Loading...
Ord No 17-21-2407ORDINANCE NO. 17-21-2407 An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-1.3, 20-1.5 and 20-1.6 to clarify that when the City's Comprehensive Plan, or Land Development Code, provides a higher standard of land use or regulation, the higher standard must prevail over lesser standards, including those set forth in Miami -Dade County's Code for those properties located both within the City and within the Miami -Dade County Rapid Transit Zone and providing that all such properties must remain subject to all of the higher, or more restrictive, standards set forth in the City's Comprehensive Plan and Land Development Code. WHEREAS, on October 17. 1978, the Board of Miami -Dade County Commissioners, pursuant to Ordinance No. 78-74, established the Rapid Transit Zone for the Stage I Fixed Guideway Rapid Transit System in order to encourage development activity surrounding the rapid transit system; and WHEREAS, the Miami -Dade County's ("County") intent was to provide a coordinated review and analysis of mass transit facilities necessary to carry on a central metropolitan government in Miami -Dade County, however, the County has continued to increase areas included in the Rapid Transit Zone ("RTZ"); and WHEREAS, Section 33C-2 (C) of the Miami -Dade County Code provides that jurisdiction for regulatory decisions including, but not limited to: comprehensive planning; district boundary changes, special exceptions, variances, unusual uses, site plan approvals, and other zoning approvals; historic preservation; compliance with environmental regulations; issuance of building permits; building inspections; construction -related fire permits and inspections, but not fire suppression or fire rescue services or annual inspections for fire safety; compliance with the Florida Building Code and the Florida Fire Prevention Code; issuance of certificates of occupancy; building or zoning moratoria; subdivision approvals; and all other types of planning, zoning, subdivision, or building functions or other functions typically performed by departments. boards, or other entities that review or issue development permits or development orders, for "lands included within the RTZ, shall be vested in Miami -Dade County regardless of any municipal code, charter, or ordinance provisions to the contrary; and WHEREAS, the County is proposing to amend Chapter 33C of the County Code to provide for expansion of the Rapid Transit Zone (RTZ) District to include all existing Metrorail Corridors, the existing Palmetto and Dolphin Metrorail stations, the Miami Intermodal Center, the South Dade busway, all planned Smart Plan Corridors, and certain properties adjacent or nearby thereto; creating a Smart Corridor Subzone of the RTZ District; providing uses, regulatory framework, site plan review standards, and procedures for zoning approval in the Smart Corridor Subzone; amending procedures for other subzones and non-Metrorail development areas based on Smart Corridor Subzone procedures; amending section 33-314; and providing for County Commission jurisdiction over Smart Corridor Subzone applications; and Page 1 of 4 Ord. to. 17-21-2407 WHEREAS, the effect of the proposed amendment to Chapter 33C generally, Section 33-314 and the expansion of the RTZ to include a much larger swarth of properties located in the City of South Miami ("City") is to permit, as of right, higher density and intensity of development (Lower Standards) than what is provided for in the City of South Miami's Comprehensive Plan, and Land Development Code, as amended ("LDC"); and WHEREAS, Section 6.02 of the Miami -Dade County Charter provides that "[elach municipality shall have the authority to exercise all powers relating to its local affairs not inconsistent with this Charter. Each municipality may provide for higher standards of zoning, service, and regulation than those provided by the Board of County Commissioners in order that its individual character and standards may be preserved for its citizens'; and WHEREAS, the expansion of the County's jurisdiction to properties within the City threatens the orderly development and the health, safety, convenience, prosperity and welfare of the present and future citizens of the City as well as requiring Lower Standards that degrade the individual character and Higher Standards that the City's citizens demand and that must be preserved for them; and WHEREAS, the Planning Board, at its meeting on August 10, 2021, following an advertised public hearing, unanimously approved the proposed ordinance amending City of South Miami Land Development Code, Chapter 20, Sections 20-1.3, 20-1.5 and 20-1.6; and WHEREAS, the City Commission has considered whether the proposed text amendment as stated herein will further the goals, objectives, and policies of the South Miami Comprehensive Plan, the City's Land Development Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed text amendments as stated herein, including changed or changing conditions that make the passage of this ordinance necessary; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the City's Land Development Code for the purpose stated herein; 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. Chapter 20, Sections 20-1.3, 20-1.5 and 20-1.6 of the City of South Miami's Land Development Code are hereby amended and shall read as follows: 20-1.3 - Purpose and intent. (A) Health, Safety and Welfare. It is the purpose and intent of this Code to promote the health, safety, community acceptable standard of morals and general welfare of the residents of the City of South Miami through the stated regulations of this Code. Page 2 of 4 Ord. No. 17-21-2407 (B) Plan Implementation. It is the purpose and intent of this Code to implement the recommendations of the City's adopted Comprehensive Plan and to insure that adequate public facilities and services shall be available to accommodate new development. (C) Permissive Regulations. It is the intent of the language in this Code to be permissive, rather than prohibitive in nature. In other words, uses and structures not specifically permitted shall be prohibited. (D) Minimum Requirements. These regulations and the City's Comprehensive Plan shall be ,.,.nsidered are the minimum requirements for administration, enforcement, procedures, restrictions, standards, uses, variances, and all other areas addressed by this Code, and, if any other existing ordinance or regulation allows lesser regulation, including lands that are within the Miami -Dade County Rapid Transit System Development Zone or the Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code (County Regulation) that have a lower standard of services or less restrictive standard of zoning and regulation than the City's Comprehensive Plan or the Qy's Land Development Code (LDC), the Ci 's Comprehensive Plan will govern first and then this LDC will shall govern before the County Regulation governs, so that in all cases, the more restrictive limitation or requirement must shall govern. 20-1.5 - Jurisdiction. The provisions of this Code shall apply to all the territory encompassed in the jurisdictional area of the City of South Miami where authority may be exercised pursuant to Florida Statutes, Section 163.3171, including lands that are part of the Miami -Dade County Rapid Transit System Development Zone or the Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade Countv Code. 20-1.6 - Conflicting provisions. Where a conflict exists between any limitation or requirement in this Code and any applicable limitation or requirement elsewhere in this Code, the more restrictive limitation or requirement, or the regulation that imposes the higher standard of services and more restrictive land use and land development regulation (Higher Standards) must govern and must shall prevail. Where there is a conflict between the Miami -Dade County Comprehensive Development Master Plan (CDMP) or the County Code of Ordinances (collectively referred to as County Regulations) and this Code or the City's Comprehensive Plan, if the Miami -Dade County Charter authorizes municipal regulations to prevail or authorizes municipalities to enforce a Higher Standard, then the Higher Standards of this Code and of the City's Comprehensive Plan will take precedence and prevail over the County Regulations. Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, must remain subject to all of the provisions of City's Comprehensive Plan and the City's Land Development Code that provide for a Higher Standard. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance. Page 3 of 4 Ord.'No 17-21-2407 Section 4. Codification. The provisions of this ordinance will become and be made part of the City of South Miami Land Development Code as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 5. 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. 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 will not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance will become effective upon enactment. PASSED AND ENACTED this 7T" day of September, 2021. ATTEST: I" Reading - 8/17/21 god Reading - 9/7/21 APPROVED: M� AYOR COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 4 of 4 Agenda Item No:17. City Commission Agenda Item Report Meeting Date: September7, 2021 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-1.3, 20-1.5 and 20-1.6 to clarify that when the City's Comprehensive Plan, or Land Development Code, provides a higher standard of land use or regulation, the higher standard must prevail over lesser standards, including those set forth in Miami -Dade County's Code for those properties located both within the City and within the Miami -Dade County Rapid Transit Zone and providing that all such properties must remain subject to all of the higher, or more restrictive, standards set forth in the City's Comprehensive Plan and Land Development Code. 3/5 (Mayor Philips) Suggested Action: Attachments: Memorandum from_CA_to_CC_1_ docx Ord requiring more restrictive density & Intensity in RTZ-PBdCArev(2).doc PB-21-013 Draft PB Regular Meeting Minutes Excerpt - 08-10-2021.pdf South Miami THE MY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER -OFFICE MEMORANDUM ro: The Honorable Mayor, and Members of the City Commission From: Thomas F. Pepe, City Attorney Date: August 17, 2021 SUBJECT: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-1.3, 20-1.5 and 20-1.6 to clarify that when the City's Comprehensive Plan, or Land Development Code, provides a higher standard of land use or regulation, the higher standard must prevail over lesser standards, including those set forth in Miami -Dade County's Code for those properties located both within the City and within the Miami - Dade County Rapid Transit Zone and providing that all such properties must remain subject to all of the higher, or more restrictive, standards set forth in the City's Comprehensive Plan and Land Development Code. BACKGROUND: Miami -Dade County controls development regulations in the Metrorail corridors through the Rapid Transit Zone (RTZ) zoning district, which was established in the 1970s. The RTZ applies to unincorporated land in the corridors as well as to some stations located inside incorporated areas such as South Miami. More specifically, the County has exercised control over decisions pertaining to comprehensive planning and zoning approvals including site plans, variances, and district boundary changes, among other development decisions in the RTZ. Recently, County Commissioners have expressed interest in expanding the width of the RTZ and increasing development densities and intensities with the purported goal of increasing transit services. A proposed County ordinance that is being considered would expand the area controlled by the County to A mile on either side of U.S. 1. The map below depicts the area of South Miami that would fall under the County's purported authority. 2 �So_ilth Mlamr Mid�e Cemerq--'- 9LMImunq Sc The Pposlte Palmer Park lurch sw wm a P isirsm sl � i Bw nvµ,11 n I" y , QMUAay Sw ME.3 An Community dsouthMiami:...;,,; © © w Miami Hospital© %The Satty Donut ". _ South Miami /..., Paco s � i cnaa e MI { SW 72 i pSv a CM, ta& fly / / Q less lot es6 Vr0aSW1'Plhetrest � / GulItI v Prep I Upper / V ©SciwolCampus f • t m SYSao, S Caoogk The dashed purple lines approximate the ''/: mile boundary. Along with expanding the area of county control, the ordinance also increases the development densities allowed in the corridor. Half of the corridor (in other words, a mile wide strip on either side of U.S. 1) could be developed at a density of sixty (60) units per acre. The other half (or, Y. mde to % mile further out from U.S. 1) could be developed at a density of thirty-six (36) units per acre. ANALYSIS: The Miami -Dade County Charter, Section 6.02 provides that "[e]ach municipality shall have the authority to exercise all powers relating to its local affairs not inconsistent with this Charter. Each municipality may provide for higher standards of zoning, service, and regulation than those provided by the Board of County Commissioners in order that its individual character and standards may be preserved for its citizens". Since the County Charter uses the term "higher standards" to mean a standard that protects the individual character and standards of the City's 3 citizens, the same term is being used in the ordinance, but it is capitalized and defined to ensure that its meaning, as used in the ordinance, includes more restrictive zoning and land use. Thus, the ordinance before the City Commission amends several provisions of the South Miami Land Development Code (LDC) to affirmatively state that the more restrictive provisions of the LDC and the South Miami Comprehensive Plan control the development of land in South Miami, including land within the RTZ. RECOMMENDATION: City Attorney and Staff recommend approval of the proposed ordinance. Attachments: • Draft Ordinance 4 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, August 10, 2021 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who ore retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following ore not considered to be lobbyist: a representative of a principal at o quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not -for -profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.R20. I. Call to Order Action: Mr. Miller called the meeting to order at 6:59 P.M. Mr. Pepe provided the Board and public with the rules for the meeting. if. Roll Call Board Members Present Constituting a Quorum: Mr. Jay Miller (Vice -Chairperson), Mr. Lee Jacobs, Ms. Michelle Readon, and Ms. Guirla H. Dodard. Board Members Absent: Ms. Lisa Bonich (Chairperson), Mr. Orlando Borges, Mr. Subrata Basu. City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Thomas Pepe. III. Administrative Matters None at this Time 1 E IV. Public Hearings: 1. PB-21-013 Applicant: The City of South Miami An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-1.3, 20-1.5 and 20-1.6 to clarify that when the City's Comprehensive Plan, or Land Development Code, provides a higher standard of land use or regulation, the higher standard must prevail over lesser standards, including those set forth in Miami -Dade County's Code for those properties located both within the City and within the Miami -Dade County Rapid Transit Zone and providing that all such properties must remain subject to all of the higher, or more restrictive, standards set forth in the City's Comprehensive Plan and Land Development Code. Applicant: The City of South Miami, represented by Ms. lane Tompkins, AICP (Planning Director) Mr. Miller read PB-21-013 into the record. Ms. Tompkins presented the item to the Board. Mr. Pepe then provided additional information on the item. Mr. Miller asked if Miami -Dade County completely understand that this ordinance will limit development in the subject area defined as the Rapid Transit Zone (RTZ). Mr. Pepe responded that all the properties that are in the RTZ are going to be taking steps like what the City is proposing. Mr. Pepe then added that the City may end up in litigation over the ordinance. Mr. Miller asked if the City of Coral Gables suffered from the fact that Miami -Dade County trumped them on a development rights perspective for the area around Douglas Road, to which Mr. Pepe stated no because the City of Coral Gables has a much larger density and intensity than the City of South Miami. Mr. Jacobs stated that he spoke to people in his neighborhood about the ordinance and was shocked that no one was informed of what Miami -Dade County was proposing. He then explained that the County's reason for increasing density to encourage mass transit was not correct. Mr. Miller stated that the City's ordinance places control of development of the area back into the City's court, to which Mr. Pepe stated yes. Ms. Dodard asked if the City could have different standards for development but the County's standards for density and intensity must be followed. Mr. Pepe responded that he believes that the City has the right to restrict development in the RTZ and thatthe County's standards are higher standards, but the City's standards could be more restrictive. The Chairperson opened the floor to public comments on PB-21-013. • None The Chairperson closed the floor to public comments on PB-21-013. 10 Mr. Jacobs asked what the rule was for notifying people about the draft ordinance. Mr. Pepe responded that the meeting agenda is noticed to the public. The City receives notice of the ordinances proposed by the County and decides if they should be further studied. Mr. Miller then asked if the County had different notice requirements than the City, to which Mr. Pepe stated yes. Mr. Jacobs asked if higher standards meant higher buildings. Mr. Pepe responded that higher standards mean higher density and higher intensity which can be less restrictive than the standards set by the City. Mr. Miller asked if the Board should look to make sure that it is clear that the regulations are more restrictive so that there isn't any confusion. Mr. Pepe stated that he used the language that was in the County Charter so that there wasn't any confusion. Mr. Pepe then read line 8 —12 of page 3 of the draft ordinance out loud for the Board, to which Mr. Miller stated that he was comfortable with the wording. Mr. Pepe then read the other sections of the ordinance that dealt with higher standards and noticed that there may be confusion with line 24 — 27 of page 3 of the ordinance. Mr. Pepe then requested that he be allowed to make changes to the ordinance so that there is no confusion. Mr. Jacobs asked if there will be a loss of taxes to the County, to which Mr. Pepe stated that he was not sure. With no further discussion, the Board made a motion on the item. Motion: Mr. Jacobs moved to amend PB-21-013 in order to authorize the City Attorney to make additional changes to the proposed ordinance that makes it clear that the regulations that govern should be more restrictive. The motion was seconded by Mr. Miller. Vote: Yes 4, No 0 (None) Ms. Readon: Yes Mr. Miller: Yes Ms. Dodard: Yes Mr. Jacobs: Yes The motion to amend PB-21-013 was unanimously approved by the Board. Motion: Mr. Jacobs moved to approve PB-21-013 as amended. The motion was seconded by Ms. Readon. Vote: Yes 4, No 0 (None) Ms. Readon: Yes Mr. Miller: Yes Ms. Dodard: Yes Mr. Jacobs: Yes The motion to approve PB-21-013 as amended was unanimously approved by the Board. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. 11 Public Comments Section There were no Public Comments. New Business Section There was no business discussed. The Chairperson closed the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of July 13, 2021: Motion: Mr. Jacobs moved to approve the meeting minutes as presented. The motion was seconded by Ms. Ms. Readon. Vote: Yes 4, No 0 (None) Mr. Miller: Yes Mr. Jacobs: Yes Ms. Dodard: Yes Ms. Readon: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: September 14, 2021 VIII. Adjournment The meeting was adjourned at 7:37 P.M. a 12