5CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: The Honorable Mayor and City Commissioners
From: Steven Alexander, City Manager
CC Dwayne Williams, Planning Director
Date: November 17, 2015 Agenda Item No.:5
SUBIECT:
An Ordinance amending the City of South Miami Land Development Code, Article III,
"Zoning Regulations, Section 20-3.5, "Dimensional Requirements," and other applicable
provisions, to adjust the density caps in the Specialty Retail (SR) zoning districts for
affordable and workforce housing projects North of US 1 and within the Community
Redevelopment Area boundaries as they existed on October 14, 2015.
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. Increasing the residential development density in targeted zoning districts to
provide for the development of sustainable affordable and workforce housing is an
appropriate means to implement this strategy 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 amendment of the City's Land Development Code Section 20-3.5G Dimensional
Requirements for multi-family residential uses in the Specialty Retail Zoning District will
permit 30 units per acre north of Dixie Highway/US Route 1 and with the boundaries of
the City of South Miami Community Redevelopment Area as they existed on October 14,
2015. This ordinance was established to encourage affordable housing within the City,
and encouraged the granting of a density increase.
ANALYSIS:
The proposed Ordinance as revised by the attached amendment, amends Article III
Section 20-3.5 (G) Dimensional Requirements Nonresidential District by allowing:
Density for multi-family residential uses in the SR zoning district shall be permitted up to
30 units per acre north of Dixie Highway/US Route 1 and within the boundaries of the
. City of South Miami Community Redevelopment area, as they existed on October 14,
2015, provided 100% of the residential portion of the project is affordable, low affordable
and workforce housing and provided the project meets certain requirements.
The requirements include:
A declaration of restrictive covenant ("Covenant") running with and binding the land for a
50-year term in a form approved by the City Attorney. The Covenant must be recorded by
the Owner before any permits are issued for the project. The Covenant shall include a
provision that requires the Owner to maintain the housing units, and the project in
general, in good condition and that requires the Owner to lease the units at rents that meet
the reqtritements for the type of units being constructed, i.e., low affordable, afforeable or
workfor.ce.
"Low affordable", "affordable" and "workforce" housing
Rents set for low affordable, affordable and workforce housing.
PLANNING BOARD ACTION:
At the November 10, 2015 Planning Board meeting and following a public hearing, the
Board voted 4-1 to recommend approval of the ordinance with the condition that the FAR
be changed to 2.0 only for affordable housing projects that are within the SMCRA area
north of US-1. Based on the funding opportunities, the Board voted to eliminate the
minimum percentage requirement for low affordable and affordable housing. .
STAFF RECOMMENDATION:
Staff recommends Commission approval of the ordinance as written.
ATTACHMENTS:
An Ordinance amending the City of South Miami Land Development Code, Article III,
Section 20-3.5(G), Dimensional Requirements Nonresidential Districts.
1 PLANNING BOARD RECOMMENDATION -NOV. 10,2015
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3 Ordinance No. ________ _
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5 An Ordinance amending Article III, "Zoning Regulations, Section 20-3.5,
6 "Dimensional Requirements," and other applicable provisions, to adjust the
7 density caps in the Specialty Retail SR zoning districts for affordable and
8 workforce housing projects north of US 1 and within the Community
9 Redevelopment Area boundaries as they existed on October 14,2015.
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11 WHEREAS, the City desires to foster development that benefits its residents; and
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13 WHEREAS, construction of affordable and workforce housing is a goal in the
14 City's Comprehensive Plan; and
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16 WHEREAS, in order to implement affordable housing projects it is necessary to
17 provide for a sufficient level of development in order to qualify for funding opportunities;
18 and
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20 WHEREAS, the increase of residential development intensities in targeted
21 zoning districts to provide for the development of sustainable affordable and workforce
22 housing is an appropriate means to implement these strategies; and
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24 WHEREAS, the City Commission desires to implement the above through the
25 adoption of this Ordinance.
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27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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30 Section 1. South Miami Land Development Code Article III, "Zoning Regulations,"
31 Section 20-3.5, "Dimensional Requirements," is hereby amended to read as follows:
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33 20-3.5 -Dimensional requirements.
34 (A) Residential Districts. In residential districts, the maximum density, minimum lot
35 area and frontage, minimum yard setbacks, maximum coverage and maximum building
36 heights for the permitted uses in each district shall be determined from the Dimensional
37 Requirements Table for either single-family residential districts one-story (Section 20-
38 3.5(E)) or single-family residential districts two-story (Section 20-3.5(H)) or multi-family
39 districts (Section 20-3.5(F)).
40 (B) Nonresidential Districts. In nonresidential districts, the minimum lot area and
41 frontage, minimum yard setbacks, maximum floor area, maximum coverage and
4 2 maximum building heights for permitted uses in each district shall be determined from
43 the Dimensional Requirements Table for nonresidential districts (Section 20-3.5(G)).
44 (C) Dimensional Requirement Tables.
45 (1) The use ofland and the erection of buildings and other structures on land shall be
46 subject to the dimensional requirements of the applicable zoning district, as reflected on
47 the four tables labeled "Dimensional Requirements, Single-Family Residential Districts,
48 One-Story" (Section 20-3.5(E)) or "Dimensional Requirements, Single-Family
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Residential Districts, Two-Story" (Section 20-3.S(H):), "Dimensional Requirements,
Multi-family Districts" (Section 20-3.S(F)) and "Dimensional Requirements,
Nomesidential Districts" (Section 20-3.S(G)).
(2) There shall be no variation or deviation from such dimensional requirements
except where expressly allowed by this Code.
* * *
9 Section 20-3.SG
10 DIMENSIONAL REQUIREMENTS
11 NONRESIDENTIAL DISTRICTS
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REQUIREMENT I RO I LO I MO I NR I SR~ I GR I I
Min. Lot Size
Net Area (sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000
Frontage (ft) 75 75 100 75 50c 100 50
* * *
Max. Floor Area
Ratio (FAR) 0.30
* * * * Density for multi-family residential uses in the SR zoning district shall be permitted up
to 30 units per acre. and an increase of Floor Area Ratio to 2,0, north of South Dixie
HighwaylUS Route 1 and within the boundaries of the City of South Miami Community
Redevelopment Agency area, as they existed on October 14, 201S, provided 100% of the
residential portion of the project is low affordable, affordable and workforce housing and
provided the project meets the following requirements:
a. Owner must execute and record prior to issuance of a building permit, a
declaration of restrictive covenants ("Covenant") running with and binding the land for a
SO-year term in a form approved by the City Attorney. The term of the Covenant shall
run from the date of its recording. The Covenant shall include a provision that requires
the Owner to maintain the housing units, and the project, in good condition and that
requires the Owner to lease the units at rents that meet the requirements for the type of
units being constructed, i.e., low affordable, affordable or workforce.
b The terms "low affordable", "affordable" and "workforce" housing shall be
defined by the Miami-Dade Public Housing and Community DevelopmentcPHCD), or
its successor, and as may be amended from time to time, or as set forth in the City's Land
Development Code, the latter of which shall take precedence in the event of any conflict.
c. Rents for low affordable, affordable and workforce housing shall be as set by
PHCD or as set forth in the City's Land Development Code, the latter of which shall take
precedence in the event of any conflict.
* * * -
Section 2. 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.
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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 shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ :, 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Welsh:
CITY ATTORNEY