Ord. No. 23-94-157323-94-1573
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AMENDING SECTION 20-3.5G
OF THE LAND DEVELOPMENT CODE,PROVIDING ELIMINATION OF
FRONTAGE DIMENSIONAL REQUIREMENTS IN "SR"DISTRICT;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of South Miami enacted a Land Development
Code on October 25,1989;and,
WHEREAS,the Land Development Codecontains Section 20-3.5G,
which provides minimum frontage requirements for nonresidential
districts;and,
WHEREAS,the minimum frontage requirement for all uses in
the "SR"Specialty Retail District is50 feet;and,
WHEREAS,a50 foot minimum frontage requirement for retail
commercial uses discourages traditionally scaled redevelopment
and discourages variety and texture that smaller buildings
provide;and,
WHEREAS,theMayorandCity Commission desire toeliminate
the minimum frontage requirement inthe"SR"Specialty Retail
District.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
SECTION 1.That Section 20-3.5G is amended by(a)inserting a"c"
designatingafootnotetotherightof "50",whichislocatedin
the row identified as "Frontage (ft)"and the column "5E"and by
(b)adding footnote cat the bottom of page of62toread:
c The frontage requirement does not apply to
uses in the SR District.
A copy of Section 20-3.5G,as amended,is annexed and made a part
of this ordinance.
Ordinance to Eliminate SR Frontage Page #1
SECTION 2.Ifany section,clause,sentence,orphraseofthis
ordinance isforanyreasonheld invalid or unconstitutional bya
courtof competent jurisdiction,the holding shallnotaffectthe
validity ofthe remaining portionsofthisordinance.
SECTION 3.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
SECTION 4.This ordinance shall take effect immediately at the
time of its passage.
IPASSEDANDADOPTEDTHIS20th.DAYOFDECEMBER,1994.
ATTEST:
femarv J.wkscuratosemary
iry Clerk
READ AND APPROVED AS TO FORM
/£-.^/;<y^
Earl G.Gallop
City Attorney
Neil Carver
Mayor
c:\reports\sr-front.ord
Ordinance to Eliminate SR Frontage Page #2
Secj-fcdLori 20 —3-5<S
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIREMENT RO LQ MO NR SR GR 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
Min.Setbacks (ft)
Front 25 20 15b 25 10b 20 20
Rear 20 15 10 15 10 15 a
Side (Interior)10 1010 ----
Side (Street)20 15 10 15 10b 15 15
Adj.Res.Dist.25 25 25 25 25 25 25
Side (w/driveway)20 20 20 20 20 20 20
Between Buildings 20 2020 ----
Max.Building Height
Stories 2 2 4 2 4 2 2
Feet 25 3050 25 50 30 30
Max.Building
Coverage (%)30 ------
Max.Impervious
Coverage (%)75 80 85 75 90 85 85
Max.Floor Area
Ratio (FAR).25 .70 1.60 .25 1.60 .80 .80
5'setback with wall opening adjacent to rear property line;
no setback if no openings inwall.
Applies to ground floor only;columns are permitted within the
set-back.Columns shall not be greater than 24 inches in
diameter;columns on the property line shall not be closer to
each other than 10 feet.
The frontage requirement does not apply to uses in the SR District
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Planning Board Members Date:November 25,1994
Brian T.Soltz y^^
PlanningTechnician
Re:PB-94-023:Eliminationofthe Frontage
Requirement for Lots in"SR"District
Background:
TheCity Commission wouldliketoamend Section 20-3.5G of theLand Development Code
eliminating the50foot frontage requirement forthe"SR"Special Retail/Residential Zoning
District.This50footfrontage requirement conflicts withthebasicidea of theHometown
DistrictOverlayOrdinance.Thisordinanceestablisheslegislationto encourage theconstruction
ofsmall shops and mixed-use projects designedonalot-by-lotand block-by-block basis.
Analysis:
Theintent of the ordinance presented atfirst reading tothe Commission wasto eliminate the50
footfrontagerequirementforretailusesonly.HoweverduringthereviewtheCityCommission
amendedtheproposedfootnotetonowapplytoallusesinthe "SR"district.Thefollowing
showshowthefootnotechangedfrombeforetheCityCommissionfirstreadingtoaftertheCity
Commission first reading.
Before The City Commission First Reading:
Thefrontagerequirementdoesnotapplytogradelevelretailusesinthe"SR"
district;provided,however,thatthegradelevel retail use occupies notlessthan
1200netsquarefeet.Thefrontagerequirementappliestoallothergradelevel
usesandtoallabovegradeleveluses.
After The City Commission First Reading:
Thefrontagerequirementdoesnotapplytogradelevelretailusesinthe"SR"
district;provided,however,thatthegradelevelretailuseoccupiesnotlessthan
1200netsquare feet.Thefrontagerequirementappliestoallothergradelevel
usesandtoallabovegradeleveluses.
Comprehensive Plan:
This ordinance is consistent withthe Comprehensive Plan.
Recommendation:
Staffrecommends approval oftheproposedordinance.However,duetothefirstreading
amendmentsbytheCityCommission,staffrecommendsthatthePlanningBoardsimplystrikeout
the50footfrontagerequirementforthe"SR"district,underSection20-3.5GoftheLand
DevelopmentCodeinsteadoftheproposedfootnoteamendment.This staff recommendation
wouldhavethesameeffectasthelanguageapprovedbytheCity Commission,butwouldprovide
for easier readingand understanding of thisamendment.
Example of Staff Suggestion:
Sec;-fed.on 20 —3 -5G
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIREMENT RO LO HQ NR SB Gg I
Min.Lot Size
Net Area (sq ft)7,500 7,500 10,000 7,500 5,000 10,000 5,000
Frontage (ft)7575 100 75 -50-100 50
Dover,Kohl &Partners IjlSvSiSiiwil
i SEP -21394UrbanDesign
Memorandum
Date:September 1,1994
To:Commissioner Tom Cooper,AIA
City Attorney EarlGallop,Esq.
Planner Bill Mackey
CITY OF SOUTH MIAMI
From:.Victor Dover,AICP %}!!**
Subject:Minimum Frontagerequirementsinthe Hometown District
ICT^
I recommend that the Land Development Code be amended to eliminate the minimum Frontage
(width)requirements for Minimum Lot Sizes in the Hometown District.See page 62 ofthe Code.
Presently the required lot width in the underlying SR District is 50'.Some existing lots do not comply
with this requirement In other locations desirable subdivisions of existing parcels would not comply.
This amendment is consistent with the intent of the Hometown Plan to encourage traditionally-scaled
redevelopment and the variety and texture that smaller buildings provide.This amendment also
reflects the input of citizen participants in the 1992 charrette,many of whom expressed that they
disfavor large buildings and favor filling in the neighborhood with more,smaller buildings.
Two ways occurto me for how todothis:
1)Add a footnote (presumably "c")that indicates that the Frontage requirement "Does not apply
withinthe Hometown District"tothose categories found withintheHometownDistrictThiswill
primarily affect the SR category but small areas within other underlying categories will also be
affected.OR
2)Alternatively,insert language within the section relating to the Hometown District Overlay
Ordinance,providing that "there shall beno minimum lot width requirement within the Hometown
District"The Overlay Ordinance prevails where there is conflict between the overlay ordinance and
theunderlyingzoning.
It appears tome that option 1 above is preferable and less confusing.
ORDINANCES -FIRST READING
#12 ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AMENDING SECTION 20-3.5G OF THE LAND
DEVELOPMENT CODE PROVIDING ELIMINATION OF FRONTAGE DIMENSIONAL
REQUIREMENTS IN "SR"DISTRICTS;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
.^~
Moved by Commissioner Cooper,seconded by Commissioners Bass
and Cunningham,this be considered the first reading of the
ordinance and it be placed on second reading and public hearing
after consideration bythe Planning Board.
Commissioner Cooper spoke to the ordinance stating that this
is another ordinance to encourage development intheSR district as
well as incremental development.City Attorney stated that this
allows for flexibility in texture and design of storefronts inthe
SR District.
City Attorney noted some amendments to subsection (c)the
ordinance:
remove the word "retail".
Commissioner Cooper asked that the "1,200 net square feet"be
removed as there are businesses that may open smaller shops in the
SR area.He suggested that no minimum square footage be used.
After further discussion,it was moved by Commissioner Cooper,
seconded by Vice-Mayor Young,that these amendments plus the words
"grade level"be removed from section (c).
For clarity in the purpose of the ordinance,the amendment was
amended to use only the following words in subsection (c):
(c)The frontage requirement does not apply to retail uses in
the SR District.
Motion on amendment passed 5/0:Mayor Carver,yea;Vice-Mayor
Young,yea;Commissioner Bass,yea;Commissioner Cooper,yea;
Commissioner Cunningham,yea.
10
PB-94-023
Applicant:Mayor&City Commission
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AMENDING SECTION 20-3.5G
OF THE LAND DEVELOPMENT CODE,PROVIDING ELIMINATION OF
FRONTAGE DIMENSIONAL REQUIREMENTS IN "SR"DISTRICT;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
Mr.Kerrreadthe request.Staffrecommendedapprovalofthe
request by removing the 50-foot frontage requirement,as opposed
to adding the proposed footnote amendment.When queried by the
Board,staff confirmed that the amendment calls for no frontage
requirement,thus allowing for much diversity.
Public Hearing was opened.There being no one present to speak
either for or against the proposed ordinance,Public Hearing was
closed and executive session was convened.
Motion:Mr.Kerrmovedapprovalofthesaidordinance.Mr.Basu
seconded the motion.
Vote:Approved:5 Disapproved:1
(Mr.Eisenhart)
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor &City Commission
Eddie Cox
City Manager
Date:December 14,1994
12/20/94 Commission Agenda
Re:Item #(£:Elimination of the Frontage
Requirement for Lots in "SR"District
Background:
OnOctober 19,1993,theCommissionadoptedtheHometownDistrictOverlayOrdinancewhich
provides incentives toenhancethe pedestrian environment andtopromote development and
redevelopment oftheSouth Miami downtown business district.Theordinance encourages the
development ofsmallshopsand mixed-use projectsona lot-by-lot andblock-by-blockbasis.
However,theunderlyingzoningdesignationofSR(SpecialtyRetail/Residential)contains
provisionsthatrequirea minimum lotfrontagerequirementof50feet.
The50 -foot lot frontage requirement prohibits the creation of smaller building sitesby potential
developers.This allowance forsmaller building siteswillprovidefor flexibility andencourage
infilloftheexistingdowntownbysmallerprojects,andwouldprovideaddedvarietyandtexture
for the built environment.
The proposed ordinance amendstheLand Development Codebyremovingtheminimumlot
frontage requirement for property intheSR (Specialty Retail/Residential)District only.TheCity
Commissionmayinthefuturewishtoevaluatepotential elimination ofotherminimumlot
frontage requirements afterreviewingresultsofthemorerecentHometownToocharretteprocess.
Recommendation:Approval
1.AdvantagetoCity:Amendsprovisionswhichpresentlyprohibitcreationofsmaller
buildingsitesinthe"SR"Districtunderthe Hometown DistrictOverlay Ordinance.
2.Disadvantages toCity:None.
3.ThisOrdinanceissponsoredbyCommissionerCooper.
4.ThePlanningBoardvoted5-1torecommendapproval.
5.This OrdinanceamendsSection 20-3.5 GoftheLand Development Code.