11THE CITY OF PLEASANT !.IVING
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, Planning and Zoning Directo~
December 6,2016 1/
An Ordinance amending the site plan and ordinances adopting and amending same for the
Valencia Building located at 6001 SW 70th Street which site plan was adopted by Ordinance
24-01-1755 and amended by Ordinance 06-10-2031; the amendment permits, by right, office,
business and professional uses in the first floor commercial spaces.
BACKGROUND:
The Valencia Building is a six-story residential building with ground floor commercial uses
located at 6001 SW 70th Street and zoned TODD-MUS, "Transit Oriented Development District".
When the zoning for the project was approved in 2001, the Commission also imposed a
requirement that all of the commercial spaces on the first floor facing SW S9 th Place be limited
to "Retail" uses as set forth in the Land Development Code. In 2010, the City Commission lifted
this restriction and allowed office, business and professional services on the first floor, pursuant
to the Special Use permit process. Since 2010, several office uses have been approved for the
first floor including two in 2016. During the discussion of the last application, the Commission
directed staff to prepare an ordinance eliminating the need for a Special Use permit and allow
office, business and professional service uses to be established by right.
REQUEST:
Amend the Valencia Building Site Plan to allow office, business and professional service uses by
right and eliminate the need for a Special Use permit.
ANALYSIS:
The TODD-MUS zoning category allows office, business and professional service uses without a
Special Use permit. It is only in the Valencia Building where such uses must obtain a Special Use
permit from the City Commission. This adds time, uncertainty and extra costs to businesses
trying to locate in the Building and may discourage them from seeking the permit. Allowing
these uses by right may encourage businesses to locate in the building, thus adding services for
residents and other businesses and enhancing the vibrancy of the area.
Valencia Building -Amendment for Office Uses
December 6, 2016
Page 2 of 2
PLANNING BOARD RECOMMENDATION:
The Planning Board will review the application before the second reading of the Ordinance.
RECOMMENDATION:
It is recommended that the City Commission pass the Ordinance on first reading.
Attachments:
• Draft Ordinance
JKT
Z:\Commission Items\2016\12-06-2016\Valencia Bldg Dev Agr\Valencia Bldg amendment staff memo. 112816.docx
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending the site plan and ordinances adopting and amending same
4 for the Valencia Building located at 6001 SW 70 th Street which site plan was
5 adopted by Ordinance 24-01-1755 and amended by Ordinance 06-10-2031; the
6 amendment permits, by right, office, business and professional uses in the first
7 floor commercial spaces.
8
9 WHEREAS, the City Commission on October 2, 2001 adopted Ordinance 24-01-1755
10 which changed the official zoning map of the City on property located at 6001 SW 70 th Street
11 and legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, (the
12 "Valencia Building") from "MO" Medium Intensity Office Zoning District to "TODD-MU5"
13 Transit Oriented Development District (Mixed Use 5) in order to permit the construction of the
14 Valencia Building, a six-story residential building with ground floor commercial uses; and
15
16 WHEREAS, in order to implement a policy of encouraging retail establishments the
17 adopted Site Plan specifically designated that all of the commercial space on the first floor of the
18 building facing SW 59th Place was to be limited to "Retail" uses as set forth in the Land
19 Development Code (LDC) Permitted Use schedule; and
20
21 WHEREAS, on February 2,2010, the City Commission amended the Site Plan approval
22 to allow office, business and personal services uses in the commercial space on the first floor of
23 the building pursuant to the Special Use permit process set forth in Section 20-5.8 of the LDC;
24 and
25
26 WHEREAS, office, business or professional uses are allowed by right in the TODD-
27 MU5 district and do not require a Special Use approval for other properties zoned TODD-MU5;
28 and
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30 WHEREAS, several office uses have been approved via the Special Use process for the
31 Valencia Building; and
32
33 WHEREAS, the Planning Board will review and make a recommendation on this
34 proposed amendment before the City Commission holds the second reading of the ordinance;
35 and
36
37 WHEREAS, the City Commission desires to remove the requirement that office,
38 business or professional uses obtain a Special Use approval in order to locate in the Valencia
39 Building.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
43
44 Section 1. The Site Plan (Section 1, Condition 1) for the property located at 6001 SW
45 70th Street, South Miami, Florida and legally described as Lots 1 through 25, Block 15, Larkins
46 Townsite Subdivision (the "Valencia Building"), as submitted to the City on September 28,
47 2001, adopted by Ordinance No. 24-01-1755 and amended by Ordinance No. 06-10-2031 is
48 hereby amended to show that office, business or professional uses, as set forth in the Land
49 Development Code Permitted Use Schedule for the TODD MU5 (Transit Oriented Development
50 District, Mixed Use 5) shall be permitted by right in the commercial space on the first floor
51 facing SW 59 th Place.
52
53 Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
54 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
55 shall not affect the validity of the remaining portions of this ordinance.
56
57 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all
58 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 4. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris: