Ord No 20-21-2410and
Ordinance No. 20-21-2410
An Ordinance amending the Land Development Code, Article II, Definitions, Article
III, Zoning Regulations, Article IV, Other Regulations, and Article VII, Hometown
District Overlay Ordinance, to amend the definition of boardinghouse, to establish
parking standards for such uses and to allow such uses in the Hometown District
Overlay Zone (HD).
WHEREAS, the City of South Miami has created the Hometown District Overlay Zone
(HD);
WHEREAS, the HD District requires an emphasis on mixed use development; and
WHEREAS, the HD District regulations are intended to maximize the nearby presence of a
mass transit center and encourage numerous different uses and related services in close proximity to
the transit center and to one another; and
WHEREAS, the HD District is well spaced from low density residential areas; and
WHEREAS, the development of residential dwelling units is encouraged in the HD district
to enhance the area's "sense of place"; and
WHEREAS, boardinghouse units are permitted in the Land Development Code;
and
WHEREAS, the City Commission wishes to allow boardinghouse units in the City's urban
core and to establish parking standards for such uses; and
WHEREAS, on July 13, 2021, the Planning Board held a public hearing on the ordinance
and voted unanimously to recommend approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. South Miami Land Development Code, article I1, "Definitions", Section 20-
2.3 Definitions is hereby amended to read as follows:
Boardinghouse means a building other than a hotel or motel where
lodging is provided for two (2) or more days (48 hours minimum) for compensation for
two (2), or fewer, unrelated occupants, or three (3) occupants if they are a family, on
properties of 12,000 square feet or less in lot size. The individual rooms may have a
microwave and a refrigerator that does not exceed 4.5 cubic feet or there may be one
complete communal kitchen for the convenience of all the occupants. Every room in a
Boardinghouse must meet all Fire Department safety requirements. Individual dwelling
units in a multi -family structure are not included in this definition. meals
for- three (3) er- Fnefe per -sons not ef the immedia4e family.
group
of
r-eems tie ingle habitable
unit
used er- intended te be used fer- living er- sleeping, but Fiet fer- -or- eating .
Page 1 of 5
Ord. No. 20-21-2410
Section 2. South Miami Land Development Code Article III, "Zoning Regulations",
Section 20-3.3(D) Permitted Use Schedule is hereby amended to read as follows:
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Ord. No. 20-21-2410
Section 3. South Miami Land Development Code Article IV, "Other Regulations",
Section 20-4.4 Off-street parking requirements, is hereby amended to read as follows:
***
(B) Space Requirements. The minimum number of off-street parking spaces required for
each permitted or special use shall be as set forth below and referenced in Section 20-
3.31). Where fractional spaces result, the number of spaces required shall be the next
highest whole number.
***
(17) One and one-half spaces per room.
Section 4. South Miami Land Development Code Article VII, "Hometown District
Overlay Ordinance', is hereby amended to read as follows:
C. Residential & Lodging Uses
Unadjusted Parking Requirements
Dwelling,
Townhouse
2 spaces per dwelling unit**
Boardinghouses
1.5 spaces per room
Dwelling,
Multi -Family 1+ bedrooms
2 spaces per dwelling unit**
Hotel
1 space per room + 2 additional
**Plus one (1) additional parking space required for every ten (10) units
Section 5. 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
product for signature.
Section 6. Codification. The provisions of this ordinance will become and be made part
of the Code of Ordinances of the City of South Miami as amended.
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.
Section 8. 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 9. Effective Date. This ordinance will become effective upon enactment.
PASSED AND ENACTED this 71h day of September, 2021.
ATTEST: APPROV D:
City Clerk � ayor
I" Reading — 8/17/21
2"d Reading — 9/7/21
Page 4 of 5
Ord. No. 20-21-2410
READ AND PR VED AS TO FORM:
LANGUA LCIALITY, A
EX THEREOF
T ATTORNEY
COMMISSION VOTE: 5-0
Mayor Philips: Yea
Commissioner Corey: Yea
Commissioner Gil: Yea
Commissioner Harris:
Commissioner Liebman: Yea
Yea
Pape 5 of 5
Agenda ftem No:20.
City Commission Agenda Item Report
Meeting Date: September 7, 2021
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the Land Development Code, Article II, Definitions, Article III, Zoning Regulations,
Article IV, Other Regulations, and Article VII, Hometown District Overlay Ordinance, to amend the definition of
boardinghouse, to establish parking standards for such uses and to allow such uses in the Hometown District
Overlay Zone (HD). 4/5 (Commissioner Liebman and Commissioner Corey)
Suggested Action:
Approval
Attachments:
Cove r_Memo_re_Boardinghouses_08172021.docx
RHometown_Boardinghouse_Ordinance_08172021CC_1st_Reading.docx
PB-21-010 Final PB Regular Meeting Minutes Excerpt - 07-13-2021.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Commission
VIA: Shari Kamali, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
DATE: August 17, 2021
SUBJECT:
An Ordinance amending the Land Development Code, Article II, Definitions, Article III, Zoning
Regulations, Article IV, Other Regulations, and Article VII, Hometown District Overlay
Ordinance, to amend the definition of boardinghouse, to establish parking standards for such
uses and to allow such uses in the Hometown District Overlay Zone (HD).
BACKGROUND:
The property located at 5850 Sunset Drive is zoned Specialty Retail (SR) within the Hometown
District Overlay Zone (HD). It is developed with a historically designated, two-story structure that
contains commercial space on the ground floor and eight small dwelling units on the second floor.
In the past, these units have been available for lease on a long-term basis. The new property
owner wishes to rent the units on a short-term basis like a hotel, which is a permitted use in the
HD, but the property does not meet the definition of Hotel. Renovating the building to make it fit
the hotel definition would be problematic given the building's structure, lay -out, and historic
designation and it would also likely be cost prohibitive. Consequently, he has sought support for
changing the Land Development Code's definition of boardinghouse in a way that would
accommodate his plans and add boardinghouse as a permitted use in the Hometown Overlay.
ANALYSIS:
Boardinghouse (rooming house) is defined as a building "other than a hotel or motel where
lodging is provided for compensation with or without meals for three (3) or more persons not of
the immediate family". They are permitted -by -right in some of the commercial zoning districts
although there are none licensed in the city. The proposed amendment adds Boardinghouse to
the list of uses permitted in the Hometown District but changes the definition in a way that limits
the size and intensity of the use. It also prevents individual apartment or condo residents from
using their dwelling unit as a short-term rental, to remain consistent with other regulations in
the LDC. A parking standard of 1.5 spaces per room will also be added to the LDC, as currently
there is no parking requirement.
2
Amendment re Boardinghouses
August 17, 2021
Page 2 of 2
PLANNING BOARD RECOMMENDATION:
After a public hearing on July 13, 2021, the Planning Board voted unanimously to approve the
ordinance with the stipulation that the rental timeframe be set at daily and above.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
• Draft Ordinance
• City Notice of Public Hearing
• Legal Ad
• Excerpt of Planning Board meeting minutes
3
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, July 13, 2021
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section SA-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 are 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 are not considered to be lobbyist: a
representative of a principal at a 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.gov).
I. Call to Order
Action: Ms. Bonich called the meeting to order at 7:02 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
II. Roll Call
Board Members Present Constituting a Quorum: Ms. Lisa Bonich (Chairperson), Mr. Jay Miller (Vice -
Chairperson), Mr. Orlando Borges, Mr. Lee Jacobs, Mr. Subrata Basu, Ms. Michelle Readon, and Ms.
Guirla H. Dodard.
Board Members Absent: None
City Staff Present: Ms. Shari Karnali (City Manager), Ms. Jane Tompkins (Planning Director), and Mr.
Marcus Lightfoot (Senior Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
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III. Administrative Matters
1. Introduction of New Planning Board Member
Ms. Bonich introduced the Board to Ms. Michelle Readon and Ms. Guirla H. Dodard, the newly
appointed Planning Board members.
IV. Public Hearings:
1. PB-21-010
Applicant: The City of South Miami
An Ordinance amending the Land Development Code, Article II, Definitions, Article III, Zoning
Regulations, Article IV, Other Regulations, and Article VII, Hometown District Overlay Ordinance,
to amend the definition of boardinghouse, to establish parking standards for such uses and to
allow such uses in the Hometown District Overlay Zone (HD).
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Ms. Bonich read PB-21-010 into the record.
Ms. Tompkins presented the item to the Board.
MS. Bonich inquired about the number of parking spaces for the building located at 5850 Sunset
Drive. Ms. Tompkins responded that the building has parking along the side of the building but
wasn't aware of the exact number of spaces on the site.
Mr. Borges stated that he had no issue with the proposed parking space restriction.
Mr. Miller stated that as a recommendation of approval, the ordinance does not address a
minimum length of stay. He then asked if Staff was comfortable with that limitation. Ms. Tompkins
responded that she would prefer to hear what the thoughts of the Board are on this topic. Mr.
Borges stated that it should be set at daily and above. Ms. Bonich stated that if the City is allowing
the property to be used, then it should be used as the property owner deems fit to make it
profitable. It should be left up to the owner, to which Mr. Borges agreed. Ms. Dodard asked if the
length of stay was already covered by the definition, to which Ms. Tompkins stated no. Mr. Borges
added that he was not comfortable with hourly stays. It should be daily.
The Chairperson opened the floor to public comments on PB-21-010.
• Mr. Jerry Proctor: Mr. Proctor, who was in support of the item, provided the Board with a
brief history on the building and its ownership. He then informed the Board that his cliem
would like to have flexibility when the length of stay is determined.
Mr. Borges asked if there was a timeline for when the renovation of the building would be
completed.
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• Mr. Marcos Puente: Answering Mr. Borges' question, Mr. Puentes responded that the hopes
to turn over the space to the tenant within the next 60 days. Afterwards, the tenant should
take about four (4) months to complete their interior buildout.
Mr. Jacobs asked how the rooms differ from those in a hotel. Mr. Proctor then explained to the
Board the differences between the building and the City's definition of a hotel.
Ms. Readon asked who would be handling the cleaning of the rooms. Mr. Proctor responded that
the property owner would be responsible through a management company that would maintain
the rooms. Mr. Proctor then reiterated to the board that they would like to have flexibility on the
length of stay.
Ms. Readon asked if there was a name for the building, to which Mr. Puente stated no. Ms. Readon
then asked if there were going to be other businesses in the building. Mr. Puente responded that
the ground floor has space for a restaurant at the rear of the building and a medical marijuana
dispensary will go into the space at the front of the building. Ms. Readon then asked if there will
be a place in the building where guests can go eat. Mr. Puente responded that because of its
location, there are restaurants in the immediate vicinity of the building. Last, Ms. Readon asked
if each unit will have a bathroom, to which Mr. Puente stated yes.
Mr. Borges asked the Board if they would consider adopting the legislation for the commercial
area of the City. Ms. Bonich stated that because of the way that it is written, very few buildings
would qualify with the draft ordinance.
The Chairperson closed the floor to public comments on P13-21-010.
With no further questions for the applicant, the Chair opened the floor to Board discussions. The
Board then discussed the item.
Ms. Bonich suggested that the Board approve the item and then make a separate item to discuss
the possibility of expanding the use to the other commercial areas.
Mr. Basu stated that the Board needs to look at the overall impact that the ordinance will have
on the commercial district. It shouldn't be limited to a specific site. He then said that it was a good
opportunity for the City to look at revising the "Boardinghouse" use because it was old
nomenclature that is rarely used anymore. The updated designation would be the "Single Room
Occupancy" (SRO) use. Mr. Basu then explained the specifics as to what the "Single Room
Occupancy" was. He then stated that he would like to see an ordinance that encompasses this
issue and how it impacts the overall downtown area and commercial districts.
Mr. Miller asked if there were kitchenettes in the units or a lobby in the building. He then asked
if this was a specific request for a specific building, to which Mr. Proctor stated no. Mr. Proctor
then responded that there were at least three (3) properties in the Hometown District that would
fit the regulations described in the draft ordinance. It would not create a monopoly for his client.
Mr. Miller asked if this was because the 3 properties fit the basic space constraints or was it
because they were chosen because of proximity. Mr. Proctor responded that those properties fit
the size limitations listed in the ordinance as well as how the buildings were configured.
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Mr. Borges asked Mr. Basu how the ordinance could be extended to the whole downtown district.
Mr. Basu responded that anytime there is an ordinance of this nature, you must look at all the
unintended consequences that could occur. He then stated that he wasn't against the concept
but doesn't like ordinances that address only one (1) property. It should be applied to the entire
commercial district.
Ms. Bonich asked Staff if the ordinance was written in a way that already had constraints for the
three (3) properties mentioned and could the Board piggyback when we move to motion to study
it as it relates to the larger area. Ms. Tompkins responded that she was not aware of any other
properties in the area and would need to study those properties to see how they fit the draft
ordinance. Ms. Tompkins also stated that the boardinghouse use is already permitted in a portion
of the City's commercial zoning districts. If there are smaller properties in those districts, there is
a possibility that they can be utilize this use if they fit the constraints of the ordinance. She then
explained to the Board that the "Boardinghouse" use was being amended so that it could be
added to the Hometown District.
Mr. Basu asked why there were constraints on square footage in the ordinance. Ms. Tompkins
responded that the reason behind it was the fact that there was a concern that a proliferation of
apartment buildings being converted to short term rentals. Mr. Basu then asked if Airbnb rentals
were permitted in the City, to which Ms. Tompkins responded that Airbnb is classified as tourist
dwellings and is only permitted in the City's commercial districts. Mr. Basu then asked if there
were any boardinghouses already, to which Ms. Tompkins stated no.
Mr. Borges asked about the number of units in the other buildings mentioned by Mr. Proctor. Mr.
Proctor responded that he was not aware of the configurations of the other buildings.
Mr. Borges asked what a tourist dwelling was. Ms. Tompkins then read the City's definition of
tourist dwelling to the Board.
With no further discussion, the Board made a motion on the item.
Motion: Mr. Borges moved to approve PB-21-010 as presented with the stipulation that the
timeframe be set to daily and above. The motion was seconded by Mr. Bonich.
Vote: Yes 7, No 0 (None)
Ms. Readon: Yes
Mr. Miller: Yes
Ms. Bonich: Yes
Ms. Dodard: Yes
Mr. Borges: Yes
Mr. Basu: Yes
Mr. Jacobs: Yes
The motion to approve PB-21-010 was unanimously approved by the Board.
V. Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
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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 May 11, 2021:
Motion: Mr. Miller moved to approve the meeting minutes as presented. The motion was
seconded by Ms. Bonich.
Vote: Yes 5, No 0 (None)
Mr. Borges: Yes
Ms. Bonich: Yes
Mr. Miller: Yes
Mr. Basu: Yes
Mr. Jacobs: Yes
Ms. Dodard: Abstain
Ms. Readon: Abstain
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: August 10, 2021
VIII. Adjournment
The meeting was adjourned at 10:18 P.M.
s
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