrs. Fischer seconded the motion. Vote: Yes 5, No OINone) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Mr. Carreras: Yes Mr. Williams presented the item to the Board. Mr. Williams introduced Mr. Corradino who continued the presentation of the item. Mr. Corradino gave a presentation to the Board on the item. Mr. Greiner stated that undeveloped/underdeveloped properties beneath the transit line are some of the most valuable properties in Miami-Dade County. He then suggested that the restriction that building heights be comparable to the buildings around them is not only vague but could limit the density/development of the property due to the size of the surrounding buildings. He then suggested that a minimum height and/or density for the development of the property be set. Last Mr. Greiner suggested that the uses be expanding in order to encompass uses that lend itself to a transit oriented district. Mr. Basu stated that the purpose of the TODD district was to increase ridership, but somewhere through the creation process, the building height was limited. He then stated that 2 this change would give the city the opportunity to develop the west side of Sunset Drive (SW 72"d Street), so that it is more interconnected with Downtown South Miami (both sides of US- 1). Mr. Basu asked if the proposed change is consistent with the city's Comprehensive Development Master Plan (CDMP), of which Mr. Corradino stated yes. Mr. Carreras stated that the city is trying to change the Land Development Code in order to insert additional uses to the district. He then suggested changing the zoning for the property to a special area plan such as a Planned Unit Development -Mixed Use (PUD-M). He then suggested that the city is trying to change the Code to fit the parcel instead of changing the parcel to fit the project or vision that the City has. Mr. Held stated that the proposed change brings the TODD district into compliance with the Comprehensive Plan. He stated that currently, the TODD-PI district does not allow for some uses that are currently allowed in the other TODD districts. By making this change, the TODD-PI district would be brought into compliance with the other TODD Districts in the area. Mr. Basu brought up the issue with the Future Land Use Map where a portion of the city hall property is listed as "Parks and Open Space." Mr. Held stated that the discrepancy with the map is a separate issue that isn't being addressed at this time. Mrs. Fischer asked if this is the first time that the TODD district was changed. Mr. Corradino stated that he would have to do research to see. Mrs, Fischer responded that she would like to see the results of that research. Mrs. Fischer asked if this change would be applied only to the city hall property or would it apply to all properties within the TODD district. Mr. Corradino stated that the proposed changes would only be applied to the TODD-PI zoning district. Mr. Pepe stated that ordinance creating the TODD district was initially enacted in 1997, and was amended only once in 1999. Mrs. Fischer stated that she has issues with the proposed ordinance. She stated that the primary purpose of this ordinance is to facilitate the creation of a Public Private Partnership (P3) which is very controversial in the city at this time. The city does not have consensus with the citizens yet. She then stated that she doesn't think the citizens have been informed as to what is going on as far as proposing a P3. She then stated that the concept of city hall being taken over by a P3 should be placed on the ballot in the upcoming election in February. Mrs. Fischer stated that the city has a large issue with concurrency, there is a deficit. This ordinance is geared towards increasing density. The city may be deficient in other areas as well. The deficit should be addressed prior to discussing this ordinance. Mrs. Fischer read the following from Section 20-8.3(C)(d) of the proposed ordinance: " ... unless the city commission determines by special exception that the development regulations in the TODD sub-category from which a permitted use was adopted should also apply to that adopted use." She stated that this clause opens the door to future issues. 3 Last, Mrs. Fischer stated that she was against bonuses for development that do not benefit the public. Mr. Corradino rebutted that there currently are no proposed development for the site at this time. Ms. Glavey asked if the civic use is intended to remain as part TODD rules, of which Mr. Corradino stated yes. Mr. Held added that all of the existing uses will remain, this ordinance is only adding to the list of uses. Last, Mr. Held reminded the Board that there currently is no development project up for review at this time. Mrs. Fischer reiterated that the city has a deficiency in concurrency. She then stated that this ordinance will give projects the ability to increase their density. Mr. Corradino rebutted that concurrency can only be measured when there is a project up for review. There is no connection between the proposed land use amendment and density. Mr. Greiner stated that this is an excellent opportunity to bring the city's TODD into the 21" century. The benefit of this type of change would take cars off of the road thereby improving air quality and encourages walkability. Also, giving individuals the opportunity to live near a mass transit system. With a reduction in vehicles on the road, the possibility of lower parking space restrictions could be a possibility for projects/businesses that are within the TODD. The Chairperson opened the floor to public comments on the item. Name Yvonne Beckman Mrs. Beckman addressed the Board. Address 5871 5W 83 Street Support/Oppose Oppose She stated that she is opposed to the proposed changes to the TODD-PI district. The Chairperson closed the floor to public comments on the item. Motion: Mr. Greiner moved to approve the application as written while taking note of the Boards comments. Mr. Basu seconded the motion. Vote: Yes 4, No 1 (Fischer) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Mrs. Fischer: No Mr. Carreras: Yes VI. Public Comments/New Business: Mr. Basu discussed the format of the meeting minutes. He stated that the minutes are only a record of the action taken by the Board. If someone wants to find out about the discussion for an item, the 4 recording is available online and he/she can request a copy from the clerk's office. The issue with having a shortened version of a transcript is that something is always left out, causing portions of a discussion to be taken out of context. He closed by stating that the minutes should only be the motion for an item, the vote, and any public comments. Mr. Williams stated that he is looking into hiring a stenographer for all of the Boards that he manages so that more accurate minutes could be generated. Mr. Basu stated that a stenographer may not be needed for every meeting. Ms. Fischer added that she is curious as to how much staff time goes into creating meeting minutes. Mr. Pepe suggested that one of the Board members be apPointed to draft procedures such as minutes. That way there is a specific procedure for items such as this. Both Ms. Glavey and Mrs. Fischer stated that they have some ideas for by laws for the Board. Mr. Pepe suggested that the proposed by-laws be sent to the Planning Director prior for distribution. Mr. Pepe stated that this Board does not have a vice-chair and nominations should be held at the next meeting. Last Mr. Pepe stated that the Planning Director should obtain a copy of the term limits for Board members. Mr. Greiner reminded staff that they would like a presentation from the County on the Rails to Trails project. VII. Future Meeting Date: A) Tuesday, August 11, 2015 at 7:00 P.M. VIII. Adjournment Motion: Mr. Basu moved to adjourn the meeting at 8:39 P.M. Ms. Glavey seconded the motion. Vote: Yes 5. No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Mrs. Fischer: Yes Mr. Carreras: Yes The meeting adjourned at 8:39 P.M. 5 MIAMI HERALD I MlamlHerald.com SOAPBOX Residents should question proposal to increase density and widen Old Cutler Road Is it true? The supporters of the proposed land use change at Old Cutler Road and Southwest 184th Street that would allow high density, four-story development there say that high density is necessary to accommo- date future population gro'Nthin Cutler Bay. They say we must widen Old Cutler Road. They say that high density development will boost the town's reve- nues from property taxes. But, is any of this true? A simple review of Cut- ler Bay's zoning map shows that the current zoning will accommodate at least 92,000 residents (34,000 dwelling units) in Cutler Bay -almost dou- ble today's population and more than enough to ac- commodate future gro'Nth without any land use or zoning change. Widening Old Cutler Road is foolish and irre- sponsible -any compe- tent traffic engineer will tell you that widening doesn't work. It just results in more traffic. And I can't help but think that the decline in property values of all the homes around this high density development could offset any tax reve- .• ~' ... -.;. nue generated by the de- velopment -maybe even resulting in a net loss in revenues. Let's hope our Town Council is not swayed and dazzled by the developer's empty rhetoric but instead think through all of the negative impacts of this proposed development and then vote to deny the land use change. This is my opinion; what do you think? Tell your elected officials. They were elected to protect your interests, not those of out-of-town corporate developers. -Steve Zarzecki, (utl,"f Bay CITY OF SOUTH MIAMI COURTESY NOTICE :-;OTICE l~ IlEREBY glvcn th~t the CltO' ("ommi'''on of the e,t) ()[So<,th MT~mi. FI,'nd" "'ll c·"ndllc·t l'uhlT" Ilc"nngl') :It its rcguhlr ("ily Cnmm"""n mc~'iTlg .<chcdulcd t"r T,,~,da' ·'uru,' 4 2(11'\ be~mn,ng at 7'110 p.m .. in til<-Cily Cnlllmi""", Chambc'n;. ~11{1 :;unsct Dm". tl' ""nsider the t;)lJ,,"1.H~ Itcm{,1 ( An Ordinance amending the City of South Miami land Development Code, Article VllI, titlev "Transit-Oriented Development Distri(:t," Section 20-8.3(C/ to make corre(:tions and add uses permitted in the other TODD districts to the TODD (PI) Public I ll1stitutional zoning district. An OrdinanC{! creating Section 2-4.9 in Chapter 2. Article I. of the City of South Miami's Code of Ordinances establishing an alternatTve enforcement procedures for ordinances and statutes pursuant 10 Chapter 162, Florida Statutes. An Ordinance amending Chapter 2, Article III, titled BOARDS AND COMMITTEES. Sections 2-24 and 2·25 to accommodate the enforcement of civil citations issued for violation 01 certa"., misdemeanors, to bring the ordinances into (:ompliance with Chapter 162, Florida Statutes. to replace the schedule of fines with reference to C,ty's Schedule of Fees and Fines and to otherwise update and clarify these Sections arJd prov'd", a mechanism for the enforcement of all ordinances. .. ,I. L int~r~,wd pJrt,c, .'I"C in"ltc,1 Tn 3ttcnd ~nd WJII ~c hc.1rd Iw further mf!mnatl<'n. rlc'a"" "nnlil,t the Cay Clerk\ Office "I' ,tl5-1,r.,-r.J40 :Ybria M :.1.'11."11d"L. 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An Ordinance creating Section 2-4.9 in Chapter 2,Article I,of t the City of South Miami's Code of Ordinances establishing an alternative enforcement procedures for 6Mihances andstatutes pursuantto Chapter 162,Florida Statutes. An Ordinance amending Chapter 2,Article III,titled BOARDS AND COMMITTEES,Sections 2-24 arid 2»2$to accommojdate the enforcement of civil citations issued for violation of certain misdemeanors,io bring the ordinances into compliance with Chapter 162,Florida Statutes,to replace the.schedule ofTines With reference to City's Schedule of Fees and Fines and to otherwise update arid clarity these Sections and provide a mechanism for the enforcement ofall ordinances, ALL interested parties are invitea'to attend andwHIberreard. j^furthenhforma^ 305-663-6M&:_——*- Maria M.Menendez,CMC Pursuant tcr Florida Statutes 286,0105,the City hereby advises the public that if a peison decides to appeal any decision made by this Board*Agency or Commission with respejst toanymatterconsidered at. its westing or hearing,heor she will need a record ofthe proceedings, and that for such purposei effected person may need to ensure thata verbatim record ofthe proceedings is made which Vecprd includes the testimony and evidence upon which theappeal ^to b&^aS?^^^M»«7/24 ._^_15-t28/£465553Mj