26THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: STEVEN ALEXANDER, CITY MANAGER
FROM: Dwayne Williams, Planning Director
DATE: November 17, 2015 Agenda Item NO.:~
SUBIECT:
An Ordinance amending the City of South Miami Land Development Code, Article II,
"Definitions," Section 20-2.3, "Definitions," to add definitions for "Variety Retail" and
"Retail Outlet -Off-Price Retail," and Article VII, "Hometown District Overlay
Ordinance," Section 20-7.12, Permitted Uses," to provide that such uses shall not be
permitted in the Hometown District Overlay.
BACKGROUND:
While the qty has a traditional and economically vibrant downtown area known as the
Hometown District, it is has been found that retail establishments that sell mostly or
regularly discounted products including outlet stores, off-price retail, variety stores, etc.
tend to offer substantial discounts on products with value pricing or everyday low prices
that can adversely affect the economic viability and aesthetics of a traditional downtown
commercial area. Even though these types of establishments offer a value and valuable
product to consumers, it is necessary to the economic viability of the City's traditional
downtown to redirect such establishments to other parts of the City.
PLANNING BOARD ACTION:
At the October 13, 2015 public hearing the Planning Board motioned to deny the
ordinance as written to the Commission with a vote of 6 to 0, and a recommendation to
the Commission for the ordinance to permit the land uses as a Special Use regulation. The
boards reasoning for a Special Use regulation was to establish a case by case review as to
compatibility of proposed retail uses.
STAFF RECOMMENDATION:
Staff recommenqs Commission approval of the ordinance as written without the regulatory
inclusion of a special use condition. Variety stores will remain a permitted use in the
General Retail, TODD-MU 4, TODD-MU 5, and TODD-U zoning districts.
ATTACHMENTS:
• Draft Ordi nance
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending the City of South Miami Land Development Code,
4 Article II, "Definitions," Section 20-2.3, "Definitions," to add definitions for
5 "Variety Retail" and "Retail Outlet -Off-Price Retail," and Article VII,
6 "Hometown District Overlay Ordinance," Section 20-7.12, Permitted Uses,"
7 to provide that such uses shall not be permitted in the Hometown District
8 Overlay.
9
10 WHEREAS, the City of South Miami provides in its Land Development Code
11 for the location and distribution of uses throughout the City; and
12
13 WHEREAS, the City has a traditional and economically vibrant downtown area
14 known as the Hometown District that South Miami has been trying to establish and
15 preserve for the benefit of the entire community; and
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17 WHEREAS, retail establishments that sell mostly or regularly discounted
18 products, including outlet stores, off-price retail, variety stores, close-out retailers, single
19 price retailers or dollar stores, discount retailers, and discount stores, which offer
20 substantial discounts on products, with value pricing or everyday low prices, can
21 adversely affect the economic viability and aesthetics of a traditional downtown
22 commercial area; and
23
24 WHEREAS, while such establishments offer a value and valuable product to
25 consumers, it is necessary to the economic viability of the City's traditional downtown to
26 redirect such establishments to other parts of the City; and
27
28 WHEREAS, the Administration has reviewed the feasibility and effect of
29 limiting the areas within the City that such retailers can locate and fmds that such
30 establishments will have many opportunities to locate throughout the City, while
31 excluding them from and thereby preserving the economic viability of the traditional
32 downtown commercial Hometown District; and
33
34 WHEREAS, the intent of the action proposed does not arise from anticompetitive
35 motives, but from a desire to preserve the economic viability of the successful efforts at
36 restoring and maintaining the City's traditional downtown commercial Hometown
37 District; and
38
39 WHEREAS, the City Commission desires to adopt this amendment to
40 accomplish the above objectives.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
44
45 Section 1. The South Miami Land Development Code, Article II, "Definitions,"
46 Section 20-2.3, "Definitions," is hereby amended and shall read as follows:
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* *
Retail Outlet -Off-Price Retail. Shall mean a retail outlet store that regularly sells
over produced or irregular merchandise. including but not limited to household and
clothing goods. directly to the consumer at prices that are generally lower than the
regular everyday retail prices of department and specialty stores. The store
merchandise is generally purchased by the store from a wholesaler. or the store can be
owned by the manufacturer for the purposes of selling over-produced or irregular
merchandise at discount prices. This category may include but is not limited to outlet
stores. close-out retailers. discount stores. dollar store. or value shop. with products at
substantial discounts. value pricing. or everyday low prices.
* *
Variety Retail. Shall mean a retail store that sells a wide range of inexpensive
household and clothing goods. Varlety stores often have product lines including food
and drink. personal hygiene products. small home and garden tools. office supolies.
decorations. electronics. garden plants. toys. pet supplies. remaindered books.
recorded media. and motor and bike consumables. Larger stores may sell frozen foods
and fresh Produce. A variety store may sell all goods at a single price. in which case
it may be called a price-point retailer. This category may include but is not limited to
outlet stores. close-out retailers. discount stores. doilar store. or value shop. with
products at substantial discounts, value pricing. or everyday low prices.
* * *
Section 2. The South Miami Land Development Code, Article VII, "Hometown
District Overlay Ordinance," Section 20-7.12, Permitted Uses," is hereby amended and
shall read as foilows:
20-7.12 -Permitted uses.
The uses below are applicable to both new and existing buildings in the Hometown
District:
r
A. Storefront Uses
* * *
Variety Stere 399 SF
1
-·-····-··-···-·-·-·----·-·-··-··-···--·-·-····-·-·-._ .. --)-..... -. .-.-.-.... -._._ ..... _.-.-.-.. -.. -.. -...... _.-.. _ .. _ ... --._ .. .
* * >I<
-' ---.. ------.---~-,~--.-----.-~,-,-.-----•... ---.~--.--~---.--.~.--,-.---------
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1,'--""-"-'-'--'-'--------'----'--'-'-'-"1-----'-'-, .. ,----,-,--,--------'-----'-,-,--
: B. Office Uses ,
~--~.~-----,.-----.---.-.----.-.--~.--.---.~------> .. ------.-.----.-,~---.---.--
, * * *
r---'---"---'----"'-'------'----------------''''''--,-'-------"--,---"-,--,--,-------,---'-'-----"'-
II C. Residential & Lodging Uses
L __ , --,----,-
I * * *
2 * * plus I additional parking space required for every 10 units.
3 * Uses marked with an asterisk require a special use permit with city conunission
4 approval. All other uses are permitted of right. Outdoor dining is permitted of
5 right in special pre-approved areas (see Regulating Plan).
6 In addition to the uses above, monumental civic building uses are encouraged in the
7 Hometown District and in particular for certain strategically located sites. Civic building
8 uses shall include, for example: City, county, state, or federal buildings, including library,
9 post office, meeting hall, administrative offices, perfonnance place, police substation,
10 and similar uses.
11 (D) Plarmed Unit Developments, Variety Retail, and Retail Outlet -Off-Price Retail uses
12 shall not be pennitted in the Hometown District.
13 • • •
14 Section 3. Codification. The provisions of this ordinance shall become and
15 be made part of the Code of Ordinances of the City of South Miami as amended.
16
17 Section 4. Severability. If any section, clause, sentence, or phrase of this
18 ordinance is for any reason held invalid or unconstitutional by a court of competent
19 jurisdiction, this holding shall not affect the validity of the remaining portions of this
20 ordinance or the Guidelines adopted hereunder.
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22 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and
23 all sections and parts of sections of ordinances in direct conflict herewith are hereby
24 repealed.
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26 Section 6. Effective Date. This ordinance shall become effective upon
27 enactment.
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29 PASSED AND ENACTED this_day of ,2015.
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31 ATTEST: APPROVED:
32
33 CITY CLERK MAYOR
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1 1 sl Reading
2 2nd Reading
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
10 CITY ATTORNEY
11
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Welsh:
4
'"
MIAMI BEACH
I !Uinlllllkn\l~
CITY OF MIAMI BEACH, FLORIDA
NOTICE OF RUN-OFF ELECTION
NOTICE IS HEREBY GIVEN that a Run·Off Election has bl*!n called by the Mayor and City Commission of the City of Miami Beach, florida,
pursuant to City Resolution 2015·29091, and will be held in the City of Miami Beach from 7:00 a.m. until 7:00 p.m. onTuBsdal', November 17,
2015, forlhe purpose of electing a City Commissioner in Group IV, who shall hold office fortheterm as proVided by law. Atthe November 17,
2015 Run·Off Election, the following shall be submitted to thc duly registered and qualified voters of the City of Miami Beach:
GROUP IV -COMMISSIONER
(Vote for One)
Kristen Rosen Gonzalez 44
Betsy Perez 47
Miami-Dade County election officials shall conduct the Run-off Election hereby called, with acceptance of the certification of the tesulls of
the eleclion to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the Cfly of
Miilmi Beach as soon as the ballots from all precincts have been tabUlated.
The voting precincts in the Cityforthe Run-Off Eleatlon shall be as established by the Miami-Dade County election officials. On Electlon Day,
all electors shall vote at the voting location and the voting precincts In which the official registration books show that the elc~ors residl::.
All questions concerning voting location and voting precincts should be directed to the Miami·Dade County Elections Departm!lnt,
2700 NW 87 AVenLJe, Doral, Florida 33172:Telephgne: 305.499.vOTE (E683) orTTY: 305.499.8480.
Registration of persons desiring \0 vote in the Run·OffEJection shall be in accordance with the gencrilililw ofthe State of Florida goveming
voter regi$l"ration. Qualified persons may obtain registration forms to vote at the Office ot the City Clerk, City Hall, 1700 Convention Center
Drive, First Floor, Miami Beach, Florida, 33139, during normal business hours, and at such other voter registration centers and during such
times as may be provided by the Suparvisor of Elections of Miami·Dade County. The voter registration deadline for Ihe Run-Off Election
was Monday, October 19, 2015. All persons eligible to vote at the Elections must bll registered before the date set forth herein or have
registered previously, as provided by lew. Each person desiring to become a registered voter shall be responsible for properly filling oul
the registration form and returning it to the Miami-Dade County Elections Dapartment. All questions concerning voter registration shOUld
ba directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172;Telephone: 305.499.vOTE (B683) or
TTY: 305.499.8480.
Absentee voters participating in the Run-Off Election shall be entitled to cast their ballots in accordance with the provisions of the Laws
of the State of Florlda with respect to absentee voting. The deadline to request an absentee ballot from tha Miami-Dada County Elections
Department for the Run·Off Election is 5:00 p.m., Wednesday, November 11, 2015. All questions concerning absentee ballots should be
directed to the Miami-Dada County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172;Telephone: S05.499.VOTE (B683) or
TTY: 305.499.B480.
The Run-Off Election will be condu~ed in accordance with the applicable provisions of the Florida Statutes Bl'ld the Charter and
Code of the City of Miami Beach, Florida. A copy of Resolutiot1 2015-29091 is available at the Office of the City Clerk and online al:
Ad No. 1(166
I:.
CITY OF SOUTH MIAMI
COURTESY NOTICE
Rafael E. Granado, City Clerk
City of Miami Baach, Florida
NOTICE IS HEREBY give.n Inat the Cily Commission of!ll~ City of Soutll Miomi. Florida wlll "ondu~t Public He~ring(s) at its regular City Connuission m~\ins
scnedulcd forThesday. November 17.2015 beginning 317:00 p.m., in the Cil)'Commission Chambers. 6130 SUlIscrDrive, to con.o;ider!he followingitem(s);
A R~solution lI1llhori2ing the City Manag.er to negotiale and euter inlo a Imoo"yeI\r agreement with"" (IJltion to rellew for 0 m.ooumlll of five collooClltive
years, with Southern Carpel C~ Inc. DDA Elile Maintenance & M:m~gem~nl Co. for jun;tol'ial selvices i\S l"Cqu~d by the City.
A Re~olutiO!l fur special use approval to permit a geuet"ill rcstaUrB1\I nt 5801 Sunset Ddve.
A Resolution. nUlhoriziug the City Manager to enler inlo an agreement wi~, Granlcus. Inc., through n City of Dehay Beach piggyback agreement..
RFP 1120\5-21. tocnabJe tiulimbli. 10 ~;ew public meetings.
A Resolution authorizing the Cily M.ll'aer to enter inlo a Ihrtt-~ear ayrtelTllffil "'lth an oplion 10 rern:wwllh Tom 1'1:51 MAn_gemenl forG=n Pe~ $crvicllS.
A ReSOlution RUlhoriring the Cily Mallager 10 culer inll,l n !br~-J'.'IIr all"'emenl ,...-jtIl 811 option 10 renew with ARCO EI""ttonit;S fur IhI: M.inICl1"nce ant!
Monitoring uf Ibe F;m Alarm System at dIe Gibson_Bethel Conlmunity Ctnter.
A Resolution authorizing the City Man.ger 10 enlct inlo a thw.. .. year agrecm~nt with an oplion 10 roleW with Soulhern Waste Sy"""'s for Ihe remoVll) and
disposal ofnnn_hamrdou$ _,I<>.
A ReSOlution lor "pce;"1 me II[lproV;lj to penni! a gCllcrnl re.1aurar.t at 5S40 SW 7J~1 Streel (COIumeldtdSpllcc-A)
A Rc'nlution for ijNicialllllc IIflptovlll to permil 0 general n:sl~ur~ut ~t 5S40 SW 7h1 Streel (CommerdIllSpace-l3l.
A Re'!n)ution ~pproving a ,poclal c~cepti<ln waiving slnel compliance with \he pnwi.ions of the Hometown Di,hid Ov..'rloyp.oong req\liTcment~, ror ,I
general restaurnn\!; >t! 5840 SW 71 Slreol (Commercial Space -Al.
A ResOlution appro\;ng a I¥cial e,xCl."ption wai"ing Sind cOlllplianee with Ihu pro,';[;iong of the HoItlUIOwn IlLmict Om:laypotlcing roquircm.uts, for a
J!Ilnc-m.l ro.1auronlS >t! 5840 SW 71 Streel (Commercial Space-al.
A RosoJulion approving R spI>Ilial exooption 10 c:onSlTUct R 5 IItOI:)' Lm:ge Sc~le ~vclupmcol al 6201 SUIISer Drive wilhin Ibe Tramit Orienlcd Devclupment
Di.<trict Mbwd U~c-5 "JUDD MU-S'zonin& di~lri~L
A ReroluliOlt approvinSlllc consttueliOIl more Illan two sioties on \lie MadisOtI Square' sile for Ihe MadisQn SqUllrc affordable hOllsiliS l'roj<:elpu .. uant to
S~Clioo 20-:;.5(D)(I) and oUI~r IlJIPJic:able provision~ oflhe Cily'a Land Developmenl Code.
An OrdinDn~c ~lotillg 'I' tile ycal2016 GClleral alld S[l<lCial Election (If the Mayo! and City Coniioissiotlel~ furOroups, IJ and J/l: scheduling Ibe day, place
~nd lime of 11m elecliollatlledulillg Ihe day, pla<:e and lillle of C(lrl~ voting; provjding for qualificatinn of candid~lcs; ptO"ldiltg fur clooe nf election bnoks;
"I'provinll tile offICial ballol; pro"iding for notificatinn.
All Ordinance relatiug to the Cily's20\5 f~'lC31 year: amending Ihc budget Intl!ke into stCOMI ~n in"","-,cin th" Delil Sc,,,i<:e I'uru:lAppmprialeaAmouTIl.
All Ordinance Adoptinll 'llie City of Soutll Miami 20lS Text Amcndmcm, to UIC COltlp,cheu,ive Plan Future I..aIld Usc And Uow;ing Elcmeuts, And
Aulhorizing Tron,mi!!al To The I'lotida Departmenl OfEconomit Opporlunity 81ld Review Agencies.
All OrdinaliCC amending Ule City of Sonlll Miami Land De\"doplIlI'nl Code, Arlicle VUJ nallsil Orienloo Developmenl Di,tric!, '"!k'linitiolls,"
Section 20-8.2, "Definitinns;' to amend vertical 8mI:)' Ooorhcighllllaximum.
All Ordinance Adopting a Snlllll Sr:alc Aroondment 10 the fulwe Land Use M~p of the C'omjl"cbm";vc PI.n, amending the ,",signatjon or Ute Sylva Martio
Building md 11 parklng lot 00 the City BoU property located at 613U Sunset Drive from l'Drks and Open Spm 10 Tran&i! Olh:nloo Deve\0pOJeJlI District (TODD).
lui Ordinance 8OIe!1ding Ille Official Zoning Map as provided in UJe City of SOUUI Miomi L:md DevelOpmenl Code. Artiele Ill. "Zenins Rcgulotioos:'
S=cUon 2O-3.I(C}, and otht"{ applicable pro"isions to apply a Historic Presl'rnltioo O.-.:rlay (1-Il'-OVj upon nll' hisloric Syh'll MlI11in Buildiug nod mllll
parol! only locatod at apprwdtnote\y G I~Q Sunset Drive.
(
An Ordinance ml1ewiing the City of South Miami Land Development Code, Article 11, "Definitions." Section 20-2.3, "Definitions," to add defuriliOIlS)
for ''Variety lU:ta.il"' and "RcUliI OuOct -Off_Price lW1ail," ~od Arride VII, "Homctowli Districi OverlrIY Ordin.,nce," S=cliOlI 20-7.12, ~rmiHed Uses."'
to provide thalliuch rues sh:illllo\ be permitted in the Uomolowli District Oveday.
ALL inter~~led parties are im'ited 10 nttend nnd will be heard. .
For further imnmlation. pleasc contactlhe City OMk's Office at: 305-(i63-6340.
Maria M. Menendez, CMC
CilyClerk
P"",,"n'''' Plurid. St .. U1OS 2g6.010S, 'h. Cily hen.-h)' wi .. , ill" JIIIhlio tb.1 if. ",,",00 ",cidoslD __ I ~ .k-ci';,," '""~" by ihi, 8oorrl.A!l"""Y <>rCfIl"",i,,",n wi~, ""J>Od "'MY !ruin", "" .. ; ... rOO
,,~. mo<rinl: '" hoari"l<, he "tOIl •• wiU nooda,....,nI .flb. pro«-edin;;<, MId 1h.,ilIr>1ltb purpo ... .n;,cn,d P:""'" nmy "eed ., "'",,'" th" 0 vOTllotUn """mI mil>\: (I!<'ce,din~. is moll< v-"hi<hn""nl
i""lude, tho I'-'Iknoll)' .,,0 ~'Vj.J.o .. '''''''' wbkl, ihe 'pl".1 ;, '" 1» t.. .. d