10THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: The Honorable Mayor and City Commissioners
From: Steven Alexander, City Manager
Date: September 15, 2015 Agenda Item No.: 10
CC Dwayne Williams, Planning Director
SUBJECT:
An Ordinance amending the City of South Miami Land Development Code, Article III, Section 20-
3.3, "Permitted Use Schedule," and other applicable provisions, to increase densities in the
Multi-Family Residential District LRM-18, RM-24 and Specialty Retail SR zoning districts, and to
provide for bonuses for projects containing prescribed percentages of affordable or workforce
housing, and amending Section 20-3.4, Special Use Conditions, to add a new subsection (24)
prescribing conditions for the implementation of the bonus for projects containing affordable
and workforce housing, and to correct a scrivener's error in Section 20-5.8 referring to the
Permitted Use Schedule.
BACKGROUND:
The City desires to foster development that benefits its residents and construction of affordable
and workforce housing is an established goal in the City's Comprehensive Plan. In order to
implement affordable housing projects such as the Madison Square project, it is necessary to
provide for a sufficient level of development in order to qualify for funding opportunities. The
increase of residential development intensities in targeted zoning districts to provide for the
development of sustainable affordable and workforce housing is an appropriate means to
implement these strategies and has been made necessary by the State of Florida's policies to
encourage more provision of affordable housing opportunities by raising the minimum level of
units to be able to qualify for tax credits which in most cases are essential to the funding of
such developments.
The City's Comprehensive Plan, Housing Element, Housing Policy 1.5.2, was established to
encourage affordable housing within the City, and encouraged the granting of a density
increase, which is compatible with surrounding development and site characteristics. To this
end, and by separate action the City Commission will consider increasing the bonus for
affordable, low affordable, and workforce housing to 30%.
Since it is important to provide for oversight in the form of special authorization for the use of
such bonus, we recommend that such oversight be accomplished through the requirement of a
special use authorization, reviewed by both the Planning Board and City Commission, and
considered for approval by the City Commission after public hearing.
ANALYSIS:
The proposed Ordinance amends the Land Development Code, Article III Section 20-3.3
Permitted Use Schedule. The amendment will allow multi-family dwelling as a permitted right
in the existing zoning districts with densities necessary to encourage the creation of additional
workforce and affordable housing (see chart below).
I ZONING DISTRICT
T T T T T L 0 0 0
IUSETYPE R R R R R R R R R M D D D 0 0 p C P
S S S S S T T M M R LM N S G U D D D D D H R P 0 A
1 2 3 4 5 6 9 1 2 0 00 R R R A M M L D D I R N R
8 4 H U U I P P D K
I R
i 4 5 4
!Dwelling rrlrTTll/~~rll-rl~';~ }FI'l~Trrl Hfl Multi-
Family
The proposed amendment to the Permitted Use Schedule will identify the Dwelling Multi-
Family zoning district as "P/S*" in Residential Multi-family (LRM 18 and RM 24) and Specialty
Retail (SR) zoning districts. This modification will allow the land use to remain as a permitted
right, but will match the density recommendations from the proposed revisions of the
Comprehensive Plan.
• LRM-18 zoning district: 18 dwelling units per acre (City wide)
• LRM-18 zoning district: 45 dwelling units per acre (CRA)
• RM-24 zoning district: 24 dwelling units per acre (City wide)
• RM-24 zoning district: 45 dwelling units per acre (CRA)
• SR zoning district: 24 dwelling units per acre (City wide)
• SR zoning district: 45 dwelling units per acre (CRA)
The density bonuses available to the Multi-Family and SR zoning districts by Special Use
application shall meet the provisions of 20-3.4 -Special use conditions, which states that a
special use may be approved and permitted by the City Commission at a public hearing, after a
recommendation by the Planning Board, provided that such use is specifically listed as a
permitted Special Use in the appropriate District column within the Permitted Use Schedule
(Section 20-3.3D), and that such use complies with the following general and special
requirements, and any other conditions that the City Commission may consider appropriate
and necessary.
In the creation of a new subsection 20-3.4 (24) will provide the quantitative language for
Special Use approval for developments providing affordable and workforce housing.
In addition to the above mentioned Special Use modifications, the amendment also corrects
error found in the South Miami Land Development Code Article V, "Procedures and
Applications," Section 20-5.8 Special Use Approval-subsection (A) Use Schedule Reference. by
removing the incorrect reference note, Section 20-3.4E and replaces it with, 20-3.3(D)
Permitted Use Schedule.
STAFF RECOMMENDATION:
This proposed amendment to the City of South Miami's Land Development Code will reflect the
goals identified in the proposed Comprehensive Plan Amendment to the Future Land Use
Categories text for affordable and workforce housing in the Multi-Family Residential (Four
Story) and Mixed Use Commercial/Residential (Four Story) Future Land Use categories. Staff
recommends approval on first reading and subsequent referral to the September 29, 2015
Special Planning Board meeting for review and recommendation in advance of second reading
by the City Commission on October 14.
ATTACHMENTS:
• Ordinance amending the City of South Miami Land Development Code, Article III,
Section 20-3.3, "Permitted Use Schedule
1
2 Ordinance No. ________ ~
3
4 An Ordinance amending the City of South Miami Land Development
5 Code, Article III, Section 20-3.3, "Permitted Use Schedule," and other
6 applicable provisions, to increase densities in the Low Density Multi-
7 Family Residential district RM-18, RM-24 and Specialty Retail SR
8 zoning districts, and to provide for bonuses for projects containing
9 proscribed percentages of affordable or workforce housing, and
10 amending Section 20-3.4, Special Use Conditions, to add a new
11 subsection (24) prescribing conditions for the implementation of the
12 bonus for projects containing affordable and workforce housing, and to
13 correct a scrivener's error in Section 20-5.8 referring to the Permitted Use
14 Schedule.
15
16 WHEREAS, the City desires to foster development that benefits its residents;
17 and
18
19 WHEREAS, construction of affordable and workforce housing is a goal in
20 the City's Comprehensive Plan; and
21
22 WHEREAS, in order to implement affordable housing projects it is necessary
23 to provide for a sufficient level of development in order to qualifY for funding
24 opportunities; and
25
26 WHEREAS, the increase of residential development intensities in targeted
27 zoning districts to provide for the development of sustainable affordable and
28 workforce housing is an appropriate means to implement these strategies; and
29
30 WHEREAS, the Comprehensive Plan, Housing Element, Housing Policy
31 1.5.2, provides: "In consideration of a developer's provision of affordable housing,
32 the City shall consider granting a density increase proportional to the number of units
33 provided but not exceeding a 20% increase, to the extent that such an increase is
34 compatible with surrounding development and site characteristics;" and
35
36 WHEREAS, by separate action the City Commission will consider increasing
37 the bonus for affordable and workforce housing to 30%; and
38
39 WHEREAS, it is important to provide for oversight in the use of such bonus,
40 and the Administration recommends that such oversight be accomplished through the
41 requirement of a special use permit, reviewed by both the Planning Board and City
42 Commission, and considered for approval by the City Commission after public
43 hearing; and
44
45 WHEREAS, a scrivener's error has been found in the Land Development
46 Code in its reference to the Schedule of Uses, which error is corrected via this
1 amendment; and
2
3 WHEREAS, the City Commission desire to implement the above through the
4 adoption of this Ordinance.
S
6 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
7 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
8
9 Section 1. South Miami Land Development Code Article III, "Zoning
10 Regulations," Section 20-3.3(D), "Permitted Use Schedule," is hereby amended to
11 read as follows:
12 SECTION 20-3.3(D)
13 PERMITTED USE SCHEDULE
! P = PERMITTED BY RIGHT !
S = PERMITTED AS SPECIAL USE
COND = SPECIAL USE CONDITIONS (See Section 20-3.4
PARK = PARKING REQUIREMENTS (See Section 20-4.4(B»
i X = No conditions were adopted
14
ZONING DISTRICT
T T
TT T
I
0 0
°0 M 0 P D D C
I RR R R RR R L R DD D 0 I USE TYPE R M R L M N . S au D D P P A
S'S S S ST TM DD H R
I 1 2 0 0 0 R R RA D I R N R
1 2 3 4 5 6 9 8 4
M M D H L P P K
U U
I I ! R I 4 5 4
PLANNED
UNIT
DEVELOP S S S S S S S S S S S S S S S S S 8 MENT
RESIDENT i IAL USES
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
I Boardinghou !
! P P P P P P P se
Dwelling, 1 Single-P P P P PP P P P S 7 1
Family
I
Dwelling, P P P P P P 3
i Tourist
,
Dwelling, 1
! Townhouse PP P P S P P P P P 7 2
, Dwelling,
I P P P S . P 1 1 ! Two-Family 7
l Dwelling, PL PL Pi 1 Multi-S* S* S S* P P P P 7 3
Family
!
*Increases in density to encourage providing affordable and workforce housing units
in these multi-family residential districts may be provided by special use approval as
provided and as dermed in Section 20-3,4(24). This increase over the designated units
per acre includes the density bonuses for affordable and/or workforce housing
provided in the Comprehensive Plan, HOU Policy 1.5.2.
Section 2. South Miami Land Development Code Article III, "Zoning
Regulations," Section 20-3,4, "Special use conditions," is hereby amended to read as
follows:
20-3,4 -Special use conditions.
Any of the following special uses may be approved and permitted by the city
commission at a public hearing, after a recommendation by the planning board,
provided that such use is specifically listed as a permitted special use in the
appropriate district column in the Permitted Use Schedule (Section 20-3.3D), and that
such use complies with the following general and special requirements and any other
conditions that the city commission may consider appropriate and necessary:
* * *
(24) AFFORDABLE AND WORKFORCE HOUSING: The following requirements
shall be applicable to all projects in the RM-18, RM-24 and SR zoning districts that
permit multi-family residential dwelling units and that seek an increase in residential
dwelling units per acre, in order to provide affordable and/or workforce housing,
where designated as permitted by special use in Section 20-3.3, including increases
that are being sought through the bonus contemplated by Comprehensive Plan, HOU
Policy 1.5.2:
1 (a) The density in units per acre as set forth in the Land Development Code
2 or Comprehensive Plan. whichever is more restrictive. may be increased to a
3 maximum of 10% for the construction of units that are defined as low
4 affordable housing. and/or 10% for construction of units that are defined as
5 affordable housing. and/or 10% for construction of units that are defined as
6 workforce housing. provided that. as to these affordable and/or workforce
7 housing units. the City Commission must grant a Special Use Permit based on
8 the applicable criteria in this Code. and owner must execute and record a
9 declaration of restrictive covenants running with and binding the land to
10 maintain and rent these units to eligible persons for 50 years from the date of
11 the issuance of the certificate of occupancy. if recorded. otherwise from the
12 date ofthe recording of the declaration of restrictive covenants applicable to
13 these units. The definition of low affordable. affordable and workforce
14 housing shall be as defined by Miami-Dade County. Public Housing and
15 Community Development Department or its successor. as of the date of the
16 application for Special Use approval. The definition of the different types of
17 housing shall equate to the following. as may be revised from time to time. by
18 Miami-Dade County. Public Housing and Community Development
19 Department or jts Sllccessor:
20
21 i) households earning in excess of 80% but not exceeding 120% of the
22 area median income for Miami-Dade County (AMI) (Workforce housing);
23 ii) households earning 50% or more but not exceeding 80% of the AMI
24 (Affordable housing); and
25 iii) households earning less than 50% of the AMI (Low Affordable
26 housing).
27
28 All fractional calculations will be rounded up to provide more affordable and/or
29 workforce housing units.
30
31 (b) Applicants must demonstrate that the proposed increase can be accommodated
32 within the scope of the project and is compatible with surrounding properties.
33 (c) There is no entitlement to the maximum density and applicants must justifY
34 any density increase above that which is permitted as of right in the applicable
35 zoning district.
36 (d) Applicants must demonstrate that they satisfY all other applicable criteria and
37 requirements for the development of affordable/workforce housing.
38
39 Section 3. South Miami Land Development Code Article V, "Procedures and
40 Applications," Section 20-5.8, "Special use approvals," is hereby amended to read as
41 follows:
42
43 20-5.8 -Special use approvals.
44 (A) Use Schedule Reference. A special use may be granted for any use indicated
45 in the Permitted Use Schedule (Section 20 3AB 20-3.3(D)) with an "S"
46 designation in the appropriate district column.
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
* * *
Section 4. Codification. The provisions of this ordinance shall become and be
made part of the Land Development Code of the City of South Miami as amended.
Section 5. 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 6. 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 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 20_
Rev.' 13.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Welsh:
30SE I SUNDAY, SEPTEMBER 6, 201S SE
,----
EDUCATION
Student's social awareness
earns her internship
• LEADER, FROM SSE
stories that you share canin-
fluence that blank slate that
you have just as much," she
said, '''Fabula' means stories
in Latin, and 'rasa' [came]
from John Locka"
Salma's engagement in
her commwrity, her school
and her academic achieve-
ments earned her an eight-
week internship through the
Bank of America Student
Leaders Program.
During the summer, she
interned for the Boys &
Girls Club of Miami-Dade,
where she spoke to and
spent time with children of
all ages, encouraging them
to play sports, read books
and stay active during the
school break.
Salma also received a ful-
ly fmanced trip to Washing-
ton, D,C" on behalf of the
Bank of America Student
Leaders Program, where she
and four fellow interns met
and spoke to some legisla-
tors and had discussions on
what they thought were
some primary issues that
face the country.
"We know that we are in-
vesting in our commwrity's
future and our future lead-
ers [and] their understand-
ing of the issues in our coun-
try and our community, as
well as foster the passion to
become a part of the solu-
tion and try to look for ways
to mitigate those issues,"
said Maria Alonso, 52, who
has been part of the Bank of
America student program
since it began in 2006_
The program receives ap-
plications from about 100
high-performing juniors
and seniors every year,
Being engaged in commu-
nity activities, clubs and as-
sociations in school, as well
as good leadership skills and
good report cards, are
among the things taken into
account when selecting the
five students.
"The quality of students
that we see coming through
the program year after year
just keeps getting better and
better," Alonso saieL
MiamiHerafd.com I MIAMI HERALD
NOTKE IS IIEREB\' g;,..,n that tho City CLlmmi .. iOll ~flh" Cil}' ofSau,h M;'",i. florid, will co"duct Pubhc H"riog(') ,,' it'; ~bt City
("",nmmioo mO<ting",h""uled fWTn •• dHl Srpkmlzrr '5 ?O!~ begittnn,gnt ~:(>(Ip.m .. in the (~1} l'omntj,,;on l'h"mbo~ 613!1 S."".I Dri"", 10
<'""id.rllte!;,""...;~it • .n('1
11." OTdinanoe ,.,c.ting and ,"""doning 1.7~7.,9n 'quo,e re", of the IInimprnvoo rigbt-of_Ml)' prniian ofSW 44" Strttt .",1 SW 64'·
A,,,,,u". Folio N<>.OQ·.mZ4-030_11 m. arnl'" quit dnin. the (~ty·. int.",., to 'he ahLllling f'IT'lIrny "",,,.,,,
An Or.Jirum« AJopling '1 he tHy ~rSouthMi"",i 2nl5 'l""'-!unon""""'" '" Iho ("""",rcl!<I]"iy~ PI." fo""" L.nd U,;e And Hous;ng
E!.""'J~'. And Aulh.m,ing Tran.mtttal [g rh. florida Department OfE""nOlmc 0l'l'<>r1umly and R,,·ie ... Agende"
(
An Onlin."co amOllding Ihe Cit)' ofSo~'h Miami Land 1k,.loplDOIll Cudo.Artick I1~ S.cti~n :ro_D, "P=in,d (J,. S<b..--du1e.~ ill
<lib,.,."". plio.ble PT""i.ion,., to ino= d'''''', ',ie, in !Ito Low D~<~ M."lti-f.mil)' R .• 'idominl Di, ".net RM-1S, and SP""ial,tY ReI.it
SR 7.oning di,lrlclJl, .nd to proVlde forh""".e, for project. eOnl"",in~ J'I"'Orlbed p=ntOj,"" of aJTordolllo or workf",,,,, housing, ond
"",",!!lin.!): ~-tion 2U_3.4. $1"'0;'1 U,o Coodmon" to .dd • """ .. I>l;ect>an (24) p,.,=bmg <:<Ind,ri"", for tho tml,lorno"taMn "fthe
hmu, forprnJOCl. eontmmng .1l""'""le"no] ~"",kr",,,e h".,.;"g, ""d to e""",,, a =, .... ..-~ crrnr In SecliOll 21l.5,~ "'fming to lb.
l'enniHed U .. Sc1u:dulc
"n Ordinom:e .m""ding the City t>f Snttth Miami Land Development Code. Article IV, "Other R.g"tOlion,." Sec,ion :!O-4_4.
"Off-"""", I"'Ikin1l =luu.m"flts.-Sub.octi"" (B). "SI"''''' Requ;""""",,," to .,IDIe "ew ",b"".;n<m 1'B)(l7),~' o:;to.bIW" t"'ised
parking "'lui""""", for prnJOI:!< oon,oining offord,ble ar w"r'kf",,,,, bomin!, un~, mooting ,),,-,,;fml onl.,.;" ond located ",lnin a
«'WI! di>I",,"" frmn I1u: Mel",,,,il Trnn>11 Stat,,'n.
An Ordit"",,,,,, Adopting. Small Sc.!e Amendmoml to tho Future Land II"" Map O£1\,., Comprel..".,n,·e Plon, omondmg ,ho do<ign.non
of tho ~hall Willimn,on prnpert,' l~<:fficl at "l'Ptmirnatel), SW 51" Co~rt ""d SW M~Torrno •. [rom S;ngl, Fornii)' Rosidont;al-
110.0 ~'tory to ~1"1!ir!lmily R"'idontml _ Four Story.
lin Omitmnc. amending the Ornoiol 7.cning Mop" rrmid<d in the Cityo! South M,:uni Land D ... lopment Cod •. llrticl.lIl. "Zon;n~
Regu"'ri ..... ~ Secfio" 21~-:U(C). and other 'f1!1li""bl. ptmi';on:;, :n"c"dillg the do>ignatiOJl of !be M-rshall Will;"rn,nn p"'p.rty 1,""'00 m GPI"""inmtely SW 51' Court flud SIIi M~ Terr""". r",m Smnn Lot Single.Fomily Ro.ideutinl Pistriot R~-4 to L",,' D"",,\)
MI!lti_Family R",-idontiol Oistd01 RlI-I-la
An Ordinanco Adol~ing, Sn .. n &ale Amendment to th. Fnror. Lond U.o Mar oftho Compre"eusi'" Plan, amondrng tho do<il)1\.ltOn
<>fth" Sylva Martin BoiWmg ond a p>rking lot "" the City 11311 property I""a"'d "' 6llU Sun,'" Orl"" from Parks and Open Sp""" to
liun';t Orionted ])c.olopmcnt Pi;!n'" (TOO])),
An Or<Iin'n.,..,\doptin~;m Amendment t~ til. fnture I.omd U,. l<l"p "fthe ('ompreh"",i,-. P"",-"""",ding th •• re,' including the
Underline lim",' palk l"""ted \II"",, ,ho" Md",rait tn do.,ign'rc it '" Parks ,nd Open Sp"co. and ."<ltWIZ;ng Tr.<ru;mi""l to TIt. Florida
D"P"rlm"nt "[[,<;<>n,,mio Ol'l"'lluniTy m>iI R"'io,,' Al"'IIcios,
ALL ;"t""",tOO parti"" arc invited 10 aHom! and -will be h...-.l
fa, furthorinli>rm.Tion, pi"",, Nn"c11h< City CJedc~ Office 01: _WS-66.'_634(1.
Mori" M. Mcncnde7_ CMC
CityC\erk
PunUOIlt to Florida Statute. 286.0105.1ho City Itereb), ,dvi"" the r~blio til;" ir. porson ~ed""" to "weal any decision made by tlri, Boa,d. Agc'ltey
or CommISsion with ",,,,,,otto ony m"tter ",,,,,,,dercd 3t it, m .. ting or b""ring. he or ,be "ill need 0 recmd of'he pr""""uin&", ;mu truot for """h
purpo,o. a([ected p..--son rn:l)' II<:Cd to ""' .... th.t a "orbatim ",cerd oftb. p",e""dltlg, i, maW: "hkh record inch>dcs th. te>timuny ""d o.id""""
i1 .................................................................... II~1 ;' "i,. .. "."'.·~.'~ii·i .. ~·i"i"·i'i"""iIi'~~~~~~~~~1I1I1I1I1I1I1I1I1I1I1I1I1IIIIIIIII! ~ ~ i
~
Recreation, restaU/'i;mts, sp;;;s. events
ALL the stuff you ioVE', af! local
DeaISaver.com/
Miami
Best local deals
opto
900/0 Off
daily in your inbox!
Biamiifleralb
MIAMIHERALD.COM
"
MIAMI DAILY BUSINESS REVIEW
Publishold Daily excepl Saturday, Sunday and
Lagal Hc~days
MIami, Miami-Dade eolO"l1y, Florid.
STATEPF Fl.ORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned allihorily personally appeared
O.V. FERBEYRE, who on oath says that he Of she is the
VICE PRESIDENT, Legal Notices 01 \he Miami Dally BusIness
Review Ilkla Miami Revlaw, a daily (except Saturday, SUOOay
and Legal Horrdays) newspaper, published at Miami in Miami-Dade
County; Florida; that the allached copy of advertisement,
beIng a Legal Advertisement of NOlice in the mailer 01
CITY OF SOUTH MIAMI
PUBLIC HEARING· SEPTEMBER 15! 2015
in the XXXX Court,
was published in said newspaper in the Issues of
0910412015
Affiant further says that tha said Miami Dally Business
Review is II newspaper published at Miami in said MIami-Dade
Goumy. Flo(rda and l!latlha said newspaper has
heretofore been continuously publlsMd in said Miami-Dade County.
Aorida, each day (except Saturday, Sunday and Legal Holidays)
and has been enlered as second class mai! matter at the post
office in Miami in saki Miami-Dade CoLlllly, Ronda, lor a
period 01 one year next precadlng the lirst publication of·the
attact1ed copy of advertisement; and affiant further says thai he or
she has neither paid nor promised any person, firm or co1"pola1ion
any dlscounl;rebale, commission or refund lorihe purpose
of securing t1Jll'lidverti~ for publication in \tte said
newspapsi
04 i:laY)l/S~BE~
(S~L)
o. V. FERBEYRE personally Imown
"