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Ord No 07-19-2320
Ordinance No. n'7 _ 1 9_ 2 3 7 p An Ordinance modifying the following sections of the Land Development Code: Section 20-3.1 Zoning use districts and purposes (A) and (B); Section 20-3.3 Permitted Use Schedule; Section 20-3.4 Special Use Conditions, and Article VIII, Transit -Oriented Development District, Sections 20-8.1 through 20-8.17. WHEREAS, the City of South Miami established the Transit -Oriented Development District (TODD) zoning and adopted related land development regulations in 1997; and WHEREAS, development and redevelopment in the TODD have been slow to occur since then; and WHEREAS, the City retained Calvin, Giordano & Associates, Inc. (CGA) to help determine whether the current TODD boundary and applicable policies and regulations serve the vision for that district effectively; and WHEREAS, the consultant analysis recommended amending the City's Land Development Code sections related to the TODD to complement and implement amendments proposed to the Comprehensive Plan future land use categories, the Future Land Use Map, and the Zoning Map, all related to the TODD; and WHEREAS, on February 12, 2019, the Planning Board held a public hearing and recommended approval, with a vote of 4 to 3, of the proposed text changes provided additional living models were included; and WHEREAS, the City Commission wishes to accept these recommendations; and WHEREAS, the proposed Code amendments advance and implement Policies FLU 1.1.1 and 3.1.4 of the Future Land Use Element of the Comprehensive Plan related to the TODD, and are in compliance with Section 20-5.7 of the City's Land Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. The City's Land Development Code Sections 20-3.1, 20-3.3, 20-3.4, and 20- 8.1 through 20-8.17 are hereby amended to read as follows: Page 1 Ordinance No. 07-19-2320 20-3.1(A) Zoning use districts and purposes A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into thirty-one (31) zoning use and overlay districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20- 3.3(D) Standards shall be uniform throughout each zoning use district. District symbols and names shall be known as: Symbol Name RS-1 Estate Residential RS-2 Semi -Estate Residential RS-3 Low Density Single -Family RS-4 Single -Family RS-5 Single -Family (50' lots) RT-6 Townhouse Residential RT-9 Two-Family/Townhouse Residential RM-18 Low Density Multi -Family Residential RM-24 Medium Density Multi -Family Residential RO Residential Office LO Low -Intensity Office MO Medium -Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TODD (MU-4) Transit -Oriented Development District (Mixed Use-4) TODD (MU-5) Transit -Oriented Development District (Mixed Use-5) TODD (Mu-d) Transit -Oriented Development District Mixed Use-6 TODD (bi 4) Transit Oriented Development 964WA (Light lfldki4fiai 4) TODD (PI) Transit -Oriented Development District (Public/Institutional) TODD (PR) Transit -Oriented Development District (Parks & Recreation) PUD-R Planned Unit Development -Residential PUD-M Planned Unit Development -Mixed Use PUD-H Planned Unit Development -Hospital HP-OV Historic Preservation Overlay HD-OV Hometown District Overlay CS-OV Community Service Overlay H Hospital Page 2 Ordinance No. 07-19-2320 PI Public/Institutional PR Parks and Recreation MU-AH Mixed -Use Affordable Hoilsing (Two -Story) R Religious (B) District Purpose Statements. (16) - (20) "TODD", Transit -Oriented Development District: (includes subdistricts TODD (MU-4) TODD (MU-5), TODD (MU-0 , TODD (PI), and TODD (PR)) The purpose of this district is to maximize and support the presence of a mass transit center located within walking distance of the boundaries of the district. The TODD Distr-iet is intended to provide for the development of office uses, effiee seFviees, o fic elated ; eWi:, retail, �•^ L' ., ^�, and residential uses and related services in multi -story and mixed -use projects that are characteristic of transit -oriented developments. Regulations provide for the continuation of existing light industrial uses, but encourages redevelopment through land assembly,flexible building heights, design standards, and performance -oriented incentives. The district is appropriate in areas designated "Transit -Oriented Development District" on the City's adopted Comprehensive Plan and Future Land Use Map. 20-3.3 Permitted Use Schedule. (A) Type of Permitted Uses. (1) Uses permitted by right or as a special use in each district shall be determined from the Permitted Use Schedule in Section 20-3.3(D). (2) All uses shall comply with: (a) Any specific special use conditions referenced and set forth in Section 20- 3.4; (b) All off-street parking requirements referenced and established in Section 20-4.4 other than as modified for the Article VIII of this Chu ter; and (c) All other applicable requirements of this Code. SECTION 20-3.3(D) PERMITTED USE SCHEDULE Page 3 Ordinance No. 07-19-2320 P - PERMITTED BY RIGHT S - PERMITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20-3.4) PARK = PARKING REQUIREMENTS (See Section 204.4(B. and as modified by Article Vill for TODD arkin ) X = No conditions were adopted ZONING DISTRICT T T T T T T L O O O 00 0 USE TYPE RRRRRRR M R M R L M N S G M U- D D D D D D O f) H P R P C O P A S S S S S T T 2 0 0 0 R R R A I R N R 1 2 3 4 5 6 9 g 4 H M M M D K U U U D P P 4 5 6 4 I R PLANNED UNIT DEVELOPMEN S S S S S S S S S S S S S S S S S 8 T RESIDENTIAL USES Boardinghouse I pip[ P P P P P g Dwelling, Single- P P P P P P P P P S 17 1 Family Dwelling, Tourist PIP P P P P P 1 1 3 Dwelling, P P P P S P P P P P 17 2 Townhouse Dwelling, Two- P P P S P 17 1 Family Page 4 Ordinance No. 07-19-2320 Dwelling, Multi- IP p S PI I p p p p Ia 17 3 Family Community Residential Home, P P P P P P 1 7 or more Group Home 1 Licensed (6 or S S S S S S S S S S S S S S 15 1 less) Group Home I1 Unlicensed (6 or S S S S S S S S S S S S S S 15 1 less) Home Occupation P P P P P P P P P P P P P P P 12 1 Live-workLt_L S S S LL I 27 3 PUBLIC AND INSTITUTIONAL USES Adult Congregate S S IS IS I S S SI 1 1 113 1 Living Facility Convalescent p p p p p p� 13 Home Adult Day Care S 1 125 Facility Child Care Facility (7 or more S S S S S S S S P P S F P S P P 23 10 children) Early childhood child care, Pre-K, P P P P P S 12 P P P Pre -School Fraternal Organization or S S S S S P P P P-P S I S 2 9 Private Club Governmental p p p p p p P p p P p 10 Administration Hospital S 14 5 Mobile Pet P P P P P P P P P Grooming Service Museum, Library p p p p p p p p g p p 12 or Art Gallery Grecnway, Park,. Plaza, or P P P P P P P P P P P P P P P P P P P P P Playground, Public Social Services S S S S S Is S S ISIS1 S 10 Agency Page 5 Ordinance No. 07-19-2320 EDUCATIONAL USES School, Elementary or S S S S S S ;3 S 23 12 Secondary School (ancillary to principle use), P 12 Church School, Private or S S S S S$ S 23 12 Charter School, Vocational S S S S S S 23 12 RELIGIOUS USES Church, Temple, Synagogue or IsS S S S S P 1 6 Mosque ZONING DISTRICT T T T T T T O O 0 9 0 0 M D D D O D D C P USE TYPE R L M N S G U D D D O D D H P P O A O O O R R R A I R N R H M M P P D K U U 1�4 I R 4 5 BUSINESS AND PROFESSIONAL SERVICES Accessory Medical Services P P P P I S 1 18 7 Accounting and Auditing Services P P P P P P P P lz 10 Acupuncturist P P P P P P P P P 9 Advanced Registered Nurse Practitioner P P P P P P -P 9 Advertising Agency P P P P P P P P P 10 Animal Hospital or Veterinarian S S S S S P 21 12 Architectural Services P P P P P P P P P 10 Automobile Parking Structure P P P P-11 Automobile Rental Agency S S S S 22 ** Automobile Repair and Body Shop S S I 11 Automobile Repair S S 9 11 Automobile Upholstery and Top Shop S Is 11 Page 6 Ordinance No. 07-19-2320 Automobile Washing/Detailing $ 10 11 Operations Bank or Savings Institutions, Mortgage P P P P P P P-P 11 Banking/Mortgage Brokerage Beauty/Barber Shop, or Beauty Spa (includes nail/skin care as accessory or as S S P P P P P P P -P 16 11 separate establishment Bed and Breakfast I P I P P I P P P 4 Billiard Parlor I S 'S 11 Bowling Alley or Skating Rink I S S 11 16 Bowling Alley/Restaurant/Entertainment Is S S 16 Center Building Contractors Office P P P P P P P I1 10 Carpet Cleaning Service S 11 Catering Services P P 11 Chiropractic Office or Clinic P P P PIP P P I P P I- S 1 1 14 9 Counseling Services P I P P P P P P P P P P 10 Contractor Plant and Storage I &1 14 Computer Supplies and Services I P P P P P P P P P- 11 Credit Reporting Services P P P P P P P I- 10 Dentist Office PIP P P P P P P P -P IP 9 Dry Cleaning Substation (no processing) S S P I P I P P P P P I- 16 11 Dry Cleaning Plant S S S S S S 91 1 7 11 Employment Agency P I P P P P P P I t. 10 Engineering Services P P P I P P P P P 1 P- 10 Film Processing Substation S S P I P P I P P P I I- 16 11 Funeral Home S S I I I 1 3 11 Hotel or Motel P P I P I P I P P P R 4 Insurance Agency PIP P P P P P P P I- 10 Interior Decorator, Showroom and P P P P P P P-P 10 Salesroom Interior Decorator, Office only P P P P P I P PP I I I 1 10 Investigative Services P P P P P P I P P -P 10 Investment and Tax Counseling P P P P P P P P -P 10 Laboratory, Medical or Dental P P P P P P P P la P 9 Laundromat P P P P P P -P 11 Page 7 Ordinance No. 07-19-2320 Law Office P P P P P P P P P 10 Lawn Maintenance Services I I I I I is 11 Loan or Finance Agency P I P I P I P P I P P P 10 Mail and Parcel Center P I P PIP P P P I P P P 10 Market Research Services P P I P I P P P P P P 10 Massage Therapist P P I P PIP P P P P P P 9 Medical Office P P I P I P P P P P P P 9 Messenger or Courier Services P I P I P P P P P P 11 Mobile Automobile Wash/Wax Service S S S S S S S S S S S S S 20 N/A Notary Public P P P PIP P P P P P 10 Office, Business or Professional * 50% of ground floor square footage P P P P P* P P P P P 10 must be retail uses. Opticians or Optical Goods,--Shewreeffi P P P P I P I P P P P P I 1 9 P P I P P I P P P P P I 1 9 Rest C; ,fitFet Sep, e5 $ 44 Personal Skills Instruction Studio IP P P P P P PI P P P 10 Photographic Studio S S P P P P P P 16 11 Physical Fitness Facility S S P P P P P P 1 16 11 Physical Therapist P P P P P 1P P P P 1 9 Picture Framing Store P P P P P P I 11 Planning and Zoning Consultant P P P P P P P P P 10 Psychologist P P P P P P P 9 Public Relations Services P P P P P P P P 112 10 Quick Printing P P P P P P P P P P 11 Radio and Television Repair Shop I I I P S 11 Real Estate Agency P P P P I P P P P P P 10 Reproduction and Stenographic Services P P P I P P P P P 11 Research and Development, Incubator P P P 14 Reupholstery and Furniture Repair S S S 12 Services Shoe Repair Shop PIP P P P P P 11 Stock Brokerage P P P P P P P P P 10 Tailor or Seamstress P P P I P P P I 1 1:11:1 Page 8 Ordinance No. 07-19-2320 Tanning Studio 1p 1PI p 11 ** is� $ 44 Telephone Answering Services P P P P P P P P P 11 Tutorial Services PIP P P P P P P P 11 Auditorium, Theater or Cinema P P P P P P 15 Travel Agency P P PIP P P P P P 10 Watch and Clock Sales and Repair P P P P P P 11 P P P P P P P 44 RETAIL AND WHOLESALE TRADE Air Conditioning Sales and Services P P P 11 Antique or Curio Shop P P P P P P P 11 Automobile Accessories and Parts S I P P I X I 11 Automobile Dealer S I 1 9 11 Bait and Tackle Shop P P 11 Bakery P P P P P P P 11 Bicycle Sales and Services P P P P P P P 11 Boat Dealer S 1 9 11 Book or Stationery Store S S P P P P P P P 1 16 11 Business Machine Sales and Services P P P P P P P 11 Camera and Photo Supply Store S S P P P P P P P 16 11 Carpeting or Flooring Sales P P P P P P P 11 Clothing or Apparel Store (new only) P P P P P P P 11 Confectionery or Ice Cream Parlor S S PIP P P P P P P 1 16 8 Consumer Electronics or Music Store I P P P P I P P P 11 Cosmetics Store I P P P P I P P P 11 Dairy Products Store PIP P I p P I P P P 8 Deli PIP P I P P I P P P 8 Department or Dry Goods Store P P I P P I P P P 12 Drinking Place Lz ounge S S S S I P S S S 8 1 1 16 7 Drug, Pharmacy or Sundry Store S S P P P I P P P P P 1 16 11 Fabric or Drapery Shop P P I P P P P P I I 11 Florist Is S P P P P PI P L, 16 11 Gasoline Service Station I I S 1 1 5 11 Page 9 Ordinance No.07-19-2320 Grocery Store (over 4,000 sf gfa) I I P P P P P P 8 Gift, Novelty or Souvenir Shop S S I P P P P P P -P 16 11 Glass and Mirror Sales and Services P P 11 Hardware Store P P IP P P P P 11 Heavy Machinery Sales, Rental and 11 Services Hobby, Toy or Game Shop IS IS I P PIP P P P 16 11 Household Appliance Store I P P P P P P P- I I 11 Home Furniture or Furnishings Store I P P P P I P P P 11 Jewelry Store S S P P P P P P -P 1 1 116 11 Lawn and Garden Supplies I P -P 11 Lawnmower Sales and Services P -P 11 Lighting Fixtures Store P P P P P P P 11 Liquor Store S S P S S S 8 1 1 11 Luggage or Leather Goods Store P P P P P P p- 11 Lumber and Building Materials Store S 8 11 Medical Marijuana Retail Center S S Is 24 9 Medical Marijuana Processing Center S 24 9 Mobile Food Vendors P P * N/A m... u ffieR4 Cniac P- 44 Motorcycle Dealer S 1P9 11 Ne's hborhood Convenience Stare 26Newsstand t SS PP P P P - 16 11 Office Supplies S S P P P P P- 16 11Paint Glass and Wallpaper Store P P P P -P 11 Pet Sales or Grooming Services P P P P P P-P 11 Plant Nursery or Greenhouse P P 11 Plumbing Shop Fixture Sales P P P 11 Poultry, Meat or Seafood Market P P P P P P P- 11 Recreational Vehicle Dealer S 9 11 Restaurant, Accessory S S P ,S 16 N/A Restaurant, Convenience I I S I P $ 4a 7 Restaurant, General P P P P P P P 12 4b 7 Restaurant, Walk up P P P P P P P 4c 7 Page 10 Ordinance No. 07-19-2320 Sewing, Needlework or Piece Goods P P P P P P Store Shoe Store I 1P P P P P P P I 1 11 Sporting Goods Store P P P P P P P 11 Tea Room P P P P P 12 Tobacco Shop S S P P P P P P P P 16 11 Used Me es..andi ReFei Antiques P P P P P P P 44 Used Merchandise Store: Consignment S S S S S P d I 6 11 Goods I I Used Merchandise Store: Secondhand S S Sj 1 1 6 11 Goods Used Merchandise Store: Vehicle Parts Ssl 1 6 11 Variety Store P P P P P P P 11 Wholesale Sales and Storage P 13 * Revised January 15, 1991 by Ord. No. 3-9i-i406 unaer section 15-6-3, rnisuunanuuus provisions, South Miami Code of Ordinances (see text at end of table). * * Parking requirement category; 1 space per 300 sq. ft. gross floor area. *** This activity is pennitted as of right if it does not include sale of alcoholic beverages. Otherwise. it shall be approved as a Special Use Sec 20-3.0 and will be sub'ect to the requirements of Chapter 4 of the South Miami Code of Ordinances. ZONING DISTRICT T T T T T T M O O D 8 0 0 C P USE TYPE R L M N S G U D D J� D D D P P O A O O O R R R A D D P D D H I R N R H M M M b P P D K U U U I I R 4 5 6 4 TRANSPORTATION, WAREHOUSING AND COMMUNICATIONS Radio and TV Broadcasting Station P P P P P P P P P 12 Bus, Transit. Taxi Limousine or On - Demand Vehicle Service Facility of P P P P S P 12 Page 11 Ordinance No. 07-19-2320 Food Storage LockerF 12 Material Storage Yard 12 Parking Lot, Commercial P P P P P P1"IP P Storage Garage 1141 Transfer and Moving Company 14 Vehicle and Truck Storage 14 Public Warehousing and Storage S 14 MANUFACTURING AND INTENSIVE USES Apparel Products S lP 14 Cabinet Making and Millwork S 12 14 Food Products (no abattoir of S lz 14 distiller`) Furniture and Fixtures S -P 14 Machine Shop S -P 1141 Ornamental Metalwork Shop S lz 14 Paint and Allied Products S lz 14 Printing, Publishing or Bookbinding S lz 14 Sign Painting and Lettering Shop S lP 14 Stone Cutting and Processing F 14 Tire Vulcanizing and Retreading lz 14 Upholstery Shop S lz 14 Small -Scale and Custom S 28 14 Manufacturing Business Artist Studio S S 28 14 20-3.4 — Special use conditions. Page 12 Ordinance No. 07-19-2320 Any of the following special uses may be approved and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20-3.3), and that such use complies with the following general and special requirements, as well as any other conditions that the City Commission may consider appropriate and necessary: (B) Special Requirements. 25 ADULT DAY CARE FACILITY (a) Adult day care facilities shall be licensed under the Health Care Licensing Procedures Act. Part II of Chapter 408 F.S. and subject to Part III of Chapter 429. F.S. b Hours ofoperation shall be less than 24-hours l2er day. (c) Parking and passenger loading zones shall be provided for employees and visitors and reserved passenger pick-up/drop-off areas pursuant to Sec. 20- 8.8. (d) The facility may transport clients to and from the facility by vanpoo_ling. Provisions should be made for parking and storage when the vehicles are not in use. (26) NEIGHBORHOOD CONVENIENCE STORE THAT INCLUDES SALE OF ALCOHOLIC BEVERAGES (a) Neijzhborhood convenience stores shall be subject to these conditions one if the store includes sale of alcoholic beverages. Stores that do not sell alcoholic beverages are permitted as of right. b The sale of alcoholic beverages requires licensing from the City and the State of Florida and is subject to all applicable requirements of Chapter 4 of the South Miami Code of Ordinances. c Parkin for this use shall be provided pursuant to Sec. 20-8.8 C 2. (27) LIVE -WORK UNITS (a) At least one resident in the unit shall maintain a valid Business License for the business on the premises. (b) Operation. i. Deliveries for nonresidential uses that are part of live -work and work -live units shall be limited to the hours of 8:00 AM to 8:00 PM. Page 13 Ordinance No. 07-19-2320 ii. The nonresidential use must not generate traffic in volume or type in excess of that normally occurring by uses in the surroundin neighborhood. iii. Live -work units shall not be used for storage of flammable I ig uids or toxic hazardous materials, which means any and all materials, substances waste or chemicals classified under apl2licable governmental laws, rules or regulations as hazardous or toxic substances materials waste or chemicals. 28) ARTIST STUDIO fat Artist studios are subiect to the same conditions as light industrial uses per Sections 20-8.7 (S) and JQ. b Artist studios may be 12art of live -work units. When that is the case this use is subiect to the special re uirements of Section 20-3.4 c The use must not generate traffic in volume or type in excess of that normally occurring by uses in the surrounding neighborhood. () All activity must be carried out within the building or unit, including the storage of materials. e Mass production and assembly line techni ues are not be allowed in artist studios. No more than two 2persons shall practice or be employed at one time per artist studio. ARTICLE VIII. - TRANSIT -ORIENTED DEVELOPMENT DISTRICT (TODD) 20-8.1 - Purpose. The purpose and intent of this regulation is to maximize and support the presence of a dedicated mass transit center located within walking distance of the boundaries of the pfopesed dist TODD. The maximum utilization of that facility will be achieved by surrounding this major mass transit facility and is with a zoning district that is designed to encourage a mix of high density intensity uses, speeifieal3, particularly multi -family_ residential, retail, service and office uses. tk While this district alre-w+44 provides for the continuation of existing light industrial uses, but earaeu_ages redevelopment for m ixed-usepurposes is encoura&ed throughout the T4_a sit n_ _nt d Development Pint.-iet TODD through flexible and performance -oriented zoning and other regulations and incentives. Page 14 Ordinance No. 07-19-2320 The TODD mien is intended to meet multiplegoals: promote efficiency of land use-,• reduce the combined housing and transportation costs for households by providing diversity of housing options and alternatives to automobile travel; support healthier lifestyles by facilitating a pattern of development that encourages walking, biking and transit use as art of everyday travel behaviors. decrease vehicle miles traveled VMTs and the volume of vehicular traffic; reduce the costs of delivering public services b encourap-ing infill and redevelopment: capitalize on and facilitate public investments in transit infrastructure; and provide convenience; by establishing a harmonious mix of uses ail within a pedestrianjealed and multimodal transportation -friendly environment. The -r...._sit O `emed Developmen! Disjrie4 TODD regulations is are designed to encourage a strong base of diverse residential development, coupled with the a;npk4-,T provisions for com lementar retail services and local employment opportunities., all within acceptable walking distances. To accomplish this these goals, the code 4e&4egethff facilitates intense new development and redevelopment, combined with a high -quality pedestrian environment. T aeoemplis that is achievable through a series of development bonuses and the application of strict design standards that fies t„a6e" Rsidenticl devel s 20-8.2 - Definitions. Terms used throughout this QFdinanse Article shall take their commonly accepted meaning unless otherwise defined in the Code. The definitions in this Section shall only be used in this Article. When there are conflicts between the Code and this Ofdinane Section, this Ordinanee Section shall control terms requiring interpretation specific to this 04e as follervsArticle. The terms as used in this Article shall have the followin meaning: Accessway: A street or driveway which traverses a parcel providing access to an abutting street, alley, or other vehicular use area. Adult day care: Any non-residential facility, whether operated for profit or not. that supports the health, nutritional, social, and daily living needs of no less than three 3 adult persons in a professionally staffed rou setting. Adult day care facilities shall not offer overnight stays or medical treatment but provide basic services for part of the day only. Basic services include but are not limited to: therapeutic ro rams• social and health activities and services; leisure activities; self -care training; nutritional services: and respite care. Page 15 Ordinance No. 07-19-2320 Affordable housln : Refers to housing that is attainable by residents making between 60% of Area Median Income (AMI) and at or below 80% AMI as published annually by the U.S. Department of Housing and Urban Development (HUD). Artist Studio: A space which is used by a maximum of two 2 individuals working on a professional basis in the fine or al2plied arts and in artisan - related crafts such as Vainting,sculpting, potteEy. small-scale metalworkin and similar activities. An artist is a person who is regularly engaged in and who derives a substantial portion of hivber annual income from the creation and sale of art. Light industrial use: Uses en aged in the manufacture, predominantly from previously prepared materials of finished products or parts, inc luding, processing, Fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Light industry may include research and development activities as well as certain repair, restoration or refurbishing activities Light industrial activities, as defined herein. do not produce noises, vibration. noxious fumes or other hazardous byproducts perceivable be and the property line, and it has limited auxiliary storage structures that are visually shielded from view from the street and from any residences. Live -work unit: A mixed -use unit that includes both residential and flex sl2ace which m4y be used for commercial office or small-scale/light manufacturin work activity. Separate entrances may be available for the live and work portions of the unit. Lot coverage: The percentage of the gross area of a given lot which contains buildings. Lot frontage: The property line adjacent to the primary street right-of-way. Micro unit: A small studio apartment, jyni:cally less than 350 square feet with a fully functioning kitchen and bathroom and purpose-built to maximize the efficient use of space. Neighborhood convenience store: An establishment occupying less than 4.000 s uare feet of space in a mixed -use building. primarilyengaged in the provision of frequently or recurrently needed goods for household consumption such as prepackaged food and beverages and limited household supplies and hardware. There shall be no on -site preparation of ready -to - consume food or for consumption in the store. Neighborhood convenience stores may only be located on the ground floor of mixed -use buildings in the Page 16 Ordinance No. 07-19-2320 TODD MU-5 and TODD MU-6 zoning subdistricts, and are for the convenience of the residents, employees and visitors of the building. A neighborhood convenience store does not have fuel pumps, nor does it offer fuel for motor vehicles or automotive service items. Small scale and custom manufacturing business: A business in which manufacturing, production and related services are done on a small or micro scale. with a dedicated production space of less than 5,000 square feet. using clean technologies and 10 or less employees, to meet specialized or individualized demands or cater to a small -volume market. Story: The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. All stories are counted towards the maximum building height, but there is no limit on the height of a story. Workforce hnusfng • Refers to housing that is attainable by residents making between 80% of AMI and at or below 120% AMI as published annuaIlyby the U.S. HUD (Also referred to as Attainable Workforce Housing). 20-8.3 - Creation of TODD subcategories. (A) For purpose of recognizing the existing patterns of land use, the need to encourage a logical mix of land uses, and the need to promote a higher density of uses together with practical development bonus opportunities, the following sub -categories (zones) are hereby created: (1) "TODD (MU-4)" Mixed -Use 4 (2) "TODD (MU-5)" Mixed -Use 5 (3) "TODD (MU-6)" Mixed -Use 6 "TODD " (4) "TODD (PI)" Public / Institutional (5) "TODD (PR)" Parks and Recreation (B) The boundaries of the Transit -Oriented Development District and the sub- categories shall be indicated on the City's Official Zoning Map and also shown on the Regulating Plan Graphic, as presented in Section 20-8.17. (C) Permitted Uses: (1) There are five use categories within the TODD district: Residential Uses, Commercial Uses, Light Industrial Uses, Public/Institutional and Parks and Recreation. (2) The uses permitted in each TODD sub -category shall be as follows: (a) TODD (MU-4): Residential Uses, Commercial Uses. (b) TODD (MU-5): Residential Uses, Commercial Uses. Page 17 Ordinance No-07-19-2320 (c) TODD (MU-6): Residential Uses. Commercial Uses and certain Light Industrial Uses under specific conditions including those existing see Sections 20-3.3 and 20-8.7 . The minimum land area of a redevelopment site in the MU-6 subdistrict shall be one-half (0.5 acre. Developers who voluntarily assemble larger redevelopment sites of at least one 1 acre in this subdistrict are eligible to request a building height bonus pursuant to Section 20-8.10. TODD (LI 4). Residential Uses, Geminer-eial Uses, Light hidusti-lal W (d) TODD (PI): Public/Institutional which include s-Schools, gGovernmental facilities, utilities, churches and other similar uses, as well as all other uses permitted in the other TODD sub -categories. All uses in the TODD (PI) whether or not adopted from other TODD sub- categories, shall otherwise be in accordance with all the other development regulations of TODD (PI), unless the City Commission determines by special exception that the development regulations in the other TODD sub -category from which a permitted use was adopted should also apply to that adopted use that was adopted in the TODD (PI). (e) TODD (PR) Public parks and open spaces. (3) A description of the specific uses permitted in each of the major use categories is provided in the Section 20-8.4 through 20-8.7. (D) Permitted Heights: With thea e*Weption efTODD (MU 5), in no ease shall the F:-.uFteen (1 Al feet. (a) TODD (MU-4): 2 story maximum with the overall maximum buiIdin height twenty-eight (28) feet. (b) TODD (MU-5): 2 story minimum: 4 story maximum; up to 8 stories with bonus per Section 20-8.10(A). Maximum height 100 feet. (c) TODD (MCI-66): 4 story min imum,8 story maximum. and up to 12 stories through bonus per Section 20-8.1 O(B). Maximum height of 150 feet. TODD (i S_ 4). `ice+...-y maximum (d) TODD (PI): Building height compatible with surrounding districts (e) TODD (PR): Public parks and open spaces 20-8.4 — Residential use. The following residential uses are permitted in these zoning classifications that specify this category within the Tz=�.a TODD. (A) Floor Area. The following are minimum requirements for floor areas for the apartment units as specified: Micro Units 290 square feet Page 18 Ordinance No. 07-1 9-2320 Efficiency/Studio 400 square feet One Bedroom 550 square feet Two Bedroom 700 square feet Three Bedroom 850 square feet (B) Density„ aAs many units as may be peFmi*ed as can be provided with rcquired_parking. A minimum density of 50 dwelling units per net acre shall be provided in the TODD (MU-5) and TODD (MU-5) subdistriets. (C) Residential ead Wging uses, as permitted with required parking as netedreauired by 4-sSection 20-742-8_8. Residential uses are permitted on the first floor but encouraged to be on the upper floors of vertically mixed - use buildings. Ail new residential and mixed -use developments in the TODD MU-5 and TODD (MU-6) subdistricts that include a residential component, must include either workforce or affordable housing, as defined in Section 207 8.2 or a combination of these two types of housing, that is a ual to or greater than ten percent 10% of the new dwellings. The owner or the Develol2er shall record a covenant running with the land. the form of which must be approved by the City Attorney and City Manager. executed by the owner and binding u on the property owner, as well as all successors in interest and assigns, for a minimum term of 30 years and fimiting the use of these units as well as any units 12rovided in order to gain a bonus floor Dursuant to Section 20-8.10. to workforce or affordable housing rentals. A status report on the rental of the workforce and affordable housing shall be 12rovided to the City on an annual basis and shall include the unit number, the number of family members occupying the unit and the amount of the rent collected for each unit. Rents charged for workforce and affordable housing units shall not exceed thirty ercent 30% of a household's adjusted gross income. (F) The horizontal mixing of stand-alone residential developments and adjacent stand-alone nonresidential or nonresidential mixed -use developments is allowed in the TODD. but they must be well -integrated in terms ofcomplementary uses access and circulation and cam atible design. (G) Impact fees shall be waived for the fraction of floor area devoted to workforce or affordable housing. 20-8.5 - Commercial use. The following classifications and uses with thud corresponding parking requirements share be permitted within the `"�TODD: (A) Storefront uses, as indicated in section 20-7.12. Page 19 Ordinance NcL 07-19-2320 (B) Office uses, as indicated in section 20-7.12 and all uses in the Business and Professional Services Group, as indicated in section 20-3.3 4. Bowling alley or skatingrinic. 20-8.6 — Special provisions. (A) All of the above uses are permitted on the first floor as well as successive floors. (BE) No "drive-thru's" except for banks, are permitted. 20-8.7 — Light industrial use. The following uses are permitted in this category provided they include the ale*g with the required parking for these uses: (A) All retail and wholesale trade uses as indicated in section 20-3.3 pt (2) Beat dealers. rat Gasoline sen,iee stations. (B) Manufacturing and intensive uses, as indicated in section 20-3.3 r, ovided that there is no outdoor storage of materials and products, all manufacturing. rebuilding, storing or renovating operations are carried on entirely within an enclosed buildingwith ith appropriate ventilation, the operation does not produce any noises, vibration, noxious fumes or hazardous byproducts perceivable beyond the property line and it has limited auxiliary storage structures that are visually shielded from view from the street and from any residences. (C) Special conditions. LU Industrial uses are limited to the first floor of mixed -use buildings e*, and such floors shall have a height no highef greater than 20 feet. (2) Light industrial uses that include retail or showrooms may be built to the sidewalk if such areas are fronting, on major pedestrian streets. Loading docks shall be oriented to the rear or side of the site. 3 To minimize noise pollution of light industrial uses in mixed -use buildings, special attention must be given to wrapping i es sealing connections shortening strategic floor spans, and using products like cork board and baffling, -to minimize the transmission of sound vertically and through ducts and chases. Page 20 Ordinance No. 07-19-2320 20-8.8 - Parking. (A) T. �P. TODD Parking Regulations. Parking in the T: 44=�TODD must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. Alf required parking is subject to the standards provided in Section 20-4.4 of the LDC, except as otherwise provided for in this Section. The Hemet&Na Nst. nt Parking Gemmiaeea shall „ , u ,.,f.. 6�Lr tght B .1„�e iefE . safety, and m o en! 4pai4eing sh 11 wise be „ensible f8F this u.i ::.,iadistricT t a well. (B) Required Parking. Within the T.O D D. Pi-Ar" 't TODD, the following adjustments to the number of parking spaces required by Section 20-4.4 (B) of the Code are provided: 4- , adjustmen�s OF bonus as indieated in the bonus 1-2L. All outside parking to be located at the rear of building, ilf ffet feasible, otherwise it must be located at theft the side of the building, asFieted in in accordance with this Ssection. 23. Parking spaces on fhe sifeets-ift along the front or side streets of property may be counted toward parking requirement. A At leas. Zn/ ef i . d IR . „_ast be ke r eth �a-rs.,.0 F;.ui �ii� ii � u.�a v �1.,�.n�. �.�i u.a vc<<.,� •r �.ae 36. Off -site parking is permitted with eefitFaetual obligations 0 in accordance with section 20-4.4, except that the distance requirement shall be extended to any location within the boundaries of the TODD and lea long-term lease may be substituted for the Unity of Title if the owner and the lessee. if any, agree to the revocation of any applicable business tax receipt if the lease expires or is terminated and no alternative and allowable off -site parking or on -site parking is provided for in accordance with this Section. Thal lease sh 46. Parking fees shall be permitted under this Section the ^r-in-an 3. .aa:Fien the disc,-. � . „t stall be amended to allew for- i an), 5.9. No open-air storage of vehicles is permitted. 6. Parkina for bicycles shall be orovided in safe, convenient, accessible locations and Vrotected from the elements if possible. Accessible routes shall be provided between the required bicycle parkin and nd any public bicycle lanes aths or routes on adjacent streets. 7. In the case of a Lar a -Scale Developments see Sec. 20-8.9 the Cit Commission ma re uire Mace for bikeshare rideshare valetparking- Page 21 Ordinance No. 07-19-2320 shared parking, pick-up and drop-off by on -demand rides, and/or delivery services. (C) Required Parking Uses. Land Use Tyne Min Max Residential Per dwellingunit Townhouse 1 2 Multifamily: micro unit 0.50 1 Multifamily: efficiency and 1- bedroom a artment 0.75 1 Multifamily: 2+ bedrooms 1 2 Com inertial/Retai [ per 1,000 sq. ft. Gross 2;5 5 Floor Area)* Office (per 1,000 sq. ft. Gross Floor Area)** 2,5 4 Light Industrial (per 1,000 sq. ft. Gross Floor 4 8 Area)* *See schedule section 20-7.12A and special requirements below. **See schedule Sec 20-7.12B and special requirements below. *** See schedule section 20-3.3 and 204.4 and special requirements below 1. Residential: (a) Developers are encoura ed to unbundle residential parking spaces and make them available for sale or rent separately from the residential units. particularly workforce and affordable units. (b) Bicycle parking for multifamily residential uses shall be provided as follows: one 1 bicycle rack for every fifteen 15 vehicular parkin spaces provided. (c) Live -work units: the residential component shall be provided parking according to the type of unit as sl2ecified in G above. p I us one 1 space per each 400 square feet of work area. 2. Commercial/Retail: One "` spaee peF 150 sq. ft to 400 sq ft. ofgross (a) In addition to vehicular parkin D For floor areas up to 20,000 s . ft.. two 2 bicycle parking spaces shall be provided for every 2,000 sq. ft. of commercial and retail floor areas. Page 22 Ordinance No. 07-19-2320 ii For floor areas exceeding 20.000 sq. ft.. one I additional bicycle i3arking space shall be provided each additional 10,000 sq. ft. or fraction thereof. iii Hotels and motels shall 12rovide a minimum of 0.5 and a maximum of one M bicycle 12arking spaces per roomplus 10 spaces per every 1,000 square feet of meeting. restaurant and/or banquet space. iv Adult day care facilities shall provide 1 bicycle parking per every 6 clients, up to 5 parking spaces, thereafter 1 parking space per every 10 clients, plus a maximum of 4 parking spaces per 1,000 sq. ft. of office space. In additions one 1 accessible passenger loading zone must be provided per each 5,000 sq. ft. of gross floor area at these facilities. Medical Office: One (1 ) space per 200 sq. ft-.f- AM.Sq. ft. of gross floe 4. Light Industrial: (a b) No parking of vehicles in driveway at any time. (b e) In any area with light industrial uses, any vehicle under repair must be stored inside buildings at all times. (c d) For light industrial uses, any garage areas must be totally enclosed and have garage doors closed when not in immediate/ before and immediate/ after a erson vehicle or equipment is entering or exiting the building. 5. Bicycle parking for commercial. office and light industrial uses: (a) Bicycle parking shall be provided based on the number of employees at the following ratios: D Between 0-5 employees: I space Q Between 6-20 employees: 2 sl2aces tdD Between 21-80 employees: 6 spaces iv Over 80 employees: 1 space per eve 20 emp to ees over 80 or fraction thereof (D) Garages in TODD (MU-5) and (MU-6). 1. At the rear of property yew may efifninate the setback requirement for garages may be eliminated in these subdistricts only, if the garage: Lahbaek-,+e abuts an existing garage, or (b)_baeks--abuts a permanent open space. Page 23 Ordinance No. 07-19-2320 2. May face a side street but must have some fenestration or architectural treatment similar to a-s-the rest of the building. 3. Underground parking is defined as having more than sixty (60) percent of its structure below grade. 4. Garage structures must be designed or landscaped so as to either appear to be a floor of the building or obstructed from street view. 5. All garages Riust be a the reaF of the btfil. iRg aS "o ui:;d by must comply with subsection 20-8.8(B)(2). 6, . The ground floor on the sides facing any street shall contain any uses indicated on the permitted ground floor uses in section 20-8.5. Any exterior facing streets shall be designed to look similar to the facade of a commercial office building, unless amended by the Ceity Ceommission via special use permit procedures. 7. Freestanding garages may only be allowed in TODD MU-5 and MU-6 subdistricts and may not to exceed six (6) levels in height y+e 20-8.9 - Special exceptions. (A) A Special Exception as used in the 'r-,—O.D.D. TODD shall mean a permitted use that complies with all the conditions and standards for the district as well as those set forth below. For those existing uses in this district, any alterations or additions to those buildings that result in the building being designated as a Large -Scale Development, shall conform to the provisions of this Section er-dinanee. Existing heights of existing buildings and existing floors may remain in their current condition; however, additional floors, if authorized, may be added in accordance with this Section ^tee. (B) Any site that is more than in a= forty thousand (40,000) square feet or any development, as defined in section 380.04, Florida Statutes (hereinafter referred to as "Development"), in excess of four (4) stories shall be designated as a Large -Scale Development it -that shall be reviewed by the Planning Board and it shall require approval by the City Commission. The square footage of an alteration or addition to an existing site and the square footage of the existing site that is being altered or to which an addition is being proposed shall be included in the computation of the size of the Development project infer- to determine if it is a Large -Scale Development. 1. Special exceptions, if granted, shall be valid if new construction commences within eighteen (18) months from the date of €n4epproval of the special exception and is substantially completed within two (2) Page 24 Ordinance No. 07-19-2320 years from the date of issuance of the first building permit. The time for the commencement of new construction or substantial completion may be extended by the Ceity Ceommission upon application filed prior to the expiration of the su bstantial sem p letmea applicable time period and upon demonstration of good cause. 2. For the purpose of this section 20-8.9, substantial completion shall mean the stage in the progress of the project where the work on the project, or designated portion of an approved phased project., is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the project, or designated portion of an approved phased project, for its intended use, or the project has received either a temporary certificate of occupancy or a certificate of occupancy. in order- Tto be an "approved phased project" the Owner must obtain City Commission approval for the phasinge" of the project. 3. Any property designated as a Large -Scale Development may have residential uses on the first floor, however, residential uses are not permitted on the first floor within that portion of the building or development fronting on the main street. The phrase "main street" means theme street that abuts the property line of the building or development and which has the most traffic, as compared to any other street that abuts the property. (C) General Requirements. A Large -Scale Development shall be approved and permitted by the City Commission at a public hearing, after the planning board makes its recommendation, provided that such use is specifically listed as a permitted use in the appropriate district column in the Permitted Use Schedule of the Land Development Code (section 20-3.3D, as may be amended), and that such use complies with the following general requirements and any other requirements that the City Commission may consider appropriate and necessary. (D) Project Approval. (a) Required Conditions. Prior to approving a Large -Scale Development, the City Commission must find that the development meets the requirements set forth in subsection (C) above and that it: 1. wWill not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; 2. wWill not be detrimental to the public welfare, property or improvements in the neighborhood; and 3. cGomplies with all other applicable Code provisions. Page 25 Ordinance No. 07-19-2320 (b) Additional Conditions. The City Commission may designate such additional requirements in connection with the approval of a Large - Scale Development as will, in its opinion, assure that such development will conform to the foregoing requirements. (E) Reapplication for Development Review. No reapplication for a Large - Scale Development review under section 20-8.9 shall be accepted by the City within six (6) months of the date of final disapproval by the City Commission of a previous application involving the same or substantially the same project, unless evidence is submitted and accepted by the City Commission which justifies such reconsideration. (F) No single use in the T.O. P.D. • one TODD shall exceed a gross floor area of eighty thousand (80,000) square feet, except residential uses. (G) Within the MU-5 and MU-6 subcategoryies, the maximum height of new buildings or existing building with additions shall be limited to a maximum of four (4) and ei ht 8 stories, respectively_1 as peFmi4ed respeefive, unless the development earns a bonus as set forth in section 20-8.10.He;veyep,-iIn no event shall a development in the MU-5 subcategory exceed eight (8) stories, as permitted with bonus, nor shall it exceed one hundred (100) feet in height. In the MU-6-subcategory, the maximum total number of stories a development can achieve through bonus is twelve (12). 20-8.10 - Bonus allocations. (A) TODD MU-5 Action Bonus For every (1) floor of residential use One (1) additional floor of residential use rM i " i HI H+I+-urovided the applicable parking requirement is met per Sec. 20- 8.8 For providin a -Public plaza -min. five One (1) additional floor thousand (5,000) sq. ft. of contiguous area functionally and visually connected to pedestrian walkway system, including seatin lighting, and art work in a plaza setting Page 26 Ordinance No. 07-19-2320 For dDeveloping the full frontage of the One (1) additional floor property with streetscape design connected to and usable as part of the up blic.pedestrian walkway system including pedestrian amenities. The maximum change in level between any portion of a sidewalk shall be % inch and must be beveled with a slope no greater than I V.211 (2:1). For dDevelopi, ng "cross-thru's" from an One (1) additional floor adioinin&street to a public open space as part ofthe2ublicpedestrian walk system, on owner's property (maintenance required in Section 20-8.15) (B) TODD MU - Action Bonus For providing, in the residential Four 4 additional floors of residential component of a mixed -use building or in a provided the a iicable l2arking requirement is met per Sec. 20-8.8 and stand-alone residential building in addition to the minimum required 10% the covenant required by Section 20-8.4 an additional 5% Affordable Housing and includes the additional workforce and affordable housing. Affordable and 5% Workforce Housing units workforce housing units delivered for bonus floors are exempt from meeting the parking requirement. For assembling a minimum of one (1) acre One (I) additional floor * of contiguous land to make up a larger redevelopment site and joined by a Unity. of Title. For buildings that have an office or One (1) additional floor * commercial component that provide onsite bicycle amenities including at least three (3) of the following features: * secure bike parkin room (in addition to bike racks that may be required); * bike repair stations accessible to occupants and guests and may be outside if covered) or repair room (may be included in bike parking room Page 27 Ordinance No. 07-19-2320 * bike wash stations (accessible to occupants and guests and may be outside if covered * showers and locker/change room for em to ees and commercial invitees-, * availability of loaner bicycles for building residents and employees For providing a public square, plaza or One 1 additional floor green space of at least 7,500 sq. ft. of contiguous area, functionally and visual/ connected to the pedestrian walkway system and designed with the followin minimum amenities: benches, shade (trees and structures), play and/or exercise areas and water stations. *This bonus can be requested only once per project but may be requested in combination with the other two listed in this section with an asterisk to obtain up to three (3) bonus floors. C Buildings developed in the MU-6 subdistrict may be built uR to I2 stories without "plying for bonuses if the entire building is devoted to workforce and/or affordable housing, as defined in Section 20-8.2. 20-8.11 - Regulating plan —Intent. The Rregulating plan - Ggraphic set forth in 20-8.17 is a visual site -specific and site design representation of the T.G.D.D. TODD Regulations. For lots abutting each roadway and alleyway 49t, information is shown graphically designed such as: location and dimensions of build -to lines; locations where arcades over sidewalk are required, and representative locations where arcades are permitted but optional; locations for alleys or rear accessways, and curbs. For those properties that back up to public open space or an easement buildings maw built to within five Ll feet of the rear property or easement line. A graphic representation of the regulating plan is presented in Section 20-8.17. 20-8.12 - Architectural standards —Intent. The Architectural Standards are pre -approved and are intended to provide a degree of predictability about the quality of building designs and to promote harmony among buildings without requiring an appearance before and approval by a review board for every project. Applicants with projects which conform to these standards may obtain approval from the' epwtmewal Planning & Zoning Department staff without appearing before ERPB; however, the applicant may appear Appewaaee before ERPB, at the applicant's discretion Page 28 Ordinance No.07-19-2320 r-eute. Every permissible architectural option is not described herein; other options may be approved by ERPB. Wherever these Architectural Standards may conflict with the City of South Miami Land Development Code, these Architectural Standards must apply for properties within the TQ D. The lists of permitted materials and configurations come from study of traditional buildings found in South Florida and have been selected for their appropriateness to the visual environment and climate. A primary goal for the Architectural Standards is authenticity. The standards encourage construction which is straightforward and functional, and which draws its ornament and variety from the traditional assembly of genuine materials. The Good site planning and street relationshi • use of authentic materials, and contextuality of design elements ands , les are some of the principles encouraged to ensure an attractive and tasteful aesthetic image for the neighborhood. 20-8.13 - Architectural standards —General requirements. All construction must comply with The Florida Building Code, the latest edition, as amended and adopted by the Miami Dade CaUlity ReFida BOar-d Of COURtY Comm issioners and any an d -a! 1 Fevisi ons made subseq u ent to that date. (A) The general requirements shall be the same as those specified in sections 20-7.16 through Sestien 20-7.25. (B) Green Buildings (1) Definitions. The fallowin a words terms and phrases, when used in this Article shall have the mean ing ascribed to them in this Section except where the context clearly indicates a different meaning, or as may amended from time to time: Conslruclion means any project associated with the creation development, or erection of any structure required to comply with this Article. Enhanced storm►vater gualily and guanlily tm rovemenls means projects that augment water uuality andguantily by: reducing taolluted runoff: advancing.groundwater recharize, soil infiltration and erosion control,• and restoring habitat. Environmental moniloring means periodic or continuous surveillance or testingto determine the level of compliance required by the Environmental Protection Agency EPA Florida Department of Environmental Protection DEP or Miami -Dade Counly Department of Rejzulatoand Environmental Resources (RER) and/or Page 29 Ordinance No. 07-19-2320 pollutant levels in various media air, soil water or biota as well as to derive knowledge from this process. Examples of environmental monitoring include but are not limited to: Water quality sampling and monitoringroundwater testing and monitoring, and habitat monitoring. Environmental remediation means clean-up of, or mitigation for air, soil or water contamination for which the City is legally res onsible for environmental clean-up or mitigation. Environmental restoration means the return of an ecosystem to a close approximation of its condition prior to disturbance. FGBC means the Florida Green Building Coalition. Green in astruclure means both the natural environment and engineered systems to provide clean water. conserve ecosystem values and functions and provide a wide array of benefits to people and wildlife. Green infrastructure uses vegetation. soils. and natural processes to manse natural resources and create healthier urban environments Examples of green infrastructure practices include but are not limited to: Right-of-way bio-swaiesgreen roofs blue roofs rain gardens, pen-fleable avements infiltration 121anters, trees and tree boxes rainwater harvesting s stems. Green buildinz means generally the resource efficient design, construction and operation of buildings by emplgying environmentally sensible construction practices systems and materials. Green building certification Wncy means the United States Green Building Code (USGBC) or the International Living Future Institute as may be selected by the eligible participants. International Living Future Institute means a non-profit organization that created an international sustainable building certification program called The Living Building Challenge. Certification types include I iving bu i Idinp, certification petals certification and net zero energy building certification. LEED means an effective edition of the Leadership in Energy and Environmental Desi n LEED Green Building Rating System for Building Design and Construction or Homes. as a licable. of the United States Green Building Council (USGBC). Pro'ect means any construction associated with the creation. development or erection of any building required to comply with this Article. Scorecard means a guide 12rovided by the geen building certification agency to assist in determining the total 12roject score and achievable credits and level of certification at the inception of a green buildin& as provided under this Article. USGBC means the United States Green Building Council. (2) - Intent and purpose. The gurpose of this Article shall be to promote sustainable development within the Civ of South Miami by supporting resilient design and construction practices. The Cit 's intent is to establish a certification compliance schedule that incentivizes all qualifyireg_projects to attain at a minimum FGBC Gold certification or similar reen building program Page 30 Ordinance No. 07-19-2320 recognized in this Article. Sustainable building practices will promote the economic and environmental health of the City and ensure that the City continues to become environmentally resilient to combat sea level rise and help curb climate change. This Article is designed to achieve the following objectives: (a) Increase energy efficiency in buildings-, (b) Encourage water and resource conservation; c Reduce waste generated by construction projects,• d Reduce ion -term building operating and maintenance costs: e Improve indoor air quali1y and occupant health- Contribute to meeting state and local commitments to reduce greenhouse gas roduction and emissions,• and (g) Encourage sound urban planning.principles. 3 - Sustainability requirements. (a) Mandatory compliance with the requirements of this Article shall be required for all applicants with building permit applications that meet the following criteria hereinafter "eligible artici ants" i All new construction that 12roposes over 7,000 square feet of construction of a structure- or ii Ground floor additions whether attached or detached to existin structures that encompass over 10,000 square feet of additional floor area. (4) - Standards. This Article shall be administered using standards developed for and standards developed by the Florida Green Building Council United States Green Building Council USGBC or the lnternationaI Living Future Institute. All eligible participants who are certified as having satisfied all of the requirements of the green building certifcation a egecY, includin , but not limited to, any monetary or certification requirements, are eligible for a artial or full refund of the sustainability fee identified in l2aragraph 7 herein based upon the level of coml2liance with the re ulations in this Article. (5) - Generally_ A sustainability fee will be assessed for all eligible participants. The calculation of the fee, provisions for refunding all or portions of the fee its purpose, and eligible uses are detailed within this division. 5 - Sustainabilily fee calculation. (a] In order to obtain a temporary certificate of occupancy (TCO). certificate ofoccupana (CO). or certificate of completion CC whichever comes first, the eligible participant must first post a sustainability fee payment bond or issue full payment of the sustainabi I ity fee to the City. The sustainability fee shall be valued at five percent (5 of the total construction valuation of the building permit. However, the eligible Page 31 Ordinance No. 07-19-2320 artici ant may be entitled to a refund or 12artial refund of the bond or a Ment of the sustainability fee. based upon achieving the program certification Ievels in the coml2liance schedule below: FGBC Florida Green High -Rise Residential Building Standard Certification Com Iiance Schedule Sustainability Fee Reimbursement to Level of Certification Achieved Participant for Meeting Certain Green Building Certification Levels 0% refund of bond or payment of Failure. to obtain Certification Sustainability fee 50% refund of bond or payment of Bronze Certified Sustainabi i it,, 66% refund of bond or pgyment of Silver Certified Sustainability fee Gold Certified or International 100% refund of bond or payment of Living Future Institute Petals or Sustainabilit fee Net Zero Energy Certified Platinum Certified or International lop% refund of bond or payment of Living Future Institute Livin Sustainability fee Building Challenge Certified if the proof of green building certification is provided prior to the obtaining a TCG. CO. or CC the "sustainabilit fee" shall be in the full amount identified above minus the refund for the level of green building certification achieved identified in the certification compliance schedule. b The sustainability fee shall be valuated ul2on the eligible participant's submittal at time of application for temporary certificate of occupancy (TCD), certificate of occupal� nc� (CO). or certificate of completion CC whichever comes first upon review by the Planning and Zoning Department during zoning review of the certificate. The Page 32 Ordinance No. 07-19-2320 sustainability fee bond or full payment shall be provided by participant prior to obtaining a temporary certificate of occupancy (TCO), certificate of occupancy (CO) or certificate of completion, whichever comes first. c Refund of the sustainabili1y fee or bond to the eligible pailicipailt ma occur as provided for in subsection a aboveprovided the eligible participant cam lies with the certification compliance schedule within the timeframe identified in y_aragraph(7)(b). (d) The entirety of the sustainability fee shall be forfeited to the City based upon participant's failure to achieve the applicable green building certification levels identified paragraph(d)(a) within the timeframe identified in paragraph(7)(b), 7 - Review procedures. a Prior to obtaining a temporM certificate of occupancy. certificate of occupancy (CO) or certificate of completion (CC), whichever comes first, the qualifying-proiects shall post a bond with the City, or in the alternative, provide a payment to the City, in the amount of the "sustainability_fee" identified in paragraph(6)(1 b Within one year from the receipt of a certificate of occupancy (CO)or certificate of com letion CC the owner shall submit Droof of green building certification for the development from the green building certification agency. (i) The band or payment provided, or percentage thereof, shall be refunded to program participants that have achieved a Ievel of green building certification identified in the certification comuliance schedule in paragraph (6). 00 The Planning and Zoning Department Director may approve. upon the request of the eligible participant, a one-time one-year extension. provided proof that the green bui [ding certification agency's review remains pendin to determine final certification. c Buildin perm it a lications fora green bui I d j ng prolect submitted or resubmitted for review shall be given priority review over projects that are not green building projects by the Ci 's departments reviewing such applications. d All building inspections reguested for green building ro'ects shall be giveli priority over l2rojects that are not een building projects. $ - Deposit of funds' account. a The City shall establish a sustainabilily and resiliency fund. The revenue generated through the sustainabilit fee prop -ram shall be deposited in the sustainabilit and resiliency fund. i Interest earned under the account shall be used solely for the purposes specified far funds of such account. (H) Sustainability fees deposited and credited to the sustainabilit„y and resiliency fund account and credited to the eligible -participant, pursuant to paragraph (7). shalI be identified. within the City's sustainabilityand_resiliency fund. Page 33 Ordinance No. 07-19-2320 (iii) Appropriation of deposited funds in the sustainability and resiliency fund shall not be pennitted until the Upticable refund period, established in paragraph t73(b) four those funds has lapsed. iv Should the eligible participant provide a bond rather than J2U the sustainability fee then, the City shall safeguard the bond, to ensure compliance with this Article. The City shall return the bond or make a claim for a portion of the bond, depending on the eligible artici ant's compliance with paragraph 7 b and paragraph 6 a . (b) Earned fees in the sustainability and resiliency fund shall be utilized to provide public improvements that increase the sustainability and resiliency of the City. Expenditures from these funds shall re uire 12rior City Commission approval. Prior to an expenditure the City Managersh ,all provide a recommendation to the City Commission. c Such improvements that increase the resiliency of the City may include: (i) Environmental restoration projects. ii Environmental remediation projects,• iii Environmental monitoring-, iv Green infrastructure- v Enhanced stonnwater guality and quantity improvements-, and/or (vi) Sustainability planning efforts. Section 3. The City Commission incorporates by reference the supporting analysis provided in "Exhibit A," which is attached hereto and made a part of this Ordinance. Section 4. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated in the final product for signature. Section 5. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Page 34 Ordinance No. 07-19-2320 Section 8. Effective Date. This Ordinance shall become effective immediately upon enactment. PASSED AND ENACTED this9. 6 thday of FL-hruary , 2019. ATTEST: APPROVED: CITY CL K MAY R 1 It Reading 2°d Reading READ AND APPROVED AS TO FORM: COMMISSION VOTE:-1 LANGUAGE, LEGALITY AND Mayor Stoddard: Yea EXECUTION THEREOF Vice Mayor Harris: Yea Commissioner Gil: Nay 7C Commissioner Liebman: Yea Commissioner Welsh: Yea CITY ATTORNEY Page 35 Z 0 u LU LJl U_ Q t7 2 W o� U_ z U w � L a"I •� � m _0 C: i 4 = L O L m m U to Qj a }'o.E E }I O U f6 m N i. m E L O � L M � t •L Q' _ L O m a1 }J U L U a� O �, N — io O _0 L l� _U L r � m E E E �, _ N O L LnLn= ce 4t .{i40 . *1 A4J it Jla_'• T .S. }YL I• :f ., ; r y- 2• 76 a� 1 V � O � � O .� Ln !E -0 O c: U 4A > •-+ L tw >- }' O 0 0= 4- O i E GJ 4A _0 CL E a) :3 U L -0 C: O N -0 E oO 4,-oJ > O cN O L- L- N -0 c: O ai •- a .i •� a w fu � o V N � •�, > .4+ � •� •� E U cu fa -OC Q Q : N E (n > O O U CL a V UQ W . 0 • V� �O L� O� co b OD O '- E co cv a N f0 cn E :3 CD -0 -0 C: C CU O O Ln = cu E �� o U N .aj CU aj Ln CD 'i OLn • FW City of South Miami TODD Economic and Market Assessment (DRAFT) percent share of Trade Area demand, that would represent about 200,000 square feet. However, if we use a higher -capture rate that is consistent with recent development and absorption trends (or 24 percent of Trade Area capture), the potential TODD office demand may increase to 400,000 square feet. Lambert strongly believes the higher capture rate is achievable when considering the benefit of having offices located within transit development that is proximate to a major hospital. • Hotel Market Overview (Section 5): There are six hotels (+815 rooms) within the entire Trade Area. Four hotel/motels closed the past few years, including the University Holiday Inn which will be replaced by a new 252 hotel at the under -construction Paseo de la Riviera. Since 2000, there have been two new developments (Hampton Inn Dadeland and Courtyard Dadeland) built within the Trade Area, with a total 260 rooms. One additional new hotel (Hilton Dadeland) is currently under construction. The potential redevelopment of Shops at Sunset includes a 182-room hotel. In order to measure potential hotel demand forthe TODD District, Lambert prepared an illustrative hotel demand model that evaluates the irflpact of adding new hotel supply to an existing set of hotel properties. Therefore, after adding the Hilton Dadeland to the existing base of Trade Area hotels, the hotel market can support an estimated 380 to 480 additional hotel rooms during the next 15-year period, including the proposed hotel development at Shops at Sunset. 72 7 1 P a g e City of Soulh Miami TODD Economic and Market Assessment (DRAFT) submitted for plan approval within the Corridor. Approximately 50 percent of these (867 units, as submitted) are potential projects located within the City of South Miami, including: Alta (203 units), Shops at Sunset redevelopment (414 units, net), Winn Dixie redevelopment (260 units). Even if these planned projects were built within a 5- to 6-year period from now, this would indicate a development pace of roughly 300 to 350 units average annually, which is directly consistent with the development trends since 2010. Considering this, and in the effort to forecast potential demand for multifamily housing within the TODD District, our analysis considers both the County's population modeling as well as actual development trends and activity. We estimate average annual household growth for the Corridor to be consistent with recent and foreseeable development trends noted above, which results in an average of about 320 units annually. This equates to an estimate of 4,800 total units for the Corridor between 2019 and 2034, this being the base of demand upon which the three Corridor stations will compete. If we assume from a conservative (low) basis that the Corridor could capture 25 percent of the total demand, there would be 1,200 units from 2019 to 2034. However, if the City were to capture its one-third fair share through policy changes and/or other incentives, then we could consider the higher projection estimate to be 1,600 units during the same period. It is worth mentioning that the estimate for the TODD District includes the previously -noted 867 units "in planning" in South Miami. We should also emphasize that the demand set forth herein is for total housing irrespective of affordability. The City may wish to consider the benefit of establishing workforce/affordable housing policies, whether in relation to the TODD District planning or a broader (citywide) basis. 0 Retail (Section 4): The retail market analysis provides a general overview of market conditions at the regional, Trade Area and City level. Sunset Place long served as a significant regional retail destination for the City and the Trade Area, and is now pending a repositioning into a larger mixed - use development. Dadeland Mall (including Downtown Dadeland) represents the Trade Area's major single shopping destination, while other regional malls such as The Shops at Merrick Park and The Falls sit just outside of the Trade Area. From 2000 to 2018, there was approximately 1.7 million square feet of retail space built in the Trade Area, or almost +100,000 square feet of retail per annum. Presently, the Trade Area retail occupancy is generally very strong at +98 percent.3 The City of South Miami, however, has experienced limited new retail development since 2000. In terms of total retail inventory, the City comprises approximately 10 percent of the Trade Area's total retail stock. Located within the City of Coral Gables, Gables Station represents the only new major retail center currently under construction (120,000 square feet). Also nearby is Paseo de la 3 Costar 5 1 P a g e 70 City of South Miami TODD Economic and Market Assessment (DRAFT) ✓ The estimates of potential demand by use consider a range of demand "scenarios." The low end of the range is derived from the estimate of "constant" demand (based on historic trend), while the high end of the range is defined as an "upper" capture scenario which could result from a variety of factors (e.g., the amendment of regulations to increase development flexibility; the potential for transit improvements contemplated by the TPO; continued pressure for provision of affordable and workforce housing, both locally and throughout the county; eventual "spillover" from development already occurring in other nearby Transit -Oriented Development nodes along the US-1 spine; etc.) III. Key Conclusions Based upon the assumptions set forth above and the analysis work completed for this engagement, Lambert has prepared the following estimates of potential demand and capture anticipated throughout a 15-year projection period going from 2019 to 2034. Figure 2: South Miami Estimated Total Potential Demand, by Use (2019-2034) _qqw.' - II Multifamily Residential 1,200 units 1,600 units Retail 150,000 sq.ft. 225,000 sq.ft. Office 200,000 sq.ft. 400,000 sq.ft. Hotel 380 rooms 480 rooms Figure 3: Potential TODD District Estimated Capture, by Use, in Consideration of Planned Development Residential (MF/TH) 1,600 203 99 414 260 723 Retail (incl Restaurant & Serv) 225,000 5,119 23,000 (84,032) 15,720 265,193 Off ce 400,000 200,000 17,840 182,160 Hotel 480 182 298 * County land, development subject to terms of lease. Residential component is exclusively student apartments ** Net planned redevelopment: proposed reduction of retail; slight increase of office space; large increase of residential and addition of hotel *** Does not include square footage of the repositioned grocery store. 3 1 P a g e Appendix 1 City of South Miami TODD Economic and Market Assessment (DRAFT) Executive Summary I. Overview Lambert Advisory (Lambert) has completed a high-level economic and market assessment geared towards assisting the City of South Miami in identifying tools and strategies that may be put in place to spur potential redevelopment investment within certain sectors of the City of South Miami, FL. Specifically, this market assessment is intended to provide Calvin, Giordano & Associates (CGA) with market -based data to inform recommendations related to a potential Comprehensive Plan and Land Development Code amendment, and focuses on the City's existing Transit Oriented Development District (TODD). The TODD is defined by parcels situated along the western boundary of South Dixie Highway and illustrated (in blue) in the following map: Figure 1: South Miami TODD Area/Parcel Map r� r• � 4• - f� r :. 'A 'i. SW 72nd jjSt. Source: Lambert Advisories, using Google Maps and based on City of South Miami Future Land Use and Zoning Maps II. Study Premises The following are the key principles and assumptions that govern the research, analysis and documentation of this study: ✓ The market assessment provides general perspective into potential redevelopment opportunities and demand throughout a 15-year period for multifamily residential, office, retail/entertainment, and hotel use. II Page Inc. -r Calvin, Giordano Associates, Memorandum E X C E P T 1 O N A L S O L U T I O N S' APPENDICES: 1. Economic and Market Assessment 2. Massing Model Views 3. Estimates of Current and Potential Development Capacity 4. Summary of Workshop Input 64 15 Calvin, Giordano & Associates, Inc. E X C E P T I O N A L S O L U T I O N S" Memorandum Table 3: Potential TODD District Estimated Capture, by Use, Considering Planned Development Residential (MF/TH units/beds) 1,600 203 99 389 674 334 Retail ind Restaurant & Sery (sq. ft.) 225,000 5,119 23,000 7,500 (68,312) 257,693 Office (sq. ft.) 400,000 200,000 17,840 182,160 Hotel (rooms) 480 182 298 Estimates Source: Lambert Advisory * County land, development subject to terms of lease. Residential component is exclusively student apartments (UM) ** () indicates a reduction in overall retail space The complete Lambert report can be found in the Appendix 1 to this memorandum. h. Development Model CGA created a generic massing model to test the potential development capacity of the TODD. The model includes recent, already approved, and "in planning" projects, and considers these projects' characteristics and approval conditions. It also considers the districts' parcels "susceptibility to change," indicating whether an existing development, based on age, condition, or which has been recently renovated, rehabbed or expanded is more or less likely to redevelop within the next 15 years. The model is entirely suppositional, and not meant to recommend particular development types or designs. The massing model shows development capacity of the TODD above and beyond projects that are already approved or planned within the boundaries of the TODD (i.e., 6075 Sunset and Treo SoMi Station) and that may be expected to be completed within the next 15 years. Several "views" of the modeled development are included in Appendix 2. 5. Other Considerations a. Transit -Oriented Development (TOD) Facts According to the national nonprofit Center for Transit -Oriented Development: • In most instances, households living within 1/2 mile of transit own approximately 0.5 fewer cars per household than their regional average and are 5 times more likely to commute via transit than others in the region. • Most people who live in TOD areas seek out TOD because it provides access and convenience. • Changing demographics are forcing a new housing market for TOD: El Singles will soon be a new majority of the population. 13 Older adults will outnumber young people within the next 30 years. According to AARP, more than 71% of older households want to be within walking distance of transit. More than 37% of households want small lots and clustered development. 62 13 Calvin, Giordano & Associates, Inc. �- E X C E P T I O N A L S O L U T I O N S` Memorandum • The purpose of the TODD district is to enhance the presence of a mass transit center located within walking distance of the boundaries of the district. The TODD is intended to provide for the development of office uses, office services, office -related retail, retail, retail services, and residential uses "in multi -story and mixed use projects that are characteristic of transit -oriented developments." This should reduce the amount of car traffic in and around the mass transit center. • The precise characteristics of transit -oriented developments are not further defined in the LDC. • While TODD regulations are intended to encourage redevelopment through flexible building heights, design standards, and performance -oriented incentives, redevelopment is not encouraged equally in all of the TODD subcategories. In the case of the TODD MU-4 and LI-4 categories, some of the current regulations may actually discourage redevelopment: 13 Permitted Uses: TODD LI-4 allows both residential and commercial, as well as light industrial uses; this allows existing uses to continue, but also perpetuates a pattern of land use that may deter the addition of residential and certain kinds of commercial uses. Building Heights: • Although the long-standing and express intent of TODD is to encourage redevelopment in multi -story mixed -use buildings through flexible building heights and higher densities, buildings in TODD MU-4 and LI-4 are capped at 2 stories. • This limitation, combined with the generally small size of parcels, poses a challenge for redevelopment in both TODD MU-4 and LI-4. • Only the TODD MU-5 offers flexibility in building heights, with a minimum number of stories (2), a maximum by right (4) and an additional 4 stories achievable through bonuses, but only to a maximum height of 100 feet. • In addition, any development that exceeds the 4-story base, or is in excess of forty thousand (40,000) square feet is designated as a Large -Scale Development which must be reviewed by the Planning Board and approved by the City Commission. Parking: • While density in the TODD can be as high as may be developed while meeting the current parking requirements, the minimum parking requirements are very high for a transit -oriented development district: two (2) spaces per unit for all types of residential uses; variable for commercial/retail, office and industrial, but starting with as much as one (1) space per 100 sq. ft. for some uses. • The LDC does not provide for shared parking reductions or parking bonuses in the TODD. (Note in the LDC indicates that Ord. No. Ord. No. 15-07-1816, § 4, adopted June 5, 2007, eliminated the parking reductions and parking bonuses for developments within TODD for a period of nine months to evaluate the effects and appropriateness of these provisions on future developments within the TODD). 60 11 Calvin, Giordano & Associates, Inc. E X C E P T I O N A L S O L U T I O N S" Memorandum • Together, these policies indicate an intention to periodically consider the tools that implement the TODD, to ensure they are helping the City effectively achieve its stated goals. Figure 2. South Miami, Florida 2012 FUTURE LAND USE MAP i ! f ME, 5 - ♦ .rA f f Map Source: City of South Miami e. Future Land Use Map • The FLU (Figure 2) shows that the TODD is split into a northeast and southwest halves, which are physically separated by a "gap" of 1-1/2 blocks designated Mixed -Use Commercial/Residential (MU- C/R) in the FLUM. ■ There is reason for this "gap" in the TODD to be closed to give the district more cohesion. ■ FLU Policy 3.1.4, as quoted in the previous section, requires the City to maintain and, as appropriate, expand the TODD boundaries outlined on the Future Land Use Plan Map. ■ The existing land use on these 1-1/2 blocks is very similar to the existing land use in the surrounding TODD blocks. ■ While the MU-C/R future land use is not incompatible with the character of the TODD, the "gap" blocks are actually zoned "Medium -Intensity Office" (MO) in the Zoning Map. The MO zoning district accommodates professional and business office space; however, other than adult congregate living facilities and transient (hotel) units, residential uses are not permitted in this zoning district. 58 I:; Calvin, Giordano & Associates, Inc. Memorandum E X C E P T I O N A L S O L U T I O N S' FLU OBJECTIVE 1.4 Innovative zoning Maintain and review a revised Land Development Code that includes innovative zoning techniques relative to the transition between residential and non-residential districts. FLU Policy 1.4.1 The City shall utilize volumetric studies and mixed land use zoning categories to achieve creative development in the transition areas between commercial and residential land uses. FLU OBJECTIVE 1.6 Increase Community Resiliency Increase Community resiliency through land use and built environment decisions. FLU Policy 1.6.1 The City of South Miami shall encourage greener, more energy -efficient and climate resilient construction practices by: b) encouraging commercial developers and builders to require that the construction or renovation of commercial facilities meets Florida Green Building Coalition, US Green Building Council Leadership in Energy and Environmental Design (LEED), or other acceptable commercial building standards; FLU Policy 1.8.3 Within two (2) years of adoption of this element, the City shall explore incentives for use of green building standards in new development and redevelopment. FLU Policy 1.8.5 The City shall continue to support transit ready commercial and multi -family development along major transportation corridors and the Metrorail corridor. FLU GOAL 3 Transit -Oriented Development District (TODD) Provide for increased intensity of mixed -use projects and flexible building heights in designated Transit -Oriented Development Districts (TODD), to the extent that development and redevelopment in these districts does not adversely impact surrounding primarily residential neighborhoods and uses. FLU OBJECTIVE 3.1 Support higher densities and intensities in TODD Support higher densities and intensities in the TODD areas to take advantage of the proximity of the Metrorail and create an area where residents can live and work in a pedestrian -oriented environment. FLU Policy 3.1.2 The City shall maintain and, as appropriate, expand the Transit -Oriented Development Districts delineated on the Future Land Use Plan Map. Development and redevelopment in these districts 56 7 r Calvin, Giordano & Associates, Inc. Memorandum A E X C E P T I O N A L S O L U T I O N S' multifamily units which might be provided by all these projects could total about half of the City's total potential housing unit demand share for the next 15 years ■ Another project, Treo SoMi Station, is in the approval stages through Miami Dade County, on County -owned land, but will only provide student apartments. c. Existing TODD Land Use • The district encompasses approximately 37.5 net acres (parcels). • The general development character of the district is one of mostly low-rise (6 stories or less), low - density development. • The mix of land uses consists primarily of office buildings, many with some ground -floor retail and services; some stand-alone one-story retail; light -industrial and auto -related services; and governmental and institutional uses, including City Hall. ■ The land is divided into a grid of compact blocks and generally small parcels, particularly in the light - industrial area. There, many of the parcels are individually owned, posing a challenge to redevelopment because multiple small parcels would need to be assembled and possibly re -platted. • The first major land use change in the TODD did not happen until the Valencia Apartments mixed -use building was developed in 2004. Valencia Apartments y . was also the first mixed -use building in the TODD to incorporate residential. N''. • It took more than another decade for the y. second such building to be developed _ 1 (Metro South, which actually resulted from y` the outcome of a lawsuit against the City, _' based on the American with Disabilities Act and the Fair Housing Act). r' - '� J. i ip .,•� � 1�.:�''9�r�, •. •-- �r ' F �,� • 6075 Sunset Dr., Treo SoMi Station, and the redevelopment of City Hall all include Metro South Senior Apartments. Credit: apartments.com rental housing, and are designed to exceed four (4) stories. 54 5 Calvin, Giordano & Associates, Inc. Memorandum y E X C E P T I O N A L S O L U T I O N S' creating bicycle and pedestrian amenities (e.g., bicycle storage, lockers, repair stations, showers, etc.) providing civic or green space of a certain size and functionality, to augment the City's system of parks and recreation and provide for the needs of new and existing residents. Reducing the minimum parking requirement for residential uses in the suggested TODD MU-6 and the TODD MU-5 districts, and establishing maximum parking caps for all of the TODD districts. (NOTE: Per recent City action, the effective parking provision for Alta Developers yields a ratio of approximately 1.3 spaces per multifamily unit). This would require amending Section 20-8.8 and related sections of the LDC. Changes such as these will bring the South Miami TODD more in line with modern best practices in transit - oriented districts, while more effectively furthering FLU Goal 3 of Comprehensive Plan of "achieving a tax base adequate to support a high level of municipal services via increased mixed -use projects and flexible building heights in designated Transit -Oriented Development Districts [TODD], to the extent that development and redevelopment in these districts does not adversely impact surrounding neighborhoods and uses." 3. Background The Transit -Oriented Development District (TODD) and its associated zoning and land development regulations were developed and adopted by the City of South Miami between 1995 and 1997. At the time, the City's Evaluation and Appraisal Report had recommended that the City amend the Comprehensive Plan to create the Transit -Oriented Development District "to promote redevelopment and infill development in appropriate areas" of what was, then, identified as the "central office district west of South Dixie Highway" adjacent to the South Miami Metrorail Station. The object was to permit more flexibility in height, in order to facilitate the development or redevelopment of mixed -use, multi -story projects supportive of transit. The transit orientation of this district, with its related incentives for development and redevelopment, was to serve as an additional impetus for the revitalization of this area, which is included within the boundary of the South Miami Community Redevelopment Area. These developments have occurred on land zoned (or rezoned to) TODD MU-5, the only zoning subcategory in the TODD that currently provides flexibility in building heights. One other mixed -use development, by Alta Developers, is in the pipeline, also in the MU-5 zoning district. Meanwhile, there has been little to no demand for redevelopment in the two zoning subcategories of the TODD where the building height is capped at two stories with no flexibility. The analysis in the next few pages explores whether this and other regulatory conditions, such as parking requirements, are creating barriers to development and redevelopment contrary to the stated goals, policies and objectives for the TODD. 4. Key Analysis Findings a. Population Characteristics According to the consultant's market and economic assessment, the Miami -Dade Transit Corridor 52 in which South Miami's TODD is included could add between 700-800 persons/year in population, Calvin, Giordano & Associates, Inc. E X C E P T I O N A L S O L U T I O N S' F I Memorandum ❑ Fort Lauderdale Office • 1800 Eller Drive • Suite 600 • Fort Lauderdale, FL 33316 • 954.921.7781(p) • 954.921.8807(f) © Miami -Dade Office • 10800 Biscayne Boulevard • Suite 950 • Miami, FL 33161 • 786.485.5200(p) • 786.485.1520(f) Date: January 15, 2019 To: Jane K. Tompkins, AICP, City of South Miami Planning and Zoning Director From: Silvia E. Vargas, AICP, LEED AP, Calvin, Giordano & Associates, Inc. Subject: Transit Oriented Development District (TODD) Project: Analysis of TODD Land Use, Zoning, Development & Market Conditions & Trends CC: 1. Overview and Purpose The City of South Miami has had a transit -oriented development district (TODD) as far back as the mid 1990's (Figure 1). However, the redevelopment of land located within the district have been comparatively slow. This may be due, in part, to the natural progression of development markets and to the ups and downs of economic conditions in the last two decades, or the current regulations may have discouraged development. At this time, the City of South Miami wishes to consider whether its TODD policy and regulatory framework still effectively serves the original vision for that district. Figure 1 x City of South Miami x� South Mia1T1i Transit Oriented Development District ``+== To assist in providing analysis and recommendations to inform decision - m aking, the City has retained Calvin,Hosplar r Giordano & Associates, Inc. (CGA) and its subconsultant Lambert Map Source: Google Earth Advisory Services to complete an analysis of the TODD (represented in Figure 1 by the blue boundary) for the purpose of determining the need and appropriateness of amending the Comprehensive Plan policies and/or the corresponding regulations in the Land Development Code (LDC), as they pertain to this district. A particular focus of this study are those parcels within the district that are zoned TODD Light Industrial 4 (TODD 50 1 =�o 00 .i } mko `+ U o p U w W a Cl W W W W O W n Ln + W W W w LL 0 LL U 0 p U W LL 0 o O o C. O o C. 0 a4 o N o o O O o Q O O m N pip pop Lon n W v ,% m m Ln in a .* to O O t en Ln o pp C - O u X LIJ n n pop Ln N fn Ln M LD m Ln NLD m m f6 WO rn LO N m W LtD P- Cn M W a j Ln re) Ol L-1 r,4 T c0 M%DD LLOO LOD N o L.D m7 O O f0 � H � � m � pv M ti O - .N-i C 3 O U > Q d � Ln � G 1D o s Ln 3: Ln LD a00 p= > d 1 x V1 LM Ln c Ln 'n > Q W J a O O X O V) p NW V 3 0 Ln r, v~i 00 F- a F F- LL U 'o O� Lin L m a Ln in 3� 3 w o Q z 3 0 0 w o FLA Q F- � H H K Ln C'`1 O H K p N LD N N p p Ln I� aw m 'n owC V) (.i m L, Ln O O O O O 0 O O O V: W w N n n Ln lD LD LO LO Ln Ln N N a V) a a a g cc oc J Ln 13� rl J j cJ L N N N V) Ln N rn O -4 -;t LO V LD 00 a, kn Ln O U + U w W W Ln Ln W W W LL 0 U LL_ U -1 O O O o O -4 n •--i O Ln r4 Ln CD N M M W Ln N M Ln CD l0 0 N N tz CD w -4 o m M N Ln Ln w 00 DOD -1 N w w M N W LO -T a a a a a Ln LLI 0 00 Q > • `� H Ln r� Ln Ln Ln N • Ln > co NQ V)LNL D: O O in Ln Z F- W Ln W O N O O O CD � CD " M � N N a Ln Ln yrj p \ F_ d' z W Ln • Q N Z W \ M a En N LA \ N \ \ LLnn ^ W dl Ln Ln 01 cc Ln n LnLAL Ln Ln Ln n O^ P/7 -4 -, OD c w E to •any 41 ai tA M m O T m m d 01 a c 0 U. +a 0fA aAV 41 a d 3 OG ii "41 Ol 46 -• r4 W5 N In 4 LflM rJ ri,Ci i r, r-j r-j @. L N o ~ -+ 00 In r G N N 1-- a0 M ~ Ln ? m DC r N aC - all rJ oqpq u1 OI LA M ar v N .r. O NN rn J a+1 O ni 0 alt -- O� r-. N t►I r.I N t' T 41 C. OI •- y� rr, rl Lr1 O 'J 0 tip T Q 3 r.1 LA en LLI C U d 4D oIG LA C7,t,A �T n M - r•1 Iri tri fd N W � M �(1 Ki N rJ r l r-- .rI S tII 'T FZ ?. — rJ rr LU z h• , ri i r� cr � r 1 1"- Ih I r, P LLI y = v z z x zLo Q, � O_ �_ �Nj r• 1 rrI .r, gyp' i' �! af, I-, '�D D rp. ! - d C +t it q' -r �1 �r � v NN C F= n m lopCalvin, Giordano &Associates, Inc: f% C L P T 1 O N A L $ O L U T 1 0 N P Table 5 — Internal Trip Capture for Existing Uses (From Office to Retail 23 94.8 To Retail from Office 2 2.6 Office to Retail 2 From Retail to Office 3 4.2 To Office from Retail 31 24.5 Retail to Office 4 From Office To Residential 2 8.2 To Residential from Office 2 0.7 Office to Residential 0 From Residential to Office 0 0.0 To Office from Residential 0 0.0 Residential to Office 0 From Retail to Residential 12 16.7 To Residential from Retail 31 11.5 Retail to Residential 11 From Residential to Retail 53 12.7 To Retail from Residential 9 11.5 (Residential to Retail 11 IMaximum Directional Capture Rates from ITE Trip Generation Handbook, 9th. Ed., Tables 7.1 and 7.2 42 400 Calvin, Giordano 5 Associates, Inc. [%t[P11'CAA[ $01 ui IONS Table 3 — Internal Trip Capture for Existing Uses From Office to Retail 23 22.8 To Retail from Office 2 0.6 Office to Retail 0 From Retail to Office 3 0.9 To Office from Retail 31 5.9 Retail to Office 0 From Office To Residential 2 0.0 To Residential from Office 2 0.0 Office to Residential 0 From Residential to Office 0 0.0 To Office from Residential 0 0.0 Residential to Office 0 From Retail to Residential 12 0.0 'To Residential from Retail 31 0.0 Retail to Residential 0 From Residential to Retail 53 0.0 'To Retail from Residential 9 0.0 Residential to Retail 0 Maximum Directional Capture Rates from ITE Trip Generation Handbook, 9th. Ed., Tables 7.1 and 7.2 Table 4 develops the trip generation for the proposed collection of uses, and Table 5 develops the internally captured trips possible between this collection of uses. Reduced by pass -by and internally captured trips, the net peak hour generation (PM) is estimated at 660 two-way trips. 40 1WCalvin, Giordano " Associates, Inc- L x e t P T P p K A l f c l 11 } 0 ADDENDUM 1: TRAFFIC IMPACT ANALYSIS Parcels Re -Designated from Mixed -Use Commercial Residential (MU-C/R) to Transit -Oriented Development District (TODD) Future Land Use (Moderate Intensity Office to TODD MU-5 zoning) January 7, 2019 The estimated maximum intensity of retail, office and residential uses in the subject area, under existing conditions and following the proposed amendment are shown in Table 1. The proposed amendment increases the area available for retail and office uses, and adds 140 multi -family dwelling units. Table 1— Existing and Proposed Uses Estimated Development Capacity Based on Current Zoning IproxMix Ratio Based on Market rr�ent (0.3:2; Potential tential Bldg Floor Mr! &dg Floor Area from Area from Re - Curren Permitted Re- Redevelop- develop-JArea(0. ew Office Area New Residential Curre Zoning Land Area Max develop- meat jinct meet (Excl (ac) Sq. Ft. Height ment Goal Parking) Parking} oor (2) Units Estimated Expanded TODD Development Capacity Based on Proposed Zoning Approx Mix Ratio Based on Market Assessment (0.3:2:1) i otentiai, Bldg Floa i Area from Propose f2e Redevelop- ewi New s Hew Proposed Land Area t (incl PIdg Retail w OfFi'. identiai , zoning(ae) _ Sq. eni rkin ea (0.3) (2) Units Table 2 estimates the vehicle trips from the maximum existing possible collection of land uses using information from the Institute of Transportation Engineers (ITE) Trip Generation Manual., 10th ed.. Trip generation formulae are used if available, and if the land use intensity is within the normal range of ITE data. ITE Land Use #820, Shopping Center is used to estimate the trip volume from an unknown collection of potential retail uses. The intensity of retail is below the normal range of intensities for this W* 1 workforce and affordable housing and green building; and new bonus types for additional building height in the proposed TODD MU-6 subdistrict, among other items. The proposed amendments are in compliance with the requirements of Section 20-5.7 of the City's Land Development Code, and will support compatibility with the character of recent and planned development in the TODD. RECOMMENDATION: It is recommended that the City Commission approve the proposed changes to the LDC. The proposed changes are concurrent with a request to amend certain policies in the Future Land Use element of the Comprehensive Plan, as well as the Future Land Use Map and the Zoning Map. ATTACHMENTS: 1) Draft Ordinance 2) Consultant Analysis (prepared by Calvin, Giordano, & Associates, Inc.) dated 12/12/18 4 3 1 P a g e I South miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager Jane K. Tompkins, AICP, Planning Director FROM: Silvia E. Vargas, AICP, LEED AP, Planning Consultant Calvin, Giordano & Associates, Inc. DATE: January 15, 2019 SUBJECT: An Ordinance modifying the following sections of the Land Development Code: Section 20-3.1 Zoning use districts and purposes (A) and (B); Section 20-3.3 Permitted Use Schedule; Section 20-3.4 Special Use Conditions; and Article Vill, Transit -Oriented Development District, Sections 20-8.1 through 20-8.16. SUMMARY: Initiated by: City of South Miami Proposal: To amend the wording of certain sections of the Land Development Code (LDC) pertaining to the Transit -Oriented Development District (TODD). Purpose: Amending the above -referenced sections is the means of implementing amendments proposed to the Comprehensive Plan's Future Land Use Map, and the Zoning Map, related to the expansion and strengthening of the TODD. The proposed amendments will, among other things, establish a new TODD zoning subcategory, TODD (MU-6), to provide additional flexibility in building heights, therefore implementing the intent of Comprehensive Plan. Other proposed changes facilitate the creation of additional infill and redevelopment opportunities within the district, with an emphasis on generating new workforce and affordable housing units. All the proposed changes help further Goal 3 of the Future Land Use Element of the Comprehensive Plan. 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O � �--, •� ou�.���o�� 0 COy �+,C�� O ai E:3 a) C: �— L Q :3 O 0 taA C Q N " ajUo ajU0 L by V CD co Z — facu a cn ca H a✓ _ X 4-1ca O _ C: � � � � E m O a a✓ v) w cn 0 to 3 L to a-J a-J c CU C O dJ N N U O 0 L N U t w NO ill a) i a-J N � = a-J U �..� 0 O _U �--� ^� L Q E o Q 0 W ai .� � � N m 0 'E ^c � •f i W E CL O ^^ '' W �A O 4-J \u c E aA O _m �i � -0c O _ = ca N 0 a--+ _ N —0 L E to CL of ate—., c ofo U - aJ ate-+ coif 0 •� L M m N Cl)CL - C V Q U m ^ � �_ F �nw " L rV' U +, m O V 4 L� CU L CU L Q _0 > Ou O O c 0 o to U ai _ Cu A F- N L. ro m N E 0 Ln I O O 0 m L +j N 0 cu cr 0 N L N a-J U N N 0 U 113 Appendix 2: Massing Model Views E- - 11 dn, I w N ■ a m n 7 : a x K h 4 c5 � W P l] F 0 o g a p Ila N Appendix 3: Estimates of Current and Potential Development Capacity c+) N Appendix 4: TODD Workshop - Compilation of Comments Relax parking requirements for existing uses ➢ Consider impact of new technologies on the future of driving/parking: driverless cars, car sharing, reuse of parking garages ➢ People who don't own cars probably live close to their work ➢ Northbound traffic from Development Intensity ➢ Could the city increase the density around LI so that the LI businesses can stay? Could TODD's surrounding buffer area be studied as the location of additional density so LI could be protected? ➢ Require a minimum of 4 stories in new buildings ➢ Require a minimum Floor Area Ratio ➢ Any building over 10,000 sq. ft. of area should be green ➢ Additional size, height and parking should be a bonus leading to requirement for affordable housing ➢ Office uses are good because they bring people to business district and downtown — services, restaurants ➢ Prohibit large office complexes to have their own employee cafeterias to ensure they frequent local businesses. 125 rezoning that are on the meeting agenda was distributed before the meeting. She also informed the Board that the CRA director was present in the audience if they had any questions. IV. Public Hearings Dr. Philips stated that because the agenda items were interwoven, they all should be read into the record first. Ms. Tompkins informed the Board that there is a typo in the title for PB-19-002. It references an incorrect Land Development Code (LDC) section. The correct title, which matches the advertised title, should read as: An Ordinance modifying the following sections of the Land Development Code: Section 20-3.1 Zoning use districts and purposes (A) and (B), Section 20-3.3 Permitted Use Schedule, Section 20-3.4 Special Use Conditions, and Article Vlll, Transit -Oriented Development District, Sections 20-8.1 through 20-8.17. 1. PB-19-002 Applicant: City of South Miami An Ordinance modifying the following sections of the Land Development Code: Section 20- 3.1 Zoning use districts and purposes (A) and (B); Section 20-3.3 Permitted Use Schedule; Section 20-3.4 Special Use Conditions, and Article Vill, Transit -Oriented Development District, Sections 20-8.1 through 20-8.17. Mr. Monterrey read PB-19-002 into the record. 2. PB-19-003 Applicant: City of South Miami An Ordinance amending the City of South Miami Official Zoning Map to advance Goals of the Comprehensive Plan Future Land Use Element and the purpose of the Transit -Oriented Development District including the following rezoning: (1) certain parcels from Transit - Oriented Development District Mixed Use 4 (TODD MU-4) to Transit -Oriented Development District Mixed Use 5 (TODD MU-5); and (2) certain parcels from Transit -Oriented Development District Light Industrial 4 (TODD LI-4), to Transit -Oriented Development District Mixed Use 6 (TODD MU-6). Mr. Jacobs read PB-19-003 into the record. 3. PB-19-004 and PB-19-005 Applicant: City of South Miami An Ordinance providing for a Small -Scale Map Amendment to the City of South Miami Comprehensive Plan Future Land Use Map (FLUM); expanding the boundary of the Transit Oriented Development District (TODD) future land use district by re -designating certain parcels, from Mixed -Use Commercial/Residential to Transit Oriented Development District. 127 rezoned to TODD MU-5, the MU-4 district is going to remain a part of the districts. That way, the City can use it later if needed. After discussing the different heights allowed in the TODD District, Mr. Basu asked how someone obtains the maximum height of 12 stories in the TODD MU-6 zoning district. Ms. Vargas responded that the district will have a minimum height of 4 stories, a maximum height of 8 stories and the developer can obtain a total of 12 stories through meetingthe bonus requirements forthe district. She then explained to the Board what the bonuses in TODD MU-6 are. Mr. Basu then stated that the bonuses are incentive based, to which Ms. Vargas stated yes. Mr. Basu stated that he didn't see any discussion on infrastructure parking which is very important. Ms. Vargas stated that the goal would be that developers would assemble enough land that would be suitable to a TODD District and provide the parking needed. She then stated that the goal was to also provide as little parking as possible so that it is like a TODD. There isn't a requirement for the City to build structure parking, but there are parking space regulations in the LDC for private providers. Mr. Basu stated that shared parking is an important element that should be discussed. Mr. Basu stated that in terms of economic analysis, there is a goal to maintain the light industrial area. The item presented doesn't promote the area, it gentrifies it. Additionally, some of the uses that would fit in the light industrial area require a special use approval which makes them harder to obtain. Mr. Basu stated that the 10% requirement for affordable housing is a good number. He then asked what a micro unit was. Ms. Vargas explained that a micro unit is defined in the draft ordinance. Mr. Basu then stated that he would have liked to see some discussion about live -work units, which could be used by artists who could be benefit from lofts that allow them to live and work in the same space. He also suggested single occupancy units that are similar to boarding houses where someone rents out a room and there is a common area for people to use. He then stated that what makes a building affordable is its cost. With green building design, the cost would be higher for buildings. Ms. Vargas responded that green building design does increase the cost, but it isn't as much as it used to be. She also stated that parking is one of the greatest costs. By reducing the amount of required parking and giving the developerthe ability to unbundle the parking from the unit, developers can make those units more affordable. Mr. Jacobs asked what is meant by unbundling the parking from the unit. Ms. Vargas explained that when renting a unit, the developer can separate the parking space from the unit if the tenant doesn't want to pay for 2 parking spaces. Doing so would make the unit more affordable. Mr. Borges asked if the current owners in the light industrial area will be affected, to which Ms. Vargas stated no. The current owners can continue to have their businesses in the new district without any issue. Mr. Borges then stated that he likes the idea of shared parking as a way to reduce the requirement for parking spaces. Mr. Basu stated that he doesn't understand why the developer should get an additional floor for assembling property. Ms. Vargas stated that it was placed as an incentive because the blocks in 29 Dr. Palmer stated that people will always need their cars. The City is asking for trouble if they allow a building to be made without any type of parking. Mr. Basu asked if there was any discussion on building heights. Ms. Vargas stated that the districts have a maximum height requirement. Mr. Basu then stated that the floors in the building could have varying heights so that different residential uses could be used such as live -work units. Mr. Basu stated that parameters of the draft ordinance need more work. Because of that, the ordinance should be worked on and then brought back to the Board. Ms. Tompkins stated that the discussion tonight has really focused on the text amendment that is before the Board. There are three (3) other items on the agenda that deal with the rezoning of properties. She then suggested that the Board focus the review on those items so that all their questions could be answered. Ms. Alicea asked why the full frontage bonus allocation in the TODD MU-5 not a full requirement. Ms. Vargas stated that because she didn't have the history on the full frontage bonus, she couldn't answer her question regarding the full frontage bonus. Ms. Tompkins added that while portions of the TODD ordinance were cleaned up, the item is not a complete rewrite of the district. The purpose of the draft ordinance was to create the TODD MU-6 regulations. Ms. Alicea stated that the City adopted a Complete Streets document some time ago. Possibly that document could be incorporated into these regulations. Mr. Borges asked if the Board was here to give suggestions on the draft ordinance or to vote on it. Mr. Pepe responded that the item was before the Board to get recommendations. The Chairperson opened the floor to public comments on PB-19-002, PB-19-003, PB-19-004 and PB-19-005 None The Chairperson closed the floor to public comments on PB-19-002, PB-19-003, PB-19-004 and PB-19-005 Dr. Palmer stated that the ordinance is a good start but there are areas that need to be improved Mr. Jacobs stated that this district is a major part of the town and putting something out like the draft ordinance can change it significantly. Mr. Borges asked if this will be the first time that the Commission sees the draft ordinance. Mr. Pepe responded that they've already seen the draft ordinance at first reading. Dr. Philips asked why some of the uses on the Permitted Use Schedule have been changed. Ms. Tompkins stated that because some of the uses that were changed add some level of pollution to the area, the City wanted to be able to review them on a case by case basis. Ms. Tompkins then stated that any existing use can stay to the extent that they are compliant with the LDC. 131 6 The amendment passed and will be added to the ordinance. Mr. Jacobs made an amendment to the motion. Motion: Dr. Philips moved to amend PB-19-002 so that the definition for affordable housing could be changed to the following: A ordable housin : Refers to housing that is attainable by residents makin between 500/6" of Area Median Income (AMD and at or below 80% AM] as published annually by the U.S. Department of Housing and Urban Development (HUD). The amendment was seconded by Dr. Palmer. Mr. Borges stated that he believes that Mr. Jacobs intent for the change is to ensure that more people qualify, to which Mr. Jacobs stated yes. Mr. Borges then stated that if that change is made, it will be difficult for a developerto come into the City to build. A change of this nature could price developers out of the City. Dr. Palmer withdrew her second on the motion. Because the motion proposed by Mr. Jacobs wasn't accepted by the maker of the original motion, it wasn't voted on. The Board then voted on PB-19-002 as a whole only with the amendment that was proposed by Dr. Philips. Vote: Yes 4, No 3 (Jacobs,_Paimer, Basu) Mr. Monterrey: Yes Mr. Jacobs: No Dr. Palmer: No Dr. Philips: Yes Ms. Alicea: Yes Mr. Borges: Yes Mr. Basu: No The Board approved PB-19-002 with Dr. Philips amendment. Motion: Mr. Borges moved to approve PB-19-003. Mr. Monterrey seconded the motion. Vote: Yes 6, No 1 (Jacobs} Mr. Basu: Yes Mr. Borges: Yes Ms. Alicea: Yes Dr. Philips: Yes Dr. Palmer: Yes Mr. Jacobs: No Mr. Monterrey: Yes The Board approved PB-19-003. 8 133 Vote: Yes 5 N❑ a None Mr. Basu: Yes Mr. Borges: Yes Ms. Alicea: Yes Dr. Philips: Yes Dr. Palmer: Yes Mr. Jacobs: Yes Mr. Monterrey: Abstained VII. Future Meeting Date: A) Tuesday, March 12, 2019 Vill. Adjournment The meeting was adjourned at 9:22 P.M. 10 135 CITY OF SOUTH MIAMI -NOTICE OF PUBLIC HEARINGS NOnCG t1t 11EMY gNen that the Clry of South Maanl. Florida proposes to adopt the following Orel JnCOR . M Orfllnance moduying the roH"Jmg necflona'Df the t eo Dwmjoprnent Code: ;ecYtm n-,l 12erdng Y C814cM a id pl/rPDe V4 and *, S&C'llan 20.3.3 PemJlteO u"Sdra[Fl*. Sec 20'14 $pp"N tlaa Cor,aalana old Mere Vln. Tiarldt-0AWEW DCVplppmdr( Dimm sonlorn 2E0.13 1 tlapilgh 204V An Ordinance amending the CRY a South Mfmd ORIcIW Zonlrg MOP to advance Gluts of the Compratm" Plan Future Lend We Bement mid the purpose of the lhrWt-&wiled tjprelpprponl DLnv +ndWN W foaorNmg m"flgo. Ilj COrLWn pWwkb from'rtWWL- OrwLted tlaretppment ➢WUKI Mlxod Use i UWD hrlA to TromA-0denhd Dmjjopmerd DlsbVt Kvbd Lrm 0 RODO hill-5) and M purloin pwrzw trom lrwtm-Opw tad DmrNcprrwA C %V&i LdA vrdrnhlm s (TOOO U-4). to ifenn;t-o i6vod:loreloprrgnt D mhsct+.w Dee s (T000 Mum). 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Y. )! f| !.!!ƒ|!!!|Z. �� I. ;�.!!!. ; !� "A I Local &,State Bilotti iirmlil MIAJMIH Swl*171UI9 r1MIHllrttq� COURTS ADA suits target hotels' websites for not disclosing how accessible they are two Keys resorts. because theta websites' The hotels typically set - BY is —GO mu. Cheri Honeywell and her reservations systems "fail tle with Honeywell and drooaharpfuryma.,.mm attorney, Jessica Kerr, of to provide information Kerr within a few months, the Advocacy Group in ,brae the""lat;ie firit cording to a review of A Fort Lauderdale wom- Fort Lauderdale, Fried tares of the hotel and its the cases and her attomey—who lawsuits this month in oma to persons wilh Citing confidentiality have reached settlements federal court against the disabilities." provisions, Kerr declined with at leas[ 20 hotels and Glunz Ocean Beach Hotel Honeywell and Kerr to disclose the details of motels in Florida over the and Resort in Key Colony have flied at least 31 law- the settlements. bust saes' websites not Beach and Cosa Momda in suits against hotels, motels, Requests for comments explaining how their prop- Islamonda. and resorts throughout the from Glom Ocean Beach cries meet the needs of The suits state that the state, starting with busi- Hotel and Casa Monde people with disabilities— hotels violated the Amer- nesses in North Florida in wentunanswered. have se[ their sights on (cans With Disabilities Act June 2018. A Fort Lauderdale woman issuing two Florida Keys hotels that her attorney said violated the Americans with Disabilities Act because their websites don't adequately detail their propertles' wheelchair accessibility features FROM PAGE ZIA pie, the City Commission league, so to speak"This the law will catch up to public officials to ea on made a controversies deci- type ofb technoworld[ today'ssa the side ofcaution.ist FACEBOOK on to pause as[reet violate the doesn't violate the spirit of world technology moves a[ technology e "The point is they're raising project that was the Sunshine Law, which a staggering pace." supposed to be having Partof Miami Beech's was created to keep public Miami Beach commis- these discussions in front body,evealfthe,enYmfe- Lp}raetr rttWe3"Where efforts to prepare for sea officals from negotiating ioners aren't the only ofthe public Brad aFace- ticn Takn place Online, in a the polling rural into a level rise. When a former backroom deals in SacmL public officials who have book account, an In as public forum. meeting is when the mem- Beach commissioner cdt- But social media has run into these issues. Three gram account, whatever While it's not illegal for bens of the body use Face- Iclml The deds(va tm sparked questions about members of a South Flor- else they may be using, public officals to post book to deliberate among Fecebook, residents and how Florida's broad open ida Water Management that's not public enough," about city business on themselves over an issue currentcommissioners government law applies to advisory board may have she said. Not all residents social media, responding to that might foreseeably responded. On one corn- the digital age, creating a violated the Sunshine Law see social media posts on another official's post me before them for a men, thread, Alemdn re- potential minefield for in 2017 when they dis- a particular page, she could be a violation of the vote." plied to a resident and then public officials. cussed a proposed Loke added, or know that city Sunshine Law, said Frank In the case of the en- another commissioner, "A lot of the times the Okeechobee reservoir on business is being dis- LoMome, director of the [mace sign, the City Com- Michael Gdngora, respond- challenge for public offi- Fecebook, according to the cussed online. University of Florida's mission had already voted ad as well. cin is is while [hey think TC Palm, Petersen and Aguila Brecha er Center for Free- to send the proposal to the "1 try never to comment they may be engaging Public officials have also said [hey weren't aware of don of Information. city's design review board, on other commissioners' within a public forum been criticized for deleting any cases involving earn - The IFloridel attorney but the issue will likely Fecebook posts on city where everything is trans- social media posts about mSssioners arguing on general's office has taken one back for another business as a course of parent, technically some- city business, which are social media that resulted the posidon that an ex- vote practice,"G6ngom said in times they may inadver- considered public records in criminalcharges. Lo- ,;hgpge of views among Arriola faW ter did not an email, adding that he tently inn afoul of the subject to disclosure and Monte said that at most, mettl6ers of an elected feel Ire vw vioAl ing the had commented on the letter of the law," said City retention requirements. in any violations of this na- board in any medium, even Sunshine Law by com- initial post before the other Attorney Raul Aguila, who Central Florida, is Eustis tore would likely result in unlina one, qualifies as anmeeting' menting on his colleague's commissioner weighed in. noted that in his expert- city commissioner may asmall fine. for purposes of post because commission- Alemdn said she also ence most online ex- have broken the Sunshine This isn't the fast time a Florida's open -meetings ers had already voted to tries to be careful not to changes of this nature are Law in 2017 when he in- Beach official has run into law," LoMonte said in an send the proposal to the engage with colleagues "in good faith and inad- vied other cities to donate trouble an social media. In email. And any public design review board. "We online. "Occasionally I'll variant." [heir Confederate monu- 2016, radio show host and meetings have to be open had already voted on the pas[ and I'll notice some- "These are not people ments to Eustis in a Face- activist Grant Stem sued to the public and adver- matter and I basically refit- times colleagues comment, who are calling each other book post, then deleted a then -Mayor Philip Levine used ahead of time anted what I said publicly but I'm always careful not up and having secret can- flood of negative cam- after he refused to turn "A commissioner could at a meedng," he said m to coment beck because 1 rsations or meeting in meets, the Daily aver a list of people he had certainly go on the official The discussion about the don'[ want [o violate the dark comers to discuss Commercial reported. blocked on social media. City Hell Facebook page entrance sign wasn't the Sunshine Law," she said. government business," he Barbara Petersen, presi- The legal dispute, which and post an announcement first time Beach commis- "And it can be frustrating added "The challenge is dent of the Florida First has yet to be resolved, about some upcoming sioners have taken to Face- at times because 1 may not advising [hem that the Amendment Foundation, centered on what social event, or even comment on book to discuss city busi- agree or I'd love to make a Sunshine Law does apply said that her organization media posts are deemed some newsworthy item. ness. counter -argument, but I to certain social media often gets questions about public under the Sunshine That's perfectly legal," Last summer, for exam- just have to bite my interactions and hopefully social media -She advises Law. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miumi, Florida will conduct Public Hcuring(s) at its regular City Commission meeting sehcd,kd fur Tuesday, Febmary 5, 2019 beginning at 7:00 rym., in the Cily Commission Chamber., 6130 Sunset Drive, to consider the following itcm(s): An Ordinance modifying the following sections of the )and Development Code: Section 20.7.1 -Zoning use districts and purrniws (A) and (B); Section 20-33 Permitted Usc Sch,dule; Section 20-3.4 Special Use Conditions; and Article Vill. Transit -Oriented Dcvclopmcnt District, Sections '_0-I11 through 20-8.17, An Ordinance amending Ne City of South Miumi Olficiul Zoning Map to ad vunee Gouts of the Comprchcnsivc Plun Future Land Us, Element and the purpose of the Tmnsir-Oriented D,vclopmcnt District including the follow ing rezoning,: (1) cenain panels from Transit -Oriented Dcvclopmcnt District Mixed Use 4 (TODD MU-4) in Tramit-Oriented Development District Mixed Use 5 (TODD MU-5): and (2) eerwin pared, from Transit -Oriented Development District Light Industrial 4 (FOOD LI- 4), to Transit-Onerted Development District Mixed Us, 6 (TODD MU-6), "City rot Saut6 Miami A Resolution auLhtmzi,g the City Manager to enter into a four year contralL for the ciuninuuliun of Miami Dud, County'., Dcparunent of Community Action and Human Service. arguing Meals for the Elderly Program at the South Miami PWza, 6701 SW 62nd Avc, South Miami, Florid. 33143 A Rewluu relating to a Vanua,, upplie.don a. reduce the inicinums front setback are, q,ire ,nt and 1, increase them imperycrage m requireent fora residential lawnhousc building located at 6606 SW 56 So - A R,snlutiun r,laling la u W uiv,r of Plut mquast 1. allow a subdivision of pmpeny located tit 6701 SW 58 Place and as I,gally d,,db,d herein. ALL interested remics are invited la attend and will be heard Far farther infurnmtion, please cundea the City Clcrk'x OIBcc at: 305-663-6340 Nkeng. A. Payne, CMC City Clerk Pursuant Ia Florida, Slamtes 286 0105. the Oly hereby udsi+a Nc public that if. person decides o appeal any d,d,ioa made by this Bowl, Agency .r Cnmmiseian with mpccl as any maucr n+idercd a1 its meeting or heann, he .,,he will nee,l a rcc.rd of the pmceediags, unit Nut far wch p.,c, alrcctcd parson may need In insure that a vcrbudm record of the pas,cedings is made which recnN includes the le, imnny unit evidence upon which he appeal is In be based CITY OF OPA-LOCKA NOTICE TO THE PUBLIC 9 PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY 5, 2019 NOTICE IS HEREBY GIVEN Not the City of Opa-locka Planning & Zoning Baud will hold a sp,ciol public hearing at a Meeting on Tuesday, February 5, 2019 at 7:00 PM at the Sherbondy Village, 215 Perviz. A —tic, Opudocka, Florida, to consider the following item (s): PUBLIC HEARINGS 1. APPLICANT NAME: T'FJAS CIIOKSI & RACI IANA ARORA 12815 NW 45m AVENUE, OPA-LOCKA, FL 33054 PROPERTY OWNER: STRK PROPERTIES, LLC 12815 NW 45n' AVENUE, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: VACANT LOT AT NW 43RD AVENUE & NW 133RD STREET OPA-LOCKA, FL 33054 REQUESTS: A RESOLUTION OF TI IF PLANNING & ZONING BOARD OF T'I IE CITY OF OPA- LOCKA. FLORIDA, RECOMMENDING APPROVAL OF A LAND USE DESIGNATION CIIANGH FROM GOVERNMENT' TO INDUSTRIAL FOR IT IE VACANT PROPERTY AT TIIE CORNER OF N W 43 AVENUE AN'D NW 133 STREET, OPA-LOCKA, FL 33054 AND IDEN''rIFIED BY FOLIO 08 2129- 00601 E I IN THE 1-3 ZONING DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION 021 IE PLANNING & ZONING BOARD OF TI Il: CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING FINAL SITE PLAN APPROVAL FOR THE CONSTRUCTION OF A 101500 SQUARE FOOT WAREHOUSE AND OFFICE ON THE UNDEVELOPED PROPERTY AT THE CORNER OINW 43 AVENUE AND NW 133 STREET, OPA-LOCKA, FL 33054 AND IDENTIFIFI) BY FOLIO 08-2I29-000-01I1 IN TIIE 1-3 ZONING DISTRICT; PROVIDING FOR AN hi-F'I:CMVE DATE A RESOLUTION OF TIIE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING APPROVAL OP TIIH DEVELOPMENT AGREEMENT CONCERNING THE CONSTRUCTION OF A 102,500 SQUARE FOOT WAREIIOL'SE AND OFFICE ON THE UNDEVELOPED PROPERTY AT TIIE CORNER OF NW 43 AVENUE AND NW 133 STREET, OPA-LOCKA,. FL 33054 AND IDENTIFIED BY FOLIO OB2129.000.0111 IN TIIE 1.3 ZONING DISTRICT: PROVIDING FOR AN EFFECTIVE DAT'F, Additional Information on the uhuve items may bc.btaincd in the OOice of the City Clerk. 780 Fisherman S-141h flour, Opa-lock., llorida 33054 All intereshed persons am encnumged to attend Ilya anuivig+and will be heard with respc,t Io the public hearings. In accoNanee wish the Arden—, with DiwbilihiAel of two. Ni,nons nreding special m"W"ions anparticip.le in the pmcreding should naiad the ORice of Ne City Clerk al D05) 953-2800 far ussislmc, no later than seven (7) days prior t. the proceeding If hearing impabcd, -vote may t,l,phonc th, Mande Rel,y Serviee at (800) 955-8771 ITTYI. (800) 955.8770 ( Voice), (1177) 955-8773 (Spanish) or (877) 955-8707 (Creole). PUBS CANT TO F'S 296.0105: Anyone who dust rn to appeal any decision mad, by any hna d, agerKy. or enmmisian with respect m any molter wn+id,rcd al wch m,elmg ter hearing will need recnN of the pru,eedings• aBd Fa, dltlTaslrrl. teat, and leepSWe rkil i terlW let navrdort). proceedings is made- which recnN includes the Ieslimnny and evidence upon which the appeal may be based. COP11-5 Or THE: PRrII'r1S1:a naCtrm XrS SHALL III: AVAII.ABkf: PRGM TNT: COMM1IL'NIrY UI:VIJ.III'F11�TT nPPARTxa:l.TANn ATTNI: PL'n1,IC HI'ARIHG Ordinance Applies to all Properties with "TODD" Designation, including current and future designations: RM-1 B y —.4 .Knf" PR "TODD MU4 TODD MUD + MO i = m PI 7 TODD MU-4 I TODD MU-5 n o t SR T R ' TODD-PI/ ! 3 1 NR An Ordinance amending the City of South Miami Official Zoning Map to advance Goals of the Comprehensive Plan Future Land Use Element and the purpose of the Transit - Oriented Development District including the following rezonings: (1) certain parcels from Transit -Oriented Development District Mixed Use 4 (TODD MU-4) to Transit -Oriented Development District Mixed Use 5 (TODD MU-5); and (2) certain parcels from Transit - Oriented Development District Light Industrial 4 (TODD LI-4), to Transit -Oriented Development District Mixed Use 6 (TODD MU-6). Ordinance Applies to Shaded Properties: n City of South Miami, Swthf4ami Zoning Map =7 _ PI E -..i. - `� • - i _. .. _. p I PR N Pk ."...`.' .. 1 xS-D 7ODDwuA .. 1 f per. •1 MC - YI ! . •eTODD MU-6 j 4 T RP• R 1��� rQ.v a,...� loon mud LYDDA PI PUD-H Upd—d 9/ 013 M.—by _ 143 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she Is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - FEB. 26, 2019 in the XXXX Court, was published in said newspaper in the issues of 02/15/2019 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dad e County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; end afflent further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, Swomd subscribed before me this 15 dim FEB RVARY, A.D. 2019 r GUILLERMO GARCIA personally known to me "' BARBARATHOMAS ,= Comrtission p GG 121171 `J? Expires November 2, 2021 •RF. BMW ftTroyI'doInwaineBoo-25.7019 SEE ATTACHED ACHED 145 4 An QMlnance amending the City of. South Miami Official -Zoning Map•to advance Coals of the Comprehensive Plan • Fulrire land Use Element and the purpose of the. Tranalt•Ortented Development Dlsirict including the following re¢oningX (1) cartaln parsceis from Transit -Oriented Develgpmeril•.D)Dt ict lvltloed Use 4 (rODA MU•4) to Tranelt-0rfented Development Dlspfct Mixed Use 6 GOOD MU-6); and (2) certain parcels from Transit-Orfonled Deveioprnerrt 01strloi Ught kid ArW 4 (TODD U-4),, to Transits -Oriented Devalopment 0l. h Ct MbMd Use 6 (rODD MU-6). Ordinance•Appllse to Shaded, Properfisk An Ordinance amending the City of ftMiwo. Code. of 0rd1nanoe% Chapter 17, adding Article Sacdons 17- 51 through 17.53 to provide far the regulaton of shared mobility devices. An grdirlenee amending Cbay ter 13A. Section• 13A•2 and adding 5ecWn.13A-23 corkmming the regulation of singie- use c wryayt gags, plastic straws and single -use potystyrens coridners, and pnNWIng tar legislative Intent, definidons, and establishing prohibition of and penaitiesfor the use at•thas0 items. An Ordinance am ding the•i7iy's1f South lvllerni Glide. of Ordinances, Chapter 15 MiUp[e 11 5ectian ]5-97 relating to noise exemption for Special events. All interested parties are invited:to attend and will be heard. For frJriher.infommation; .please oontaW the City Clerk's Offloe at 305-663-WO. - _ - Nkenga A. Payne, CMC Prirabent t6.y9odda StWwtas 286.0105, tha!®Ity hereby advises the puhlt>r tttfrt tfs peugan deddee to appeal any decision made by this Board, Agency .or Oammlanlon with respect to any matter considered at its meeting or hearing, he ar she wig need a,rord of the pr0.ceadings, and that for such purpose, affected person -may need 10 ensure that a verbatim record of the proceedings Is made. which regard Includes the testimony and evidence upon which theeppeal lsto be based. 19-12aidti 8o549M 2115 z/Z 147