12CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: STEVEN ALEXANDER, CITY MANAGER
DATE: November 17, 2015 Agenda Item NO.:ll.
FROM: Dwayne Williams, Planning Director
SUBIECT:
An Ordinance amending the City of South Miami Land Development Code, Article II,
"Definitions," Sect,ion 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 City 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 TODO-U zoning districts.
A IT ACHMENTS:
• Draft Ordi nance
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ORDINANCE NO. _____ ---,_
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.
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 tr:;tditional 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 price~, can
21 adversely affect the economic viability and aesthetics of a traditional downtown
22 commercial area; and
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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
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28 WHEREAS, the Administration has reviewed the feasibility and effect of
29 limiting the areas within the City that such retailers can locate and finds 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
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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
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39 WHEREAS, the City Commission desires to adopt this amendment to
40 accomplish the above objectives.
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42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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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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3 Retail Outlet -Off-Price Retail. Shall mean a retail outlet store that regularly sells
4 over produced or irregular merchandise, including but not limited to household and
5 clothing goods, directly to the consumer at prices that are generally lower than the
6 regular everyday retail prices of department and specialty stores. The store
7 merchandise is generally purchased by the store from a wholesaler, or the store can be
8 owned by the manufacturer for the purposes of selling over-produced or irregular
9 merchandise at discount prices. This category may include but is not limited to outlet
10 stores, close-out retailers, discount stores, dollar store, or value shop, with products at
II substantial discounts, value pricing, or everyday low prices.
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15 Varietv Retail. Shall mean a retail store that sells a wide range of inexpensive
16 household and clothing goods. Variety stores often have product lines including food
17 and drink, personal hygiene products, small home and garden tools, office supplies,
18 decorations, electronics, garden plants, toys, pet supplies, remaindered books,
19 recorded media, and motor and bike consumables. Larger stores may sell frozen foods
20 and fresh produce. A variety store may sell all goods at a single price, in which case
21 it may be called a price-point retailer. This category may include but is not limited to
22 outlet stores, close-out retailers, discount stores, dollar store, or value shop, with
23 products at substantial discounts, value pricing, or everyday low prices.
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27 Section 2. The South Miami Land Development Code, Article VII, "Hometown
28 District Overlay Ordinance," Section 20-7.12, Permitted Uses," is hereby amended and
29 shall read as follows:
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31 20-7.12 -Permitted uses.
32 The uses below are applicable to both new and existing buildings in the Hometown
33 District:
USE TYPE: Unadjusted Parking Requirements:
1 parking space required per:
A. Storefront Uses
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:Vafiety gtsfe 3QQ gF
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B. Office Uses
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I C. Residential & Lodging Uses
,
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2 * * plus 1 additional parking space required for every 10 units.
3 * Uses marked with an asterisk require a special use permit with city commission
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 el(ample: City, county, state, or federal buildings, including library,
9 post office, meeting hall, administrative offices, performance place, police substation,
10 and similar uses.
II (D) Planned Unit Developments, Variety Retail, and Retail Outlet -Off-Price Retail uses
12 shall not be permitted in the Hometown District.
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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.
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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. Applicabilitv. This ordinance is applicable to all applications for
27 permits. certificates of use and occupancy. and business tax receipts. filed after
28 November 17. 2015.
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30 Section 7. Effective Date. This ordinance shall become effective upon
31 enactment.
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33 PASSED AND ENACTED this __ day of _____ , 2015.
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ATTEST:
CITY CLERK
1 st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
14 Commissioner Welsh:
15 CITY ATTORNEY
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17 Rev. 11-24-2015.
18 Language noted by double-underline added at first reading.
4
24SE I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled
for Tuesday, December 1, 2015 beginning at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Dlive, to consider the following item(s):
A Resolution authorizing the City Manager to execute II uotice to proceed with the
solar panel program; Goldin Solar. LLC having provided the best prices for installation
of solar panels for residents and businesses.
A Resolution approving the construction more than two stories on the Madison Square
site for the Madison Square alfordable housing project pun:u~mt to Section 20-3.5(0)
(1) and other applicable provisions ofthe City's Land Development Code.
An Ordinance establishing un electric fmnchise with Florida Power & Light Company
for installation of city street lighting within !he City of South Miami.
An Ordinance lIDlentlingthe City of South Miami Land DevelopmentCode, Article VIll
Transit Oriented Development District, "Definitions," Section 20-8.2. "Definitions,"
to amend vertical story floor height maximum.
. An Ordinance Adopting The City of Sou!h Miami 2015 Text Amendments 10 Ihe
Comprehensive Plan Future Land Use And Housing Elements, And Authorizing
Transmittal To The Florida Department Of Economic Opportunity and Review
Agencies.
(
An Ordinance Adopting a Small Scale Amcndment to the Future Land Use Map of
the Comprehensive PIau, amending the designation of the Sylva Martin Building and
a parking lot (In !he City Hall property located at 613H Snnset Drive from Parks and
Open Space to Transit Oriented Development District (TODD).
An Ordinance amending the Official Zoning Map as provided in the City of South
Miami Llmd Development Code,Article III, "Zoning Regulations," Section 20-3.1(C),
and other applicable provisions to apply a Historic Preservation Overlay (HP-OV)
npon the historic Sylva Marrin Building and front porch only located at approximately
6130 SUnset Drive.
An Ordinance amending the City of South Miami Land Developmcnt Code, ArtiCle)
II, "Definitions," Section 20-2.3, "Definitions," to add definitions for "Variety Retail"
and "Retail Outlet -Off-Price Reti\il," und Article VII, "Hometown District Overlay
Ordinance," Section 2()' 7 .12, Pcrmitted Uses," to provide that such uses shall not be
permitted in the Hometown District Overlay.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
PU'SlUIllt to Flmidn Stamte. 286.01 05. the City hereby advises Ihe puhlic d,al if a person decides to nppeal any·decil<ion
made by Ihis BOllTd, Ageney or COll1mi.,ion willl ""1'eel 10 any molto, considered at ii, mooting (I[ llorning, ho or sho ,,~n
need a recmd nrlho proceedulgs. and thaI ro, sudl purpose. nlTc~lcd J'Cr.lOll m~yllced 10 Il11SurC Ihat" verbatim record or the
pruceedings is tmtl<' which rucnr<l indudes l~e testimony and cvidence upon which the appeal is 10 be has~d.
FROM PAGE 3SE
I SUNDAY NOVEMBER n 2015
MIAMIHERAlD.COM
TAMIAMI TRAIL
on the road, and it may
travel to other parts of Elor-
ida,
"Even though we're
called the Coral Gables
Museum we are not just
focused on Coral Gables,"
he said.
Slough and Everglades
National Park. Ullman said
the next proposal is to con-
struct an additional 5.5
miles to further clear the
blockage. That project is.
expected to break ground in
2016 on Earth Day.
"We still have an opportu-
nity to change things,"
Ullman said. "We don't
know what's going to hap-
pen with the Everglades but
we need to do eveJ.11t:hing
we can."
The museum will host a
panel discussion on the trail
and its future in February
and will continue to bring in
children to tour the exhibit
through the Green City
program.
"We have it up for nine
months, concurrent with the
school year," Parker said.
"Part of our mission is to
bring as many K-12 students
in as we can."
Parker said the exhibit is
also designed to be a show
Lance Dixon: 305-376-3708,
@LDixon 3
.fyou go
• What: Trailblazers: The
Perilous Story of the
Tamiami Trail.
• Where: Coral Gables
Museum, 285 Aragon Ave.,
Coral Gables.
• When: Running through
May 22.
• Cost: Admission is free for
museum members, $7 for
adults, $5 fot students and
seniors (with 10) and $3 for
children 6-12.
• Information: Visit coral
gablesmuseum.org or call
305-603-8067.
Photographer Clyde
Butcher wilt autograph
copies of his new book, The
Natural World Along
Tam;am; Trail, 7 to 8 p.m.
Dec. 3 at the museum.
Butcher'S work will be on
exhibit from Dec. 4 through
Feb. 28.
Public Hearing Notice
State Roml (SR) CJ92 J SW 1!>2 Stre!'l from SR 821 HEFT FIDM" s Turtllllile NB Ramp to US 1
PrrJ!ctIriEntlfic"lu. N"lllb(r, 1.),,210(; 1 ~201 4'>;)862 'i2 l!1
(\1I111Iy Mlln I [) ,(ir COLli Iy
The Florida Department of Transportation (FDOT) will host a public hearing
two roadway improvement projects along State Road (SR) 992/SW 152 Street-from
SR 821jHEFT/Florida's Turnpike NB Ramp to SR 5jUS 1, in Miami-Dade County.
Thursday, December 3, 2015
6 p.m. to 8 p.m.
Coral Reel Park
7895 SW 152 Street
Palmetto Bay, FL 33157
For information about this hearing or project, please contact
Public Information Specialist Alexandra Medina at
786-607-3002 or email amedlna@mrgmlaml.com.
Visit www.fdotmiamldade,com for project information.
The hearing will begin as an open house, from 6 p.m. to 8 p.m" with a formal presentation
starting at 6:30 p.m. Graphic displays will be shown and FOOT representatives will be
avai/able to discuss the project and answer questions. Public partiCipation at this meeting
is solicited without regard to race, color, national origin, age, gender, religion, disability or
family status. Pursuant to the provisions of the Americans with Disabilities Act, any person
requiring special accommodations to partIcipate in tllis workshop/hearing Is asked to advise
the agency at least 7 days before the workshop/hearing by contacting: {vette Ruiz-Paz at
(305) 470·5349 or In wrJtll1g: FOOT, 1000 N.W.lll Avenue, Miami, FL 33172, email: lvette.
rulz-paz@dot.state.t1.us. If you are hearing or speech impaired, please contact the agency
using the Florida Relay Service, 1 (800) 95S..f3771 (TOO) or 1 (800) 955..f3770 (Voice).