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17Sout~iami THE C!TY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: DATE: SUBJECT: Jane K. Tompkins, AICP, Planning Direct~ June 7, 2016 Agenda Item NO.:i1 An Ordinance amending Section 20-5.4, "Complete applications required," Section 20-5.5, "Applications requiring public hearings," and Section 20-5.6, "Applications in general," of the South Miami land Development Code to establish requirements for a transportation impact analysis, and other changes including correction of names, clarifying notice requirements, and establishing authority to defer an item. BACKGROUND: The Land Development Code provides that development approvals shall not be issued when the level of service (LOS) for public services and facilities do not meet or exceed LOS Standards or when the issuance of an approval would result in the reduction of the actual LOS for any service or facility below the established Standard (Sec. 20-4.1, "Adequate public facilities and services"). LOS Standards for streets are provided in the LDC; however, the Code does not specify how to determine traffic impacts for development applications. Traffic impact analyses are not required as part ofthe application package. Such studies are a critical tool in evaluating an application, and should be conducted to ensure that the code requirements are met. The LDC also does not reflect the current organization and titles of City Departments and positions; this ordinance will make the appropriate changes as well. ANALYSIS: Article V, "Procedures and Applications" of the LDC specifies the application requirements for the various development-related applications (for example, rezonings, site plan reviews, and variances). The LDC does not currently list a traffic impact analysis as a requirement, but such studies are essential to thoroughly evaluating an application. Consequently, staff proposes requiring a traffic impact analysis for all applications consisting of more than twenty-five (25) residential units or more than 10,000 square feet of commercial space. Applications generating fewer than seventy-five (75) trips may be required to provide a traffic impact analysis if the Director of the Planning and Zoning Department determines that the application presents the possible introduction of impacts that justify an analysis. The Director may also waive the requirement for projects proposing no more than twenty-five (25) residential units or up to 10,000 square feet of commercial space or if he/she believes the transportation impacts can be resolved during concurrency review or will produce de minimus impact. Trip generation rates Transportation Impact Analysis Text Amendment June 7, 2016 Page 2 of 2 will be taken from professionally recognized sources and the size of the area to be studied will vary based on the number of trips generated. The ordinance also makes the changes necessary to reflect the current organization of the City's departments, clarifies that the Planning Board and City Commission may defer or continue a hearing in order to receive additional information deemed necessary for their review, and clarifies the notice requirements for hearings. • , PLANNING BOARD ACTION: • After the public hearing held on the item at the Planning Board's May 10, 2016 meeting, the Board recommended approval of PB-16-013 with a vote of 5 to 2. RECOMMENDATION: Adoption of the proposed ordinance will require that certain applicants submit a traffic impact analysis, which will assist the City in evaluating the application and ensure the City's standards are satisfied. It is recommended that the City Commission approve the proposed amendment to the Land Development Code. Attachments: • Draft Resolution • Draft Planning Board Meeting Minutes Excerpt, dated May 10,.2016 ORDINANCE NO. ______ _ 2 3 An Ordinance amending Section 20-5.4, "Complete applications 4 required," Section 20-5.5, "Applications requiring public hearings," and 5 Section 20-5.6, "Applications in general," of the South Miami Land 6 Development Code to establish requirements for a transportation impact 7 analysis, and other changes including correction of names, clarifying 8 notice requirements, and establishing authority to defer an item. 9 10 WHEREAS, the Land Development Code does not specify how to determine 11 traffic impacts for applications requiring a public hearing; and 12 13 WHEREAS, the Land Development Code states, "A development permit, 14 Certificate of Completion (CC), Certificate of Occupancy (CO), or Certificate of Use and 15 Occupancy (CU) shall not be issued when level of service for public services and 16 facilities do not meet or exceed LOS Standards or when the issuance of a development 17 permit and/or CC and/or CO and/or CU would result in reduction of the actual LOS for 18 any service or facility below the established LOS Standards;" and 19 20 WHEREAS, the Capital Improvement Element of the City's Comprehensive 21 Plan, CIP Policy 1.3.1, states "The development code shall continue to specify that no 22 development permit shall be issued unless assurance is given that the public facilities 23 necessitated by the project (in order to meet the level-of-service standards established in 24 the FLUE and other Elements) will be in place concurrent with the impacts of the 25 development;" and 26 27 WHEREAS, in addition to the analysis of traffic impacts required for 28 concurrency, it is important to determine and address the impacts arising from traffic 29 generated by proposed developments during the public approval processes specified by 30 the Land Development Code; and 31 32 WHEREAS, the City Commission desires to amend the Land Development Code 33 to require a transportation impact analysis for proposed new developments and 34 redevelopments when appropriate, and this ordinance accomplishes the above objectives; 35 and 36 37 WHEREAS, due to various Departmental reorganizations over the years, certain 3 8 sections of the Land Development Code continue to refer to the building and zoning 39 department and building and zoning department director, and this ordinance will correct 40 these sections relevant to the hearing process to refer to the Planning and Zoning 41 Department and Planning and Zoning Director; and 42 43 WHEREAS, it is also important to clarify that the Planning Board and City 44 Commission have authority to defer a hearing to receive additional necessary information 45 for their decisions, particularly in light of the new requirement of a transportation impact 46 analysis, and thus the Code language is clarified to allow for such deferrals. 1 1 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 3 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 4 5 Section 1. Section 20-5.4, "Complete applications required," of the Land Development 6 Code, City of South Miami, Florida, is hereby amended and shall read as follows: 7 8 20-5.4 -Complete applications required. 9 (A) Completeness Determination. An application for any review under this Code shall lObe submitted in the appropriate format and shall contain all infonnation required by this 11 article. Upon receipt of an application, the ElDirector of the builEling Planning and 12 Olf;oning Department (hereinafter referred to in this Section as "Director") shall review 13 such application for completeness. 14 (1) If the ElDirector finds that such application is not complete, he or she shall return 15 it to the applicant with a specific list of missing items or other deficiencies. 16 (2) If the ElDirector finds that such application is complete, he or she shall submit it 17 for processing in accordance with this Code. 18 (B) Filing Fee Required. No application shall be considered complete unless 19 accompanied by the proper filing fee. 20 21 Section 2. Section 20-5.5, "Applications reqmrmg public hearings," of the Land 22 Development Code, City of South Miami, Florida, is hereby amended and shall read as 23 follows: 24 20-5.5 -Applications reqniring public hearings. 25 All required public hearings shall be advertised in a newspaper of general circulation and 26 the same advertisement shall be published in a local newspaper, if available, so as to 27 provide as much notice as possible within the City, but, in any event, the notice in the 28 local newspaper need not be published ten (10) days before the public hearing. The 29 timeliness of the publication in the local newspaper shall not be grounds for challenging 30 the action taleen unless such a newspaper is available for publication and then only if it 31 was published less than five (5) days before the proposed action is taken. The word 32 "newspaper of general circulation" shall mean the Daily Business Review, or similar 33 newspaper. The word "local newspaper" shall mean a newspaper distributed in the City 34 of South Miami, whether fi'ee to its readership or otherwise available. The following 35 procedures set forth in this section 20-5.5 shall be followed for all applications requiring 36 a public hearing before the !3Elanning b.!1oard and e~ity eCommission, including all 37 applications for rezoning, text amendments, special uses and variances. 38 (A) Preapplication Conference. Prospective applicants shall first schedule a 39 preapplication meeting with the ElDirector of the bllilEling Planning and Olf;oning 40 Department (hereinafter referred to in this Section as "Director") to discuss and analyze 41 the proposed application request. No statements made or infonnation given during such 42 preapplication conference shall be binding upon the e~ity or prospective applicant. 43 (B) Required Submittal. At least thirty (30) calendar days prior to the first 44 scheduled public hearing date on the application, the applicant shall file a formal 45 application with the Planning and Zoning Department. At the time of this filing, the 46 applications shall include: 2 1 (1) A propeliy survey by a registered surveyor; 2 (2) All aflfllieatiells fer a re:IC811illg shall Be aeeompaIliecl By a ~map which 3 reflects all properties and a cOlTesponding list of the names of all propeliy owners within 4 a five hundred (500) foot radius of the subject property. A notarized affidavit shall be 5 presented to the Planning and Zoning Department within five (5) business days of 6 submittal of an accepted application, attesting under oath that the applicant gave notice of 7 the proposed application to all the property owners within the noted five hundred (500) 8 foot radius by regular U.S. mail with the exception of the abutting, or contiguous, 9 property owners, who shall be made aware via Certified Mail. The affidavit shall be 10 accompanied by a copy of the notification letter together with copies of the Certified Mail 11 receipts or the method of proof provided by the US Postal Service bulk proof of delivery 12 servIce. 13 (3) Three (3) sets of mailing labels containing the name and address of all 14 property owners of record, as reflected on the Miami-Dade County Property Appraiser's 15 tax roll as updated, within a five hundred (500) foot radius of the propeliy which is 16 subject to public hearing. The applicant shall also provide a swom affidavit attesting to 17 the validity or the mailing lists; 18 (4) A site plan showing the proposed project and all required yard setbacks and 19 other requirements; and 20 (5) The appropriate filing fee. 21 (6) (a) Transportation impact analysis, will be required for all applications 22 consisting of more than twenty-five (25) residential units, or more than 10,000 sq. ft. of 23 commercial space, unless the applicant secures a waiver as provided below. The 24 transportation impact analysis may be required to determine. among other things and 25 without limitation. the transportation impacts that a project will create, with a traffic 26 methodology approved by the Director, and wavs to mitigate both the number of vehicle 27 trips and the vehicle miles travelled to and from the project proposed in the application 28 including drawings of such mitigation proposals when required by the Director. The 29 analysis shall he discussed with the Director or designee at the Pre-Application 30 Conference, and a Memorandunl of Understanding shall be entered into which defines 31 the methodologv and parameters of the transportation impact analysis. 32 (b) The Director may require a transpOliation impact analysis for applications 33 consisting ofless than the thresholds set forth in subsection (6)(a) above, ifhe determines 34 in his sole discretion that the application presents the possible introduction of roadway or 35 transportation impacts that justify such an analysis as part of the application process. 36 Alternatively. the Director may waive the requirement of a transportation impact analysis 37 if an application proposes a project generating less than 75 vehicle trips per day, or he 38 . determines that any roadway or transportation impacts could be resolved during 39 concurrency review, or will produce deminimus impact. 40 (c) The City Commission, Planning Board, City Manager or designee. shall 41 have the same authority as the Director to require a transportation impact analysis when 42 an application is presented to them for review. 43 (d) The Planning and Zoning Department shall prepare a set of guidelines for 44 the preparation of transportation impact analyses dealing with all modes of transportation. 45 Trip generation rates shall be taken from professionally recognized sources. 3 TraJIsportation impact analyses shall be conducted purSUaJIt to the following guidelines, unless modified bv the Planning Director or designee for good cause' Scale Number of Daily Trips Scope of Study Small 75 -150 .5 mile radius Intermediate 151-500 1.0 mile radius Large 501-1000 1.5 mile radius Major 1001 aJId up 2.0 mile radius (C) Planl1lng Board Notice ReqUIrements. Upon receipt of a complete applIcatIOn, the lmilciing Planning and :lZoning ciDepartment shall prepare a Notice of Public Hearing and a location map of the subject propelty. At least ten (lO) calendar days prior to the scheduled public hearing by the pElanning Bboard on the application, the bwlciing Planning and :lZoning dDepartment shall: (I) Mail a copy of the public hearing notice and location map to all propcliy owners within a five hundred-foot radius ofthe subject property; (2) Post a sign on the subject property which identifies the nature of the pending application, time of scheduled hearing and telephone number for further information; (3) Place a legal notice in a newspaper of general circulation in the City which notifies the public of the scheduled hearing date, location of subject property and nature of application request; and (4) NotifY the applicant of the scheduled public hearing date before the pElanning board. (D) Plal1l1ing Board Staff Report. A staff report shall be prepared by the building pElanning and :lZoning dDepaJiment prior to the scheduled plaJming-PElaJming board public heaJ'ing which includes its findings of fact relating to the application and a statement as to the compliance of the application with this Code. (E) Plal1l1ing Board Public Hearing. The applicant or applicant's representative shall appear at the scheduled pElaJming board public hearing and verbally present the application request. After presentation of the staff report and an opportunity for input and comments on the application by the public present, the ~board shall make a recommendation to approve, deny or modifY the application and traJIsmit said recommendation to the "City ,,~ommission, except that if the Bboard determines it needs additional information in order to make its recommendation, it may defer or continue the item to a future time at the SaJl1e meeting, or the next regularly scheduled or special meeting, subject to specifically identifving the required information and the requirements of section 20-6.1 (B)(4). A deferral or continuaJlce until the next meeting for the pumose of obtaining additional information as described above shall extend the 45-day limitation under section 20-6.1CB)(4)(a)(iii) to allow such information to be obtained and presented to the Board at the next available meeting, and a decision or recommendation to be made at that next meeting. (F) City Commission Staff Report. After the pElanning b~oard public hearing, the building Planning and :lZoning dDepartment shall prepare a revised staff report for the "City "Commission which incorporates the ~board's recommendation, minutes of the public hearing and any adjustments or changes to its initial report that it deems 4 1 appropriate as a result of testimony presented during the j3£lanning b!?oard public 2 hearing. 3 (G) Commission Meeting Notice Requirements. At least ten (10) calendar days 4 prior to the scheduled public hearing by the e~ity e~ommission on 111e application, the 5 e~ity eClerk shall: 6 (I) Mail a copy of the hearing notice and map to all property owners within a five 7 hundred-foot radius of the subject property in the application; 8 (2) Post a sign on the subject propeliy clearly visible from each roadway that 9 abuts the property. The sign must identify the nature of the pending application, date and 10 time of ilie scheduled public hearing and telephone number of the Planning and Zoning 11 Department for fi.u'1her information; 12 (3) Place a legal notice in a newspaper of general circulation in the City that 13 notifies the public of the date, time and location of the scheduled hearing, and the 14 location of the subject property and nature of application req uest; and 15 (4) Notify the applicant of the date, time and location of the scheduled public 16 hearing before the eCity eCommission. 17 (H) City Commission Public Hearing. The applicant shall appear at the scheduled 18 public hearing before the e~ity eCommission and verbally present the application 19 request. After ilie public hearing, the e~ity e~ommission shall approve, deny or modify 20 the application, except that if the Commission determines it needs additional information 21 in order to make a decision on the application, it may defer or continue the item to a 22 future time or meeting. 23 24 Section 3, Section 20-5.6, "Applications in general," of the Land Development Code, 25 City of Souili Miami, Florida, is hereby amended and shall read as follows: 26 27 20-5.6 -Applications in general. 28 (A) General Requirements. All applications shall be submitted and processed 29 pursuant to the requirements of this Code and shall be submitted by the 30 owner of the property or an authorized agent of such owner on application 31 forms available in the Plall11ing and Zoning Department dej3artment ef 32 building and zen±ng. The dDirector may require reasonable proof of 33 agency from any agent. 34 35 * * " 36 Section 4. Codification. The provisions of iliis ordinance shall become and be made 37 part of ilie Land Development Code of ilie City of Souili Miami, as amended. 38 39 Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance 40 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this 41 holding shall not affect ilie validity of the remaining portions of iliis ordinance or ilie 42 Guidelines adopted hereunder. 43 5 1 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all 2 sections and parts of sections of ordinances in direct conflict herewith are hereby 3 repealed. 4 5 Section 7. Effective Date. This ordinance shall become effective upon enactment. 6 7 PASSED AND ENACTED this __ day of _____ , 2016. 8 9 ATTEST: 10 11 12 13 14 15 16 17 18 19 20 21 CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF 22 CITY ATTORNEY 23 24 Rev. 3-31-2016 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: 6 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Wednesday, May 10, 2016 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A·5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies persons who are retained with or without compensation to influence any action, decision, with the city, including the city manager, city attorney, department heads, city personnel, or of the city commission or members oj any city board, concerning a matter that could foreseeably be city commission or a city board. There are some exceptions and exemptions. The following are be lobbyist: a representative of a principal at a quasi·judicial hearing, experts who present information at public meetings, representatives of a neighborhood association of a not-for·profit community based organization for the purpose . influence without special compensation. Individuals who wish to view or meeting can be found on the city's I. Call to Order Action: Mr. II. Roll Call City Staff Director), Mr. Attorney). City Staff Absent: City Attorney: Mr. Thomas Pepe III. Administrative Matters 'r<i,nn< of the (Chairman), Ms. Fischer (Vice· Kamali (Deputy City Manager), Mrs. Jane Tompkins (Planning Spr.ior Planner/Zoning Administrator), and Gary M. Held (Land Use Ms. Kamali introduced the Board to Jane Tompkins, the new planning director for the city. Mrs. Tompkins then gave a brief presentation on her qualifications. 1 Ms. Kamali informed the Board that the applicant for PB-16-005 has requested to pull their item and to have it appear before the Planning Board at their next meeting. Because of that, PB-16-005 was not reviewed by the Board. IV. Public Hearings 1. PB-16-013 Applicant: City of South Miami An Ordinance amending Section 20-5.4, "Complete applications required," Section 20-5.5, "Applications requiring public hearings," and Section 20-5.6, "Applications in general," of the South Miami Land Development Code to establish requi'd!!:I1\ents for a traffic impact analysis, and other changes including correction of names,;;:ril~rHying notice requirements, and establishing authority to defer an item. .;i',' Dr. Philips read the item into the record. ,-; ... d~&~:i~:!:~.:;~ -.'::' Mrs. Tompkins presented the PB-16-013 t6\th~·Board. \}~~, ,~. Mr. Held informed the Board that this iterrl''ZW~!; previoy~ly.reviewed substantial changes, it was rECferred back to tb~f!1. for;):i:!'view. Mr. Hpllrl.,thp'n explained the changes that were made to the nrPIl0s,ed ordinance{ :I '<'::::::::::::::0' Mr. Greiner stated that projects t~~tdci\~~~~uf;.e less th:~h~ffty (50) trips will not require a public hearing. He then aske,,~ifthose trip~y..ere P~~kj~~ll.i!y, or tot;j.~~(: Philips stated that it is defined in the proposed \?(i1.fQ~nc~. ,Mr. Held ad~ed thaUtJ§:fifty (50) aai)ytrips (~;~~-~:-""---'--"'*z~~:}/,~::;_ _ , _"':>/',.-_)'::~:::;:t(:'~{>':>-"-'; <L::':(~::::~>::::<~ Ms. Glavey as~~~;:,,:,,here th~,jt)~mber fifty~f~pr came frorYI·\"Mr. Held responded that it came about via interna:l1dj~cussionsiMiith staff anil\~Onsultants. ""~~l\L _ _ <~;:~\i:'3r_, _____ ,_ __co":_:' done for th~t;;~~il'~;~f;~f~;i~~:,:trn~~6},traffic impact from residential units, a multi- . (v.i~1);t reach th~'(:lf.dii1Y trips requirement until it has at least 20-25 '-'.%"-.'.', __ '. ,. -_'_:c' tl\~g:pr9inance isgoing to require a traffic impact analysis for lot of h~;U~~0~ignificant impact to traffic, which is a significant impact to Bo~t.ith clarification on how the City will require the traffic dded that based on the proposed ordinance, a project with 20-25 square feet of retail will require that traffic impact study be urant uses that would occupy the retail space. Last Mr. Greiner inance is quite a bit more judicious in terms of minimum thresholds the study. Dr. Philips asked what concurrency was. Mr. Held gave an explanation as to what concurrency was. Dr. Philips then asked how concurrency would be met in the areas that are deficient for a project. Mr. Held stated that some form of mitigation would have to be introduced into the project so that concurrency can be met. Mr. Greiner suggested that the retail square footage that triggers a traffic study be increased to 10,000 square feet. He then suggested the following language: 2 "25 residential units or 10,000 square feet of commercial space" and an additional requirement that "unless the applicant can show that they are above the threshold on those two it generates less than 50-70 trips per day." Ms. Fischer asked how a project could mitigate the traffic when the roadway is considered to be a Level of Service (LOS) F. She then stated that better criteria for LOS are needed. Mr. Basu stated that this ordinance does not address LOS standards. The ordinance only sets up the requirement that a traffic study be done based on the size of a development. Ms. Glavey then explained the purpose of a traffic impact analysis. She then added that LOS is on the way out. Ms. Glavey suggested changing the analysis to a addresses all modes of transportation. Mr. Greiner dU.'~"\!:''' impact analysis so that it the amount of trips should be clarified to be fifty (50) vehicle trips. Mr. Held suggested the following language in "Transportation impact nnniv'<i, of more than 25 residential Ms. Glavey asked if the amo yes. It was increased to 75. iJp/~li{:ati<)ns consisting corn./filerc:ial space, or from 50, of Mr. Held stated district, of which Mr. Greiner dilit:rict are not required to meet 7'.~"<-,, transportation issues within the lme,nts on PB-16-013. approve PB-16-013 with the following amendments: to "transportation" throughout the document so that it is a lysis that considers all modes; and 2. The thresholds for requiring a transportation impact analysis be changed to 25 residential units or more, 10,000 square feet of commercial development or more unless the applicant can show that they are generating less than 75 total vehicle trips in a daily count. Mr. Held stated that pursuant to Section 20-6.1(B)(4)(a)(iii) of the LDC, the Board would have forty (45) days to review an item. Because the Board only meets once a month, any continuance of an item would need to come back to them at the following meeting. Motion: Mr. Greiner moved to amend his original motion to add the comments provided by Mr. Held regarding an additional thirty (30) days. The motion was seconded by Mr. Basu. 3 V. VI. Vote: Yes 6, No 1 (Fischer) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: No Ms. Kahn: Yes Dr. Philips: Yes Mr. Melow: Yes Mr. Greiner called for a vote on the original motion that with the amendment. Vote: Yes 5, No 2 (Glavey, Fischer) Mr. Basu: Yes Ms. Glavey: No Mr. Greiner: Yes Ms. Fischer: No Ms. Kahn: Yes Dr. Philips: Yes Mr. Melow: Yes Public Comments/New Business ·nr,o<pnt.,rl and Dr. Philips seconded \ ,_, --:O::::--:<s> , '_ ,<.",_ ',_ ',::-,:: : __ -_' >;t:::~ The Chairperson 0pi!!li!dJheJlpor to publiccommi!nt~ and any new business. --~"~ ?,- Public Comment;;g~~tion -<\ 'i~ The Chairperscl~~l:losed the f~9r to public comments and any new business. ""< Y,'-"_ ",~ __ ", 1. Planning Board Minutes of April 12, 2016: Motion: Ms. Fischer moved to defer the meeting minutes as amended. Mr. Greiner seconded the motion. Vote: Yes 7, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes 4 Ms. Kahn: Yes .Dr. Philips: Yes Mr. Melow: Yes VII. Future Meeting Date: A) June 14, 2016 at 7:00 P.M. VIII. Adjournment Mr. Greiner adjourned the meeting at 10:36 P.M. 5