Ord No 18-15-2225ORDINANCE NO. 18-15-2225
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) Public I Institutional zoning district.
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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, and recommends the adoption
of such an amendment; and
WHEREAS, the City Commission desires to adopt this amendment to
accomplish the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article VIII, titled "Transit-Oriented Development District,"
Section 20-8.3(C)(2)(d), of the Land Development Code, City of South Miami, Florida, is
hereby amended and shall read as follows:
20-8.3 -Creation of TODD subcategories.
(A) For purpose of recognizing the existing patterns of land use, the need to encourage a
logical mix of land uses, and the need to promote a higher density of uses together with
practical development bonus opportunities, the following sub-categories (zones) are
hereby created:
(1) "TODD (MU-4)" Mixed Use 4
(2) "TODD (MU-5)" Mixed Use 5
(3) "TODD (LI-4)" Light Industrial 4
(4) "TODD (PI)" Public I Institutional
(5) TODD (PR) Parks and Recreation
(B) The boundaries of the Transit-Oriented Development District and the sub-categories
shall be indicated on the City's Official Zoning Map and also shown on the Regulating
Plan Graphic, as presented in Section 20-8.17
Page 1 of3
Ord. No. 18-15-2225
(C) Permitted Uses:
(1) There are five use categories within the TODD district: Residential Uses,
Commercial Uses, Light Industrial Uses, Public/Institutional and Parks and Recreation.
(2) The uses permitted in each TODD sub-category shall be as follows:
(a) TODD (MU-4): Residential Uses, Commercial Uses.
(b) TODD (MU-5): Residential Uses, Commercial Uses.
(c) TODD (LI-4): Residential Uses, Commercial Uses, Light Industrial
Uses.
(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 (PU shall otherwise be in accordance with all the other
development regulations of TODD (PI)' 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-5): 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.
enactment.
Effective Date. This ordinance shall become effective upon
PASSED AND ENACTED this ~ day of August ,2015.
'C CLERK
1st Reading ;:; 7 / 7 / 1 5
2nd Reading -8/ 1 8/ 1 5
APPROVED~~ f6J!4~ II
MAYO
2
Ord. No. 18-15-2225
COMMISSION VOTE: 3-2
Mayor Stoddard: Yea
Vice Mayor Harris: Nay
Commissioner Liebman: Yea
Commissioner Edmond: Nay
Commissioner Welsh: Yea
3
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: STEVEN ALEXANDER, CITY MANAGER
FROM: Dwayne Williams, Planning Director
Agenda Item No.: ! DATE: AUGUST 4,2015
SUBJECT:
An Ordinance amending the City of South Miami Land Development Code, Article VIII, titled
"Transit-Oriented Development District," Section 20-8.3{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 20-8.3{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 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 origins of the Transit-Oriented Development
Districts as follows:
nOn 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-Driented Development District {TODD} (Flexible Height up to 8 Stories)-
The Transit Oriented Development District Is Intended to provide for the
development of office uses, o//lce services, o//lce 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 /lexlble 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 hav.e
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 Oty Hall site. This
in tum 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 Oty 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, Govemmental 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 similar to
each of these. Utilities as referenced above and as permitted currently II 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 residentlal 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-categorles 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
TODD -PI (STREET AND AERIAL MAP)
----... ----u -..
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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
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 all lobbyists before engaging in any lobbying activities to
register with the City Qerk and pay an annual fee 0/$500 per Ordinance No. 44-08-1979. This applies to all persons
who are retained (whether paid or not) to represent a business entity or organization to influence "City" action.
"City" action is broadly described to include the ranking and selection of professional consultants, and virtually olf-
legislative, quasi-judicial and administrative action
I. call to Order
Action: Mr. Greiner called the meeting to order at 7:31 P.M.
II. Roll Call
Board Members present constituting a quorum: Mr. Greiner (Chairman), Mr. Basu, Ms. Glavey, Ms.
Fischer, Mr. Carreras.
Board Members abstrit: Dr. Philips.
City staff present: Ms. Shari Kamali (Assistant City Manager), Dwayne Williams (Planning Director),
Joseph Corradino (Planning .. Co(150Itant)
City$biff 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 citv's land use attorney, to the Board.
V. Public Hearings
1. PB·15-OO7
Applicant: City of South Miami
An Ordinance amending the City of South Miami Land Development Code, Article VIII, titled
"Translt-oriented Development District," SedlOn 20-8.3(C)(2)(d) to add uses permitted in the
other TODD districts to the TODD (PI) Publici Institutional zoning district.
Ms. Glavev 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 0 (None)
Mr. Basu: Yes
Ms. Glavev: Yes
Mr. Greiner: Yes
Ms. FisCher: Yes
Mr. carreras: Yes
Mr. WlJliams 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 onlv 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
nnd 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 asa 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 ""as 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 propertiesW.ithin the TODD district. Mr. Corradino stated that the proposed
changesw(Hjld OFl~V be appl~dtQ the TODD-f»1 zoning district.
Mr. Pepe stated that ordinance creating the TODD district was initially enacted in 1997, and
was amended only once io"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-S.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 proj~ct up for review. There is no
connection between the proposed land use amendment and density.
Mr. Greiner stated that this is an excellent opport",nity to bring the city's TODD into the 21st
century. The beneftt 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·SW83S~
Support/Oppose
Oppose
She stated that she is OPP9sed to the proposed changes to the TODD-PI district.
The Chairperson· dosed 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: Ves
Ms. Glavey: Ves
Mr. Greiner: Ves
Mrs. Fischer: No
Mr. Carreras: Ves
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 slated 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 MiamiHerald.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 IB4th Street that
would allow high density,
four-story development
there say that high density
is necessary to accommo-
date future population
growth in 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 growth
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 hy 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 Zarzeckl, Cutler Bay
CITY OF SOUTH MIAMI
COURTESY NOTICE
~TICE Ui HERES"" givt.'D lh:d lbe: rif}' (:onuniJ;. .. ion ofthc Cit) of South Mr.un.L Flmdll '" ill .. "ndlIL1 I)ubli~ Ill:i3rin~'1
al ils n:glllur Ch>' CommiMioo l1h!C1ing ~hcdulcd. fCtr Tgnd,\-, Aqeuil 4, 2UJ~ bq!iMinC :U 7:("1 p.m .• in thto City
l'PlIWlmnull Chamhl.'I'I. fo130 :'iunst:l Dm~ lu &:tlnsiderthc ft)UoaiJl~ ih.'mhJ:
(
An ORiinanee amending the Cny 01 South Miami Land Development Code. Artlc:fe VIII. tiliedY
"Tran.il-Ori.ntad Devefopmenl District; Section 2O-8.3ICI to meke corrections and add u ....
p.rmittod in lhe olherlOOO districts 10 IhelODD IP1I Pub!;. I Institutional zoning di$lriet.
An ORiinance .reating Section 2-4.9 in Chapter 2, Article I. of \he City of Soulh Miami"
Code of OrdinsncH establishing en alternative enforcement procedurH for ordinances end
5latul .. pursuant 10 Chapler 162, Florida Statules.
An Ordinance amending Chapter 2. Article III. titled BOARDS AND COMMITIEES. Sections
2-24 and 2-25 to aceommodate the enforcement of civil citation! issued for yiolation at
certain misdemeanors, to bring the ordlnance5 1nto compliance with Chapter 162. Florida
Statutes, to replace the scheduJe of fines with reference to City's Schedule of Fees and
Fines and to otherwise update and cterify tneue Sections and provide a mEH:hanism fot the
enforcement of all ordinances. •
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h" filnhn-infimnatHID. rh:a:n: cllnt-"=, ItIt: City Ckrk OS Office at: 10~t~-634C'.
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