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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: Page 1 35 36 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 Page 2 66 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. 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 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: Page 3