20THE CITY 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 J. Alexander, City Manager
FROM: Jane Tompkins, AICP, Planning Director
Date: February 7, 2017
SUBJECT:
Agenda Item No. :
An Ordinance amending the Land Development Code, Article VII, "Hometown District Overlay
Ordinance", Sections 20-7.2 and 20-7.5 and Article VIII, "Transit-Oriented Development
District', Section 20-8.2 and 20-8.3 relating to the definition of "Story" and maximum building
height.
BACKGROUND:
The Hometown Overlay (HD) and Transit-Oriented Development Districts (TODD) of the Land
Development Code limit the height of a story to fourteen feet (14'). At the same time, the
overall height limits of the underlying zoning district apply to properties in the HD. The
Specialty Retail (SR) district, for example, limits building height to fifty feet (50'). With the
exception of TODD (MU5), which has a one hundred foot (100') limit, the TODD MU-4 and U-4
sub-districts are also limited by the number of stories allowed. For example, TODD (MU4) has a
two-story height limit. If each story is built at the maximum of fourteen feet (14'), the overall
building height can't exceed twenty-eight feet (28').
A ground floor height limit of fourteen feet (14') can negatively affect a building's storefront
and has proven incompatible with the space needs of many retail and commercial users.
ANALYSIS:
By eliminating the fourteen feet (14') restriction on story height, developers and designers will
be able to create spaces that better fit the needs of the end-users, but the overall maximum
building height will be unchanged.
PLANNING BOARD ACTION:
The Planning Board will review the proposed ordinance before second reading.
RECOMMENDATION:
It is recommended that the City Commission approve the ordinance after second reading.
Attachments:
• Draft Ordinance
1 Ordinance No. ________ _
2 An Ordinance amending the Land Development Code, Article Vll, "Hometown
3 District Overlay Ordinance", Sections 20-7.2 and 20-7.5 and Article vm,
4 "Transit-Oriented Development District", Section 20-8.2 and 20-8.3 relating to
5 the definition of "Story" and maximum building height.
6 WHEREAS, the City of South Miami regulates development within its boundaries through its
7 Land Development Code (LDC); and
8 WHEREAS, the LDC includes Article VII "Hometown District Overlay" (HD) and Article VIII,
9 a zoning district known as the Transit-Oriented Development District (TODD); and
10 WHEREAS, both the HD and the TODD are intended to encourage mixed-use
11 commercial/residential developments; and
12 WHEREAS, the definition of "story" in articles VII and VIII limit the maximum height of a
13 story to fourteen (14) feet; and
14 WHEREAS, the underlying zoning district contained within the HD and the TODD district are
15 subject to both maximum building height restrictions and a maximum number of stories; and
16 WHEREAS, limiting ground floor heights to fourteen (14) feet negatively affects the building's
17 storefront and is incompatible with many retail uses and the space requirements of retail and other
18 commercial uses; and
19 WHEREAS, the City wishes to encourage retail uses in the HD and TODD districts and remove
20 impediments to their success by removing the fourteen (14) height limit and allowing individual site plans
21 to determine the height of the ground floor; and
22 WHEREAS, buildings in the HD and TODD will still be subject to the applicable overall
23 maximum building height; and
24 WHEREAS, the Planning Board will review and make a recommendation on the proposed
25 ordinance prior to the second reading.
26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
27 OF THE CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1. South Miami Land Development Code Article VII, "Hometown District Overlay
30 Ordinance", Section 20-7.2 "Intent, applicability, boundaries, permitted heights, densities, intensities, and
31 mixed use standards" is hereby amended to read as follows:
32 * * *
33 (D) Permitted Heights, Densities and Intensities: The following standards shall be applicable
34 within the HD:
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37
(1)
(2)
(3)
Maximum Height: 4 stories~
Maximum Residential Density: 24 units/per acre
Maximum Floor Area Ration for the Total Development: 1.6
38 * For the purposes of this Article, the overall maximum height shall be no greater than 56 feet.
39 Section 2. South Miami Land Development Code Article VII, "Hometown District Overlay
40 Ordinance", Section 20-7.5, "Definitions" is hereby amended to read as follows:
41 20-7.5 Definitions.
42 * * *
43 Story: The horizontal division of a building between the surface of a floor and the surface of the
44 next floor above, or the next ceiling if there is no floor above. For the purposes of these regulatioRs a
45 story shall be iRterpreted as eaeh ,<,ertieal uRit of fourteeR (14) feet maximum, e.g. a ORe floor eiRema
46 tweRty two (22) feet tall shall be eORsidered a two story buildiRg.
47 * * *
48 Section 3. South Miami Land Development Code Article VITI, "Transit-Oriented
49 Development District", Section 20-8.2, "Definitions" is hereby amended to read as follows:
50 * * *
51 Story: The horizontal division ofa building between the surface ofa floor and the surface of the
52 next floor above, or the next ceiling if there is no floor above. For the purposes of these regulatioRs a
53 story shall be iRterpreted as eaeh 'Iertieal URit offourteeR (14) feet maximum, e.g. a ORe floor eiRema
54 tV/eRty two (22) feet tall shall be eORsidered a two story building.
55 * * *
56 Section 4. South Miami Land Development Code Article VIII, "Transit-Oriented
57 Development District", Section 20-8.3, "Creation of TODD subcategories" is hereby amended to read as
58 follows:
59 * * *
60 (D) Permitted Heights: With the exception of TODD (MU-5), in no case shall the overall
61 building height exceed the number of permitted stories multiplied by fourteen (14) feet.
62
63
64
65
(a)
(b)
(c)
TODD (MU-4): 2 story maximum
TODD (MU-5): 2 story minimum: 4 story maximum;up to 8 stories with bonus.
Maximum height 100 feet.
TODD (LI-4): 2 story maximum
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67
(d)
(e)
TODD (PI): Building height compatible with surrounding districts
TODD (PR): Public parks and open spaces
68 Section 5. Codification. The provisions of this ordinance shall become and be made part of
69 the Land Development Code of the City of South Miami as amended.
70 Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is for
71 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
72 affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.
73 Section 7. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
74 and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 8. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2017.
ATTEST:
CITY CLERK
1st 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 Edmond:
Commissioner Harris:
Commissioner Liebman:
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