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Ord No 09-24-2494ORDINANCE NO. 09-24-2494 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE III "ZONING REGULATIONS" AND ARTICLE VIII "TRANSIT- ORIENTED DEVELOPMENT DISTRICT" REGULATIONS TO CLARIFY THE EXTENT OF THE TRANSIT-ORIENTED DEVELOPMENT AREA AND MODIFY REQUIREMENTS APPLICABLE TO DWELLING UNITS; AUTHORIZING REVISION OF THE CITY OF SOUTH MIAMI OFFICIAL ZONING MAP CONSISTENT WITH THE NOMENCLATURE OF THE AMENDED REGULATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. WHEREAS, Article VTII, Section 2 of the Florida Constih1tion, and Chapter 166, Florida Statutes, provides municipalities with the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, the City of South Miami (the "City") has adopted a Land Development Code (the "LDC") to promote the health, safety, community acceptable standard of morals and general welfare of the residents of the City of South Miami tlu·ough the stated regulations of this LDC; and WHEREAS, the City Commission finds it periodically necessary to amend the LDC in order to update regulations and procedures to implement planning goals and objectives; and WHEREAS, Articles III. And VIll. of the LDC establish and provide regulations for a transit-oriented development district known as the TODD, which district is intended to support transit activities occurring at the South Miami Metrorail site; and WHEREAS, Florida Senate Bill 328 (2024)/House Bill 1239 (2024) (the "Live Local Glitch Bill") provides specific allowances for developments located within transit-oriented developments or areas that may not be appropriate for the entirety of the TODD as presently constituted; and Page 1 of4 Ord. No. 09-24-2494 WHEREAS, the City Commission finds that such allowances, which include elimination of all parking require ments for qualifying affordable housing development, could have significant adverse impacts to the City and its residents if applied to the entirety of the current TODD; and WHEREAS, the City Commission desires to distinguish between the portion of the current TODD that is truly transit-oriented and located contiguous to or abutting the South Miami Metrorail Station, and, thus, befitting of the allowances provided by the Live Local Glitch Bill, which area shall bear the name Transit-Oriented Development Area -"TODA", and the remaining po1iion of the current TODD that is transit supportive and worthy of incentives provided by local law but not the full extent of the allowances provided by the Live Local Glitch Bill, which district shall be renamed to Transit-Supportive Development District -"TSDD"; and WHEREAS, the City Conunission desires that the development of Affordable Housing units encouraged by the Live Local Glitch Bill provide sufficient floor area and unit types propo1iionate to market rate units in the same development; and WHEREAS, the City Conunission finds that this Ordinance is in the best interest and welfare of the City, and given the timing of the Live Local Glitch Bill, is of such importance as to support holding first reading in advance of a public hearing of the Planning Board, and therefore approved it on first reading on March 5, 2024; and WHEREAS, on March 12, 2024, the Planning Board, sitting in its capacity as the Local Planning Agency, reviewed this Ordinance and recommended approval but urged the Commission consider expanding the TODA area; and WHEREAS, on March 19, 2024, the Mayor and City Commission conducted a duly noticed public hearing as required by law and adopted this ordinance on second reading. Page 2 of4 Ord. No. 09-24-2494 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending Article III. Article ill. Zoning Regulations of the LDC is hereby amended to read as set forth in Exhibit "A." Section 3. Amending Article VIII. At1icle Vlli. Transit-Oriented Development District of the LDC is hereby amended to read as set fo11h in Exhibit "B." Section 4. Authorizing Revision of the Zoning Map. The City Manager is hereby authorized to revise the Official Zoning Map to reflect the nomenclature of the amended zoning regu lations, specifically renaming the TODD to Transit-Supportive Development District - TSDD, with properties within the TSDD that are contiguous to or abutting the South Miami Metrorail Station designated as Transit-Oriented Development At·ea -TODA. The City Manager is further authorized to take all action necessary to implement the revisions to the Official Zoning Map and the purposes of this Resolution. 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 Ordinance for signature. Section 6. Severability. If any sec tion, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstih1tional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. 1 Coding: Strikelhreugh wards are deletions to the existing words. Underlined words nre additions to the existing words. Modifications proposed by the Planning Board nre shaded in grey. Changes between first nnd second rending are indicated with de11blo slfihollY:euglt and double underline. Modifications made at second reading ore shaded in Harle gre\1. Page 3 of4 Ord. No. 09-24-2494 Section 7. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 8. Imp lementation. The City Manager is hereby authorized to take any and all necessary action to implement the pwposes of this Ordinance. Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption. PASSED on first reading on the 5th day of March, 2024. PASSED AND ADOPTED on second reading on the 19th day of March, 2024. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF WEISS S ROTA HELF & BIERMAN, P.L. CITY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Conunissioner Liebman: Commissioner Corey: Page 4 of4 Ord. No. 09-24-2494 Exhlblt"A" ARTICLE Ill. ZONING REGULATIONS 1 20-3.1 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-three (33) zoning use, overlay and special districts with the symbol designations and general purposes listed below and permitted uses set forth In Section 20· 3.3(0). Except as expressly set forth within the regulations governing the OS district, standards shall be uniform throughout each district. District symbols and names shall be known as: Symbol Name RS-1 Estate Residential RS-2 Semi-Estate Residential RS-3 Low Densltv Slngle-Famlly RS-4 Slngle-Famllv RS·S Slngle-Famllv (SO' lots) RT-6 Townhouse Residential RT-9 Two-Family/Townhouse Residential RM-18 Low Densltv Multl-Famllv Residential RM-24 Medium Density Multi-Family Residential RO Resldential Office LO Low-Intensity Office MO Medium-Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TSDD :rG99 (MU-4) Transit-Supportive OFlented Development District (Mixed Use-4) TSDD :mOD (MU·S) Transit-Supportive OFlenled Development District (Mixed Use-SI Ifilm:WOO(MU-6) Transit-Supportive OFlented Development District (Mixed Use-&) TSDD -lQ99 (MU-M) Transit-Supportive 9Flented Development District (Mixed Use-Market) !film :JG99 (Pl) Transit-Supportive OFiented Development District (Publlc/lnstltutlonal) ~:rG99(PR) Transit-Supportive 0Flentetl Development District (Parks & Recreation) PUD-R Planned Unit Development•Resldentlal PUD-M Planned Unit Development-Mixed Use PUO-H Planned Unit Development-Hospital 1 Coding: 8lril1:etltreugli wenls are deletions to the existing words. Underlined words are additions to the existing words. Modifications proposed by the Planning Board are shaded in ~Y,-Changes between first and second reading are indicated with dauhle sllilHlmough and double underline. Modifications made at second reading are shaded in B&iil.V. South Miami, Florida, land Development Code (Supp. No. 25) Page1of 14 Created: 2023•01•20 14:27:SS (EST) Ord. No. 09-24-2494 HP-OV Historic Preservation Overlay HD-OV Hometown Di strict Overlay cs-ov Community Service Overlay H Hospital Pi Public/institutional PR Parks and Recreation MU-AH Mixed Use-Affordable Housing (Two-Story) R Religious DS Downtown SoMi (B) District Purpose Statements. • •• (16)-(21) "TSDD +0(}(}'~ Transit-Supportive 0Fielttee Development District: (includes sub-categories TSDD +0l}(} (MU-4), TSDD+0l)l} (MU-5), TSDD +0l)l} (MU-6), TSDD +f>OO (MU-M), TSDD +f>OO (Pi), and TSDD +f>OO (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 TSDD +f>OO is intended to provide for the development of office, retail, residential uses, and related services in multi-story and mixed-use projects that are characteristic of transit-supportive oFl~ 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 portion of the TSDD consisting of properties contiguous or abutting the South Miami M etrorail Station property is known as the Transit-Oriented Development Area ("TODA") The El i striet Is appropriate in areas designated "Transit Oriented Develap~lstrict" on the Cit•,•'s adapted Comprehensl•1e Plan anEI F1it1ire Lana Use Map. • •• Crutod: 2023 ·01·20 14:27 :53 [ES T) (Supp. No. 25) Page 2 of 14 Ord. No. 09-24-2494 20-3.3 Permitted use schedule. • •• (C) Permitted Use Schedule. • •• Croatad: 2023-01-20 14:27:54 (ESl) (Supp. No, 25) Page3of14 Ord. No. 09-24-2494 p = s = COND = PARK = X = USElYPE ZONING DISTRICT R R R R R R R L R R L M s s s s s T T R M 0 0 0 1 2 3 4 5 6 9 M 2 1 4 8 PLANNED UNIT s s s s s s s s s s s s DEVELOPMENT RESIDENTIAL USES Adult Family s s s s s s s s s s care Home Assisted Living Facility (ALF) Boardinghouse p p Dwelling, p p p p p p p p p s Single-Family Dwelling, p p Tourist Dwelling, p p p p s Townhouse Dwelling, Two-p p p p s Family (SUpp. No. 25) SECTION 20·3.3(0) PERMITTED USE SCHEDULE N s G M '13H2. TSDD R R R u +QOO +Q99 A M M H u u 4 s s s s s s s s p p p p p p p p p p p p PERMITTED BY RIGHT PERMlmD AS SPECIAL USE SPECAL USE CONDITIONS (See Section 20-3.4) PARKING REQUIREMEN1S (See Section 20-4.4(8) and as modified by Article VIII to TSDV +QQD parking) No conditions were adopted ~ TSDD m2Q. TSDD H p R p D +000 +Q99 +009 +Q99 I R s M M p p u u I R 6 M s s s p p p p p C~ated: 2823•81•29 14:27:54 (EST] Page4of 14 C p 0 A N R D K 8 13 1 13 18 17 17 1 3 17 2 17 1 Ord. No. 09-24-2494 Dwelling, p p s p p p p p p p 17 3 Multi-Family Community p p p p p p 13 1 Residential Home, 7or more Group Home I s s s s s s s s s s s s s s 1S 1 Ucensed (6 or less) Group Hornell s s s s s s s s s s s s s s 15 1 Unlicensed (6 or less) Home-Based p p p p p p p p p p p p p p p p p Businesses accessory to a dwelling unit4 Live-work s s s s PUBLIC AND INSTITUTIONAL USES Adult Day care s s 11 Facility Child care s s s s s s s s p p s s p s p p 23 10 Facility (7 or more children) Community p Facilities Community s s s s s s 25 Garden Continuing 13 18 care Retirement Community (CCRC) Early p p p p p s p p p 11 childhood child Created: 2823•81•28 14:27:54 (EST) (SUpp. No. 25) PageSof 14 Ord. No. 09-24-2494 care, Pre-K, Pre-School Fraternal s s s s s p p p p p s s p 2 7 Organization or Private Club Governmental p p p p p p p p p p p p 10 Administration Hospital s 14 s Mobile Pet p p p p p p p p p -- Grooming Service Museum, p p p p p p p p p p p p 12 Ubrary or Art Gallery Nursing p p p p p 13 18 Home/Skilled Nursing Facifity Greenway, p p p p p p p p p p p p p p p p p p p p p p p Park, Plaza, or Playground, Public Social Services s s s s s s s s s s s s 10 Agency EDUCATIONAL USES School, s s s s s s s 23 12 Elementary or Secondary School p 12 (ancillary to principle use), Church School, Private s s s s s s 23 12 or Charter School, s s s s s s s 23 12 Vocational Created: 2823•82.•28 14:27:54 (EST) (SUpp. No. 25) Page6of 14 Ord. No. 09-24-2494 RELIGIOUS USES Church, s s s s s s p 1 6 Temple, Synagogue or Mosque USETYPE ZONING DISTRICT R L M N s G M T T T T T T H p p D C p 0 0 0 R R R u s s s s s s I R s 0 A A D D D D D D N R H D D D D D D D K M M M M p p u u u u I R 4 5 6 M BUSINESS AND PROFESSIONAL SERVICES Accessory Medical Services p p p p s 18 7 Accounting and Auditing Services p p p p p p p p p p 10 Acupuncturist p 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 p 10 Animal Hospital or Veterinarian s s s s s 21 12 Architectural Services p p p p p p p p p p 10 Automobile Parking Structure p p p p p Automobile Rental Agency s s p1 22 11 •• Automobile Repair and Body Shop s 11 Automobile Repair s s 11 Automobile Upholstery and Top Shop s 11 Automobile Washing/Detailing Operations s 10 11 Bank or Savings Institutions, Mortgage Banking/Mortgage p p p p p p p p p 11 Brokerage Created: 2823-81-29 14:27:54 [EST] (Supp. No. 25) Page7of 14 Ord. No. 09-24-2494 Beauty or Barber Shop (includes nail/skin care as accessory or as p p p p p p p p p p p p 11 separate establishment) Bed and Breakfast p p p p p 4 Billiard Parlor s p 11 Bowling Alley or Skating Rink s s p 11 16 Bowling Alley/Restaurant/Entertainment Center s s s s p 16 Building Contractors Office p p p p p p p p p 10 Carpet Cleaning Service s 11 catering Services p p p 11 Chiropractic Office or Clinic p p p p p p p p p p s p 14 9 Counseling Services p p p p p p p p p p p p 10 Contractor Plant and Storage 14 Computer Supplies and Services p p p p p p p p p p 11 Credit Reporting Services p p p p p p p p p 10 Dentist Office in the GR District, no more than one dentist office p p p p p p p p p p p p p 9 per building and limited to 15% of total building gross floor area Dry Cleaning Substation (no processing) s s p p p p p p p p p 16 11 Dry Oeaning Plant s s s s s s 7 11 Employment Agency p p p p p p p p p 10 Engineering Services p p p p p p p p p p 10 Film Processing Substation s s p p p p p p p 16 11 -Funeral Home s s 3 11 Hotel or Motel p p p p p p p p p 4 Insurance Agency p p p p p p p p p p p 10 Interior Decorator, Showroom and Salesroom p p p p p p p p p 10 Interior Decorator, Office only p p p p p p p p p 10 Investigative Services p p p p p p p p p p 10 Investment and Tax Counseling p p p p p p p p p p 10 Laboratory, Medical or Dental p p p p p p p p p p 9 Laundromat p p p p p p 11 Law Office p p p p p p p p p p 10 Lawn Maintenance Services 11 Leaming Centers or Educational Facilities p 10 CN!ated: 2823·81·28 14:27:54 [EST] (SUpp. No. 25) Page8of 14 Ord. No. 09-24-2494 Loan or Finance Agency p p p p p p p p p 10 Mail and Parcel Center p p p p p p p p p p p 10 Market Research Services p p p p p p p p p p 10 Massage Therapist p p p p p p p p p p p p 9 Medical Office p p p p p p p p p p 9 Messenger or Courier Services p p p 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 p 20 na Notary Public p p p p p p p p p p p 10 Office, Business or Professional p p p p p• p p p p p p 10 • 50% of ground floor square footage must be retail uses Opticians or Optical Goods p p p p p p p p p p p 9 Personal Skills Instruction Studio•••• p p p p p p p p p p p p 10 Photographic Studio p p p p p p p p p P. 11 Physical F"rt:ness Facility**** s s s p p p p p p p 25 11 Physical Therapist p p p p p p p p p p 9 Picture Framing Store p p p p p p p 11 Planning and Zoning Consultant p 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 p p 10 Quick Printing p p p p p p p p p p p 11 Radio and Television Repair Shop p p 11 Real Estate Agency p p p p p p p p p p p 10 Reproduction and Stenographic Services p p p p p p p p p 11 Research and Development, Incubator p p p 14 Reupholstery and Furniture Repair Services s s 12 Shoe Repair Shop p p p p p p p p 11 Stock Brokerage p p p p p p p p p 10 Tailor or Seamstress p p p p p p p 11 Tanning Studio p p p p p 11 •• Telephone Answering Services p p p p p p p p p 11 Tutorial Services p p p p p p p p p p 11 Auditorium, Theater or Cinema p p p p p p 15 CreatC!d: 2023-81-28 1':27:54 [EST) (SUpp. No. 25) Page9of 14 Ord. No. 09-24-2494 Travel Agency p p p p p p p p p p 10 Watch and Clock Sales a nd Repai r p p p p p p p p 11 RETAIL AND W HOLESALE TRADE Air Conditioning Sal es and Services p p 11 Antique or Curio Shop p p p p p p p p 11 Automobile Accessories and Parts s p X 11 Automobile Dealer s 9 11 Automobile Showroom p2 11 Bait and Tackle Shop p 11 Bakery p p p p p p p p 1 1 Bicycle Sales and Services p p p p p p p p 11 Boat Dealer s 9 11 Book or Stationery Store s s p p p p p p p p 16 11 Business Machine Sales and Servi ces p p p p p p p p 11 Camera and Photo Supply Store s s p p p p p p p p 16 11 Carpeting or Flooring Sa les p p p p p p p p 11 Clothing or Apparel Store (new only) p p p p p p p p 11 Confectionery or Ice Cream Parlor s s p p p p p p p p p 16 8 Consumer Electronics or Music Store p p p p p p p p 11 Cosmetics Store p p p p p p p p 11 Dairy Products Store p p p p p p p p p 8 Deli p p p p p p p p p 8 Department or Dry Goods Store p p p p p p p p 12 Drinking Place, Bar/Lounge s s s s p p p p p p 16 7 Drug or Sundry Store Not selling prescription drugs s s p p p p p p p p 16 11 Drug, Pharmacy or Sundry Stores selling prescription drugs and s s s s s s s s s s s 24 9 Medical Marijuana Reta i l Center Fabric or Drapery Shop p p p p p p p p 11 Florist s s p p p p p p p p p 1 6 11 Gasoline Se rvice Station s 5 11 Grocery Store (over 4,000 sf gfa) p p p p p p p p 8 Gift, Novelty or Souvenir Shop s s p p p p p p p p 16 11 Glass and Mirror Sales and Services p p p 11 Crcotod: 2023 -81-29 l4:27 :S4 (EST] (Supp. No. 25) Page lOof 14 Ord. No. 09-24-2494 Hardware Store p p p p p p p p 11 Heavy Machinery Sales, Rental and Services 11 Hobby, Toy or Game Shop s s p p p p p p p p 16 11 Household Appliance Store p p p p p p p p 11 Home Furniture or Furnishings Store p p p p p p p p 11 Jewelry Store s s p p p p p p p p 16 11 Lawn and Garden Supplies p 11 Lawnmower Sales and Services p 11 Lighting Fixtures Store p p p p p p p p 11 Liquor or Package Store s s p s s s p s 11 Luggage or Leather Goods Store p p p p p p p p 11 Lumber and Building Materials Store 11 Microbrewery/Brew Pub3 p p p p Mobile Food Vendors p p • na Motorcycle Dealer s s p 9 11 Neighborhood Convenience Store *** *** *** 26 11 Newsstand s s p p p p p p p p p 16 11 Office Supplies s s p p p p p p p p 16 11 Paint Glass and Wallpaper Store p p p p p p p 11 Pet Sales or Grooming Services p p p p p p p p 11 Plant Nursery or Greenhouse p 11 Plumbing Fixture Sales p p 11 Poultry, Meat or Seafood Market p p p p p p p p 11 Recreational Vehicle Dealer s 9 11 Restaurant,Accessory s s p p p 16 na Restaurant, Convenience s p p p 4a 7 Restaurant, General p p p p p p p p p 7 Restaurant, Walk up p p p p p p p p 7 Sewing, Needlework or Piece Goods Store p p p p p p 11 Shoe Store p p p p p p p p 11 Sporting Goods Store p p p p p p p p 11 Tea Room p p p p p p 12 Tobacco Shop s s p p p p p p p p p 16 11 C~ated: 2823•82.•26 14:27:54 [EST) (Supp. No. 25) Page11of14 Ord. No. 09-24-2494 Used Merchandise Store: Consignment Goods s s s s s p s 6 11 Used Merchandise Store: Secondhand Goods s s 6 11 Used Merchandise Store: Vehicle Parts s 6 11 Variety Store p p p p p p p 11 Wholesale Sales and Storage 13 TRANSPORTATION, WAREHOUSING AND COMMUNICATIONS Radio and 1V Broadcasting Station p p p p p p p p p 12 Bus, Transit, Taxi, Limousine, or On-Demand Vehicle Service p p p p s 12 Facility Food Storage Locker 12 Material Storage Yard 12 Parking Lot, Commercial p p p p p p p p p p Storage Garage 14 Transfer and Moving Company 14 Vehicle and Truck Storage 14 Public Warehousing and Storage s 14 MANUFACTURING AND INTENSIVE USES Apparel Products s 14 Artist Studio s s 28 14 Cabinet Making and Millwork s 14 Food Products (no abattoir) s 14 Furniture and Fbctures s 14 Machine Shop s 14 Ornamental Metalwork Shop s 14 Paint and Allied Products s 14 Printing, Publishing or Bookbinding s 14 Sign Painting and Lettering Shop s 14 Small Scale and Custom manufacturing Business s 28 14 Stone Cutting and Processing 14 Tire Vulcanizing and Retreading 14 Upholstery Shop s 14 • Revised January 15, 1991 by Ord. No. 3-91-1468 under section 15-63, miscellaneous provisions, South Miami Code of Ordinances (see text at end of table). Created: 2823-81-29 14:27:54 (EST] (SUpp. No. 25) PageUof14 Ord. No. 09·24-2494 •• Parking requirement category; one space per three hundred {300) square feet gross floor area. ••• This activity is permitted as of right if it does not include the sale of alcoholic beverages and if it is not in the 'I5J2!2. +Q.99 MU-M district. Otherwise, It shall be approved as a Special Use (Section 20-3.4) and as to the sale of alcoholic beverages it will also be subject to the requirements of Chapter 4 of the South Miami COde of Ordinances. •••• All businesses that adjoin or abut a single-family or multi-family zoned district may not be open before 8:00 a.m. and must close on or before 7:00 p.m.; if they are not adjoining or abutting such districts they shall not be open before 6:00 a.m. and they must be dosed on or before 10:00 p.m. Gross floor area of the use shall not exceed two thousand (2,000) square feet. 1 Within the OS distri~ an Automobile Rental Agency shall operate only as concierge service accessory to a hotel. No automobile rental inventory shall be permitted to be stored or parked in on-site parking resources. 2 Automobiles for display to consumers may be stored inside the Automobne Showroom but may not be stored or parked in on-site parking resources. No more than ten (10) vehicles for consumer test driving use may be stored or parked in on-site parking resources. No automobne Inventory shall be permitted to be stored or parked in on-site parking resources. 3 A microbrewery is an estabrishment primarily engaged in the production and distribution of beer, ale, or other malt beverages, and which may include retail sales and on- site consumption. Parking shall be provided at a rate of one space per one thousand {1,000) gfa for the area devoted to production and one space per one hundred (100) gfa for patron areas. 4 Parking shall be provided based on the standard required for the particular use that is operating as a home-based business . ••• Created: :zm.m,.29 14:27:54 [EST) (Supp. No. 25) Pagel3ofl4 Ord. No. 09-24-2494 Created: 2023·01•20 14:27:55 (EST) (Supp. No. 25) Page 14of 14 Ord. No. 09-24-2494 Exhibit "B" ARTICLE VIII. TRANSIT-SUPPORTIVE ORIENTED DEVELOPMENT DISTRICT (TSDD TODD)1 20-8.1 Purpose. The purpose and Intent of this article Is to maximize and support the presence of a dedicated mass transit center located within walking distance of the boundaries of the TSDD +GOO. The maximum utilization of that facility will be achieved by surrounding this major mass transit facility with a zoning district that Is designed to encourage a mix of high-Intensity uses, particularly multi-family residential, retail, service and office uses. While this district provides for the continuation of existing light industrial uses, redevelopment for mixed-use purposes ls encouraged throughout the TSDD +GOO through flexible and performance-oriented zoning and other regulations and Incentives. The strategic and limited expansion of the TSDD +GOO into portions of the City's Hometown District Overlay (HD-OV), will promote responsib le In-fill redevelopment. The Transit-Oriented Development Area (TODA) located within the TSDD consists of the properties that are contiguous to or abutting the So uth Miami Metrorall Station. TODA properties are subject to TSDD regulations but may be ellglble for additional development Incentives or allowances as may be provided by law for transit-oriented districts. The TSDD +GOO Is Intended to meet multiple goals: 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 life styles by facilitating a pattern of development that encourages walking, biking and transit use as part of everyday travel behaviors; decrease ve hicle miles traveled (VMTs) and the volume of veh icular traffic; reduce the costs of delivering public services by encouraging infill and redevelopment; capitalize on and facilitate public Investments in transit Infrastructure; and provide convenience by establishing a harmonious mix of uses within a pedestrian-scaled and multlmodal transportation-friendly environment. The TSDD :i:G99 regulations are designed to encourage a strong base of diverse residential development, coupled with provisions for complementary retail services and local employment opportunities, all within acceptable walking distances. To accomplish these goals, the code facilitates Intense new development and redevelopment, combined with a high-quality pedestrian environment that Is achievable through a series of development bonuses and the application of strict desig n standards. 20-8.2 Definitions. Terms used throughout this a rticle shall t ake their commonly accepted meaning unless otherwise defined In the Code. The definitions In this section s hall only be used In this article. When there are conflicts between the Code and this section, this section shall control terms requiring Interpretation specific to this article. The terms as used in this article s ha ll have the following meaning: Accessway: A street or driveway which traverses a parcel providing access to an abutting s treet , alley, or other vehicular use area. Adult day care: Any non-residential facility, whether operated for profit or not, that supports the health, nutrltlonal, social, and dally llvlng needs of no less than three (3 ) adult persons In a professionally staffed, group setting. Adult day care facilities shall not offer overnight stays or medica l treatment but provide basic services for 1Coding: S1rike1hr0ugh wards are deletions to the existing words. Underliued words are additi ons to the exist ing words. Modifications proposed by the Planning Board are shaded in grey. Changes between first and second reading are indicated with lleullle elrilcelhreHgh and double underline. Modifications made at second reading are shaded in ark re . South Miami, Florid a, land Development Code (Supp. No. 25) Page 1 of 24 Crutod, 2023·01 ·20 14,28,00 (EST] Ord. No. 09-24-2494 part of the day only. Basic services include but a re not limited to : Th erapeutic programs; social and health activities and services; leisure activities; self-care train ing; nutritional services; and respite care. Affordable Housing is defined in Section 20-2.3. Affey: A twenty (20) feet to twenty-four (24) feet wide way provid ing access to the rear of lots and buildings. Arcade/colonnade: A covered, open-air walkway at standard sidewalk level attached to or in tegral with the building frontage; structure overhead Is supported architecturally by columns or arches along the sidewalk; may extend beyond the build-to-line. These standards permit encroachment by habitable spaces on upper floors over any arcade along a City street, or elsewhere if approved by the e ntity controlling the rig ht-of-way. Arcades and colonnades may extend beyond the minimum building setbacks when expressly permitted by the Regulating Plan Graphics set forth in Section 20-8.17. Artist studio: A s pace which Is used by a maximum of two (2) Individuals working on a professional basis In the fine or applied arts and in artisan-related crafts, such as painting, sculpting, pottery, small-scale metalworki ng, and similar activities. An a rtist is a person who Is regularly engaged in and who derives a substantial portion of his/her annual Income from the creation and sale of art. Bulfding depth: The absolute distance between the outer wall s urface of the building frontage and the outer wall surface of the rear wall of the building. Building frontage: The side of a building which faces the primary or main street. Build-to fin e: An a li gnment established a certain d is tance from the curb line to a line, along which the bu ilding s hall be built. Front porches and handicap ramps shall be exempt from build-to line requirements, and must occur behind the property line. Building height: Building heig ht shall be calculated as the vertical d istance from grade to the highest rooftop element or feature. For purposes of calculating building height, e lements and features, Including, but not limited to, vertical circulation elements (such as stairs and elevators), illumination elements, chillers, mechanical space, mechanical structures, architectural features, parapets, a nd solar panels, attached to or serving s tructures, may extend above the roof slab of the highest habitable floor and are to be counted toward the maximum permissible building height. Notwithstanding the foregoing, communications equipment regu late d by other Sections of this Code a nd Federal Statutes sha ll not be Included In the calculation of building height. Fence fine : The alignment along which fences, walls, or hedges shall be located. Ground floor area: The area on the ground occupied by a building, excluding arcades and colonnades. Historic bulfding: A building that has been designated by the City of South Miami per the historic preservation portion of the Environmental Review and Preservation Board regulations. Light industrial use: Uses engaged in the manufacture, predominantly from previously prepared materials, of fini shed products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of s uch products. light Industry may include research and development activities a s well as certain repair, restoration or re furbi shing activities. light Indus trial activities, as defined here in, do not produce noises, vibration, noxio u s fumes, or other hazardous byproducts perceivable beyond the property lin e, and It has limited auxiliary storage structures that are vi sually shielded from view from the street and from any residences. Live-work unit: A mi xed-use unit that Includes both residential and flex space which may be used for commercial, office, or small-scale/light manufacturing work activity. Separate entrances may be available for t he live and work portions of the u n it. lot coverage: The percentage of the gross area of a given lot which contains buildings. lot frontage: The property line adjacent to the primary or main street right-of-way. Crut,d: 2023-01-20 1 4:27:58 (EST ] (Supp. No. 25) Page 2 of 24 Ord . No. 09-24-2494 Mk.--e uRit: A small studie apartmeAt, t 1fpleally less thaA three huAdred fift'( (350) sq1:1are feet, with a fully fuActleAIAg llitcheA a Ad bathreem-aAd purpese built ta ma1Iimlze the efficleAt use ef space . Neighborhood convenience store: An establishment occupying less than four thousand (4,000) square feet of space In a mixed-use building, primarily engaged 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 TSDD +GOO (MU·S), TSDD WOO (MU-6), and TSDD WOO (MU·M) zoning sub-categories, 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. Open yard space: The portlon(s) of a lot free of buildings or Impervious surfaces. Parking surface: An area designated for parking constructed with any of the following surfaces: turf block, gravel, brick, pavers, asphalt, or con crete . Plaza, open to the public: A privately-owned pa rce l of land that functions as part of the public realm and is open to members of the public. The area of a plaza may be defined by building frontages, street frontages, landscaping or walls. To promote civic engagement, a plaza may contain outdoor seating, out door dining, fountains, sculptures, and bicycle parking. Given the South Florida climate, the design elements and programming within a plaza may be movable or retractable to accommodate changing weather conditions. 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 five thousand (5,000) square feet, using clean technologie s and ten (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 will be counted towards the maximum building heigh t, but there is no limit on the height of a story. Transit-Oriented Development Area ("TODA"): The properties within the TSDD that are contiguous to or abutting the South Miami Metro rail Area. For purposes of this definition, "contiguous to" or "abutting" shall also Include properties across a right-of-way. Workforce housing Is denned In Section 20-2.3. 20-8.3 Creation of TSDD WOO subcategories. (A) For purpose of recognizing the existing patterns of land u se, 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 opportuniti es, the following sub-categories (zones) are hereby created: (1) "TSDD :moo (MU-4 )" Mixed Use 4 (2) "TSDD :J'.000 (MU·S)" Mixed Use 5 (3) "TSDD WOO (MU-6)" Mixed-Use 6 (4) "TSDD +GOO (MU·M)" Mixed-Use Market. All development In this district must have adequate grocery store space to attract a full service grocery store and a minimum of twenty thousand (20,000) square feet, exclusive of back of house areas, l oad Ing area and common areas of the buil ding, of ground floor devoted exclusively to a grocery store (Grocery Store Space). Cre•ted : 2023·01·20 14:27:58 (EST] (Supp. No. 2S) Page 3 of 24 Ord . No. 09-24-2494 (b) The term "grocery store," for the purposes of this subcategory, means a store retailing a general line of food and non-food grocery products, Including dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and utilization. (c) Parking and Loading. I. A minimum of three (3) parking spaces for every one thousand (1,000) square feet of gross Grocery Store Space must be provided and reserved for grocery store patrons. II. A development with Grocery Store Space shall be designed to Include an Internalized loading space for truck delivery and provides for a sufficient turning radius for delivery trucks given the size and the constraints of the abutting street. Iii. Paragraphs I. and II. shall take precedent over other provisi ons In the TSDD moo and Hometown District Overlay concerning parking. (d) All garbage and trash containers must be maintained Inside the building envelope. (e) No use, other than a grocery store Is allowed In the Grocery Store Space and until it Is occupied by a grocery store It must remain vacant. However, the Grocery Store Space may be used for other commercial uses If the owner can prove to the satisfaction of a super maj ority of the City Commission by competent substantial evidence at a public hearing that such use Is not If: I. The Owner has used Its best efforts to locate a grocery store; and II. No grocery store owner Is ready, willing and able to lease the Grocery Store Space for a competitive grocery store rental (5) "TSDD +GQE> (Pl)" Public/Institutional. (6) "TSDD moo (PR)" Parks and Recreation. (B) The boundaries of the Transit-Supportive OrieAteel Deve lopment District (TSDD) and the sub -categories shall be Indicated on the City's Official Zoning Map and al so shown on the Regulating Plan Graphic, as presented In Section 20-8 .17 . (C) Permitted Uses : (1) There are five (5) use categories within the TSDD +GE)E) district: Residential Uses, Commercial Uses, Light Industrial Uses, Public/Institutional and Parks and Recreation . (2) The uses permitted In each TSDD +GE)E) sub-category shall be as follows: (a) TSDD moo (MU-4): Residentia l Uses, Commercial Uses. (b) TSDD +GOO (MU-5): Residential Uses, Commercial Uses. (c) TSDD +GOO (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). (d) TSDD +GOO (MU·M): Residential Uses, Commercia l Uses. (e) TSDD +GOO (Pl): Public/Institutiona l which Include schools, governmental facilitie s, utilities, churches and other similar uses, as well as all other uses permitted In the other TSDD +GOO sub - categories. All uses In the TSDD +GOO {Pl), whether or not adopted from other TSDD +GOO sub- categories, shall otherwise be In accordance with all the other development regulations of TSDD Creat e d : 202l·01·20 14 :2 7:58 (EST) (Supp. No. 25) Page 4 of 24 Ord. No. 09-24-2494 +GGB (Pl), unless the City Commission determines by special exception that the development regulations in the other TSDD roGB sub-category from which a permitted use was adopted should also apply to that use that was adopted in the TSDD m (Pl). (f) TSDD m (PR): Public parks and open spaces. (3) Permitted uses are as expressly provided by this article, including those addi tional uses listed in the Permitted Use Schedule, Section 20-3.3(D). A description of the specific uses permitted In each of the major use categories Is provided In Sections 20-8.4 through 20-8.7. (D) Permitted Building Heights: (a) TSDD m (MU -4): Two-story maximum, with the ove rall maximum building height twenty-eight (28) feet. (b) TSDD m (MU-5): Two-story minimum, four-story maximum; up to eight (8) stories with bonus per Secti on 20-8.l0(A). Maximum height one hundred (100) feet. (c) TSDD :i:GOO (MU-6): Four-story minimum, eight-story maximum, and up to twel ve (12) stories through bonus per Section 20-8.l0(B). Maximum height of one hundred fifty (150) feet. (d) TSDD m (MU-M): One story minimum, six (6) stories maximum, and up to nine (9) stories through bonus per Section 20-8.l0(C). Maximum building height of one hundred twenty (120) feet. (e) TSDD m (Pl): Build ing height compatibl e with surrounding districts. (f) TSDD :i:GOO (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 (Residential use) within the TSDD m. (A) Floor Area. The minimum floor area requirements for residential units shall be as specified be low: MieFe YAils ~g sq11aFe feet EffieieAE'rl5t11eie 4gg sq11aFe feet Efficiencl£LStudio[One Bedroom 550 square feet Two Bedroom 700 square feet Three Bedroom 850 square feet {B) Density. As many units as can be provided with parking as required by Section 20 -8.8. A minimum density of fifty (50) dwelling units per net acre sha ll be provided In the TSDD m (MU-5), TSDD roG9 (MU-6), and JSDD m (MU -M) sub-categories . (C) Location . Residential uses are permissible on all floors as expressly Illustrated in Section 20-8.17. While residential uses are permissible on the first floor of a vertically mixed-use building, their location Is encouraged on upper floors. Pursuant to Secti on 20-8.9, residential uses are not permitted on the first floor of Large-Scale Developments within the portion of the building or devel opment fronting on the main street. (D) All new residentia l, and mixed-use developments In the TSDD m (MU-5) and TSDD m (MU-6) subd lstricts that include a residential component, must include Affordable Housing that Is equal to or greater than ten percent (10%) of the new dwellings. The owner or the Developer 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 upon the property owner, as well as all assi gns and Cru h d : 2021 -01-20 14 :27 :58 (EST) (Supp. No. 25) Page 5 of 24 Ord. No. 09-24-2494 successors in interest, which complies with the Affordabl e Housing requirements of Section 20-4.9 in order to gain a bonus floor pursuant to Section 20-8.10, for Affordable Housing rentals. (E) Reserved. Where Affo rdable Housing is developed under t h is Code or pursuant to state law, the units designated for Affordable Housing shall b e distributed among unit types In an equal proportion to the proportion of unit types In the overall development. By way of example, where a 100-uni t building Is comprised of 60 1-bedroom units and 40 2-bedroom uni ts, and ten units are d esi gnated for Affordable Housing, the ten units shall consi st of six 1-bedroom units and four 2-bedroom units. (F) The hori zontal mixing of stand-alone residential developments and adjacent stand-alone nonresidential or nonresidential mixed-use developments Is allowed In the TSDD +GOO, but they must be well- Integrated In terms of complementary uses, access and circu lation, and compatible design. (G) Impact fees, as set forth In Section 7-3 .2, shall be waived for the fraction of floor area devoted to Affordable Housing. 20-8.5 Commercial use. Commercial uses are permitted within the TSDD +GE)f) as set forth bel ow: (A) Uses. All approved permitted and special uses, as Indicated i n Sec tion 20-3.3(0) under the subheadings "Business & Professional Services" and "Retail and Wholesale Trade." (B) Location. Commercia l uses are permitted on all floors as expressly Illustrated In Section 20-8.17. 20-8.6 Special provisions. (A) All of the above uses are permitted on the first floor as well as successive floors. (B) No "drive-thru's" except for banks, are permitted. (C) Developments on lands zoned TSDD +G99 {MU-M) shall be exempt from Section 20 -3.6 (X). 20-8.7 Light industrial use. The following uses are permitted In this category provided they Include the required parking for these uses: (A) All retail and wholesale trade uses as indicated In section 20-3.3. (B) Manufacturing and Intensive uses, as indicated In section 20-3.3, provided that there Is no outdoor storage of materials and products, all manufacturing, rebuilding, sto ring or renovating operati ons are carried on e ntirely within an enclosed building with 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 vi su ally shielded from vi ew from the street and from any resi dences. (C) Special conditions. (1) industrial uses are limited to the first floor of mixed-use buildings, and such floors shall have a height no greater than twenty (20) feet. (2) Li ght Industrial uses that include retail or showrooms may be built to the sidewa l k if such areas are fronting on major pedestrian streets. Lo ad ing docks shall be oriented to the rear or side of the site. (3) To minimize noise pollution of light Industrial uses In m ixed-use buildings, special attention must be given to wrapping pipes, sealing connections, shortening strategic floor spans, and using Crutod: 2023·01-20 14 :27:58 [EST ) (Supp. No. 25) Page 6 of 24 Ord. No. 09-24-2494 products like cork board and baffli ng to minimize the transmission of sound vertically and through ducts and chases. 20-8.8 Parking. (A) TSDD row Parking Regulations. Parking In the TSDD +GOO must be developed and managed primarily a s an element of Infrastructure critica l to enhancing South Miami's tax base through economic success of the district. All required parking Is subject to the standards provided In Sections 20-3.3 and 20-4.4, except as otherwise provided for In this section. The vehicular parking requirement for developments within the Hometown District Overlay {HD-OV) on lands zoned TSDD +GOO shall be calculate d using the vehicular parking requireme nts of Sections 20-3.3 and 20-4.4. Notwithstanding the foregoing, developments on lands zoned TSDD +GOO within the HD -OV shall remain subject to the bicycle parking requirement s of t hi s section. (B) General Regulations. (1) All outside parking to be located at the rear of build ing if feasible, otherwise It must be located at the side of the buil ding, In accordance with this section. (2) Where appropriate, unimproved rights-of-way adjacent to business property may be improved by the abutting property owner for credit towards the required minimum spaces by written agreement approved by the City Ma nager. Th e City Manager will determine if the Installation of parking meters is warranted and appropriate for the area. {3) Properties that cannot provide the required number of spaces on-site o r through the p rovision of off- s ite spaces pursuant to Section 20-8.8{8)(4) for a change to a use other than one that is medical in nature, shall purchase from the City monthly parking permits for the number of spaces that aren't provided on-site or through the provision of off-site spaces pursuant to Section 20-4.4{F). Proof of purchase of the permits shall be submitted at the time of application for and renewal of the Business Ta x Receipt for the use(s) occupying the property. Failure to obtain the required permlt(s) In any given month shall be treated as a violation of this Code pursuant to Section 20-6.3. New construction or e xpansions of the gross floor area of an e xist ing building shall provide the required number of spaces pursuant to Section 20-3.3 and Section 20·4.4. The required number of off-street spaces may be reduced using either the Transit-Supportive OrienteEI Deve lopment Reduction or the Shared Parking Study approach identifie d In Sec. 20-12 .12(0) and (E). (4) Off-site parking is permitted In accordance with Section 20-4.4, e xcept that the distance requirement shall be extended to any location within the boundaries of the TSDD +GOO and a 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 w ith this section. (5) Parking fees shall be permitted under this section. {6} No open-air storage of vehicles Is permitted. (7) Parking for bicycles sh all be provided in safe, convenient, accessible locations, and protected from the elements, if possible. Accessible routes shall be provided between the required bicycle parking and any publi c bicycle lanes, paths, or routes on adjacent streets. (8) in the case of a large-Scale Developments (see Section 20-8.9), the City Commission may require space for bikeshare, rideshare, va let parking, shared parking, pick-up and drop-off by on-demand rides, and/or delivery services. (C) Required Parking by Use. ! Land Use Type I Min. I Max . Cr eated: 2 0 23·01·20 14:27:59 (EST) (Supp. No. 25) Page 7 of 24 Ord. No. 09-24-2494 Residential (per dwelling unit) Townhouse 1 2 Ml,Jltlfamily;--MimHmit o,w "± Multifamily: Efficiency and one-bedroom apartment 0.75 1 Multifamily: 2+ bedrooms 1 2 Commercial/Retail (per 1,000 sq. ft. GFA) • • Office (per 1,000 sq. ft. GFA) • • Light industrial (per 1,000 sq. ft. GFA) • • • See Schedule Section 20-3.3 and 20 -4.4 and special requirements below. (1) Residential Use: (a) Developers are encouraged to unbundle residential parking spaces and make them available for sale or rent separately from the residential units, particularly Affordable Housing Units. (b) Bicycle parking for multifamily residentia l uses shall be provided as follows: One bicycle parking space for every fifteen (15) vehicular parking spaces required for residential units. (c) Live-Work Units: Th e residential component sha ll be provided parking according to the type of unit as specified In Section 8.8(C) above, plus one space per each four hundred (400) square feet of work area. (2) Commer cial/Retail Use: (a) In addition to vehicular parking: I. For commercial/retail uses with gross floor areas up to twenty thousand (20,000) square feet, one bicycle parking space shall be provided for every one thousand (1,000) square feet of commercial/retail gross floor area. II. For commercial/retail uses with gross floor areas exceeding twenty thousand (20,000) squa re feet, one additional bicycle parking space shall be provided for every additional ten thousand (10,000) square feet of commercial/retail gross floor area or fraction thereof. Ill. Hotels and motels shall provide a minimum of one-half(½) and a maximum of one bicycle parking spaces per hotel room, plus ten (10) bicycle parking spaces per every one t housand (1,000) square feet of gross floor area dedi cated to meeting, restaurant and/or banquet space. Iv. Adu lt day care facilities shall provide one bicycle parking space per every six (6) clients, up to five (5) bicycle parking spaces, thereafter one bicycle parking space per every ten (10) clients, plus a maximum of four (4) bi cycle parki ng spaces per every one t housand (1,000) square feet of gross floor area dedicated to office use. In addition, one accessible passenger loading zone must be provided per every five thousand (5,000) square feet of gross floor area at these facilities. (3) Medical Office: One (1) space per two hundred (200) square feet. (4) Light Industrial : (a) No parking of vehicles In driveway at any time. (b) In any area with light Industrial uses, any vehicle under repair must be stored Inside buildings at all times. Croahd: 2023-01-20 U :27:S9 (EST) (Supp. No. 25) Page 8 of 24 Ord. No. 09-24-2494 (c) For light i ndustrial uses, any garage areas must be totally enclosed and have garage doors closed Immediately before and Immediately after a person, vehicle or equipment Is entering or exiting the building. (5) Bicycle parking for commercial, office and l ight industria l uses: (a) Bicycle parking shall be provided based on the number of employees at the following ratios: I. Between zero (0) and five (5) empl oyees: One (1) space. Ii. Between six (6) and twenty (20) employees: Two (2) spaces. Iii. Between twenty-one (21) and eight (80) employees: Six (6) spaces. Iv. Over eighty (80) empl oyees: One (1 ) space per every twenty (20) employees over eighty (80) or fraction thereof. (D) Garages In TSDD :r0-00 {MU-5}, TSDD :r0-00 {MU-6}, and TSDD :r0-00 {MU-M}. (1) At the rear of the property the setback requirement for garages may be el i m i nated in these sub- categories on l y If the garage: (a) Abuts an existing garage; or (b) Abuts a permanent open space. (2) May face a side street but must have some fenestration or architectural treatment similar to the rest of the building. (3) Underground parking is defi ned as having more than sixty (60) percent of Its structure below grade. (4) Garage structures must be designed or landscaped so as to either appe ar to be a floor of the building or obstructed from street view. (5) The ground floor on the sides facing any street may contain any uses indicated on the permitted ground floor uses In Sections 20-8.4 and 20-8.5 and as expressly Illustrated In Section 20-8.17. Any exterior facing streets shall be designed to look similar to the facade of a commercial office build Ing, unless amended by the City Commission via special use permi t procedures. (6) Freestanding garages may only be allowed In TSDD :i:ooo (MU-5), TSDD :i:ooo (MU-6), and TSDD :i:ooo (MU-M) sub-categories and may not exceed six (6) levels In he igh t. 20-8.9 Large-scale development special exception. (A) All Large-scale Developments In the Transit-Supportive OrleRted Deve lopment District (TSDD :i:GOO) shall provide only one or more permitted uses in compliance with all the required TSDD :i:ooo conditions and standards as well as the con ditions and standards set forth in this sectio n. Any alterations or additions to existing property or Development In the TSDD :i:ooo that result i n the Development meeting the definition of a Large -sca le Development, shall conform to the provisions of this section. Existing heights of existing buildings and existing floors may remain I n their current condition; however, additional floors, If authorized, may only be added If they are developed in accordance with this section. (Bl A Large -scale Development Is defined as the development of any building site that Is more than forty thousand (40,000) square feet or any developme nt, as defined In Section 380.04, Florida Statutes (hereinafter referred to as "Development"), that Is In excess of four (4) stories. A Large-scale Development shall be reviewed by the Planning Board and shall requ i re approval by the City Commission. Th e computation of the size of the Development to determine If It Is a Large -sca le Development Includes the squa re 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. Crut•d: 2023·01-20 14 :27:59 (fST) (Supp. No. 25) Page 9 of 24 Ord. No. 09-24-2494 (1) The Site Plan of all Large -scale Developments must be reviewed and approved by the Envi ronmental Revi ew and Preservation Board ("ERPB") withi n eighteen (18) months of the City Commissi on's approval of the Large-scale Development Special Exception (the "Site Plan Review Initiation Period "). The City Manager or City Commission may extend the Site Plan Review Initiation Period for one additional year or for some other amount of time as appropriate under the circumstances. An application for extensi on of the Site Plan Review Initiation Per iod of a Large-scale Development Special Exception shall be filed sixty (60) days prior to the expirati on of the Si te Plan Review Initiati on Period. (2) A Large-scale Development Special Exception ("Special Exception") shall be valid for eighteen (18) months unless a greater period is approved by the City Commission during the ap p roval process (the "Approval Term"). For purposes of calculating the Approval Term, the t ime period commences upon the date that a development order Is rendered granting final Site Plan approval for the Large-Scale Development by the ERPB or the Planning and Zoning Department, whichever is later. A legal, administrative, or judicial challenge to the development order that appr oves a Special Exception or the Site Plan relating thereto shall toll the Approval Ter m until the conclusion of su ch challenge, Including all appeals . Notwithstanding the foregoing, the City Manager or City Commission may extend the Approval Term of a Special Exception for one additional year or for some other amount of time as appropriate under the circumstances. An application for extension of the Approval Term of a Special Exception shall be filed sixty (60) days prior to the expiration of the Approval Term. (3) Any property desi gnated as a La rge-scale Development may have resi dential us es on the first floor, however, residential uses are not permitted on the first floor w ithin that por tion of the building; or development fronting on the main street. The phrase "main street" means the str eet 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. (1) The owner of the land on which a Large-scale Development is to be constructed and the developer of the project shall enter Into a development agreement with the City ("Development Agreement"). The Development Agreement shall require approval by the City Commission at a public hearing b efore the i ssuance of a building per mit. The Development Agreement may include provisions to mitigate the Impacts of the Large scale Development In addition to implementing any other requirements of this Land Development Code or the City Code, as may be amended. (2) The use for which the Large -scale Development is intended Is specifically listed as a permitted use In the appropriate district column in the Permitted Use Sch edule of the Lan d Development Code (Section 20-3 .3(0), as may be amended), (3) The use complies with the general requirements and any other requirements that the City Commission may consider appropriate and necessary. (4) All such uses shall comply with all requirements established In the appropriate TSDD +G9E> subzonlng use district, unless additional or more restrictive requirements are set forth bel ow or by the City Commission . (5) All such uses must be of a compatible and complementary nature with any existing or planned surrounding uses. The City Commis sion will shall de termine the overall compati bility of the development with the existing or planned surrounding uses. (6) If during the review process It is determi ned that the Development, as proposed, will potentially cause adverse impact , the Planning and Zoning Department may recommend, and the City Commissi on may require as a condition of approval, remedial mea sures to eliminate or reduce, to the extent possible, Crutod : 2021 -08-25 13 :25:30 (EST) (Supp. No. 24) Page 10 of 24 Ord. No. 09-24-2494 these Impacts. Development projects that are recommended for remedial measures will not be required to submit a new application unless It Is determined by the Planning and Zoning Department that the remedial changes would have the effect of Increasing the density, FAR, or height of the Development, or If there Is a change to the mix of uses which Increases project trip generation more than ten percent (10%). Remedial measures may Include, but are not limited to: I. Additional screening or buffer ing; II. Additional landscaping; Iii. Building orientation; iv. Relocation of proposed open space, or alteration of the use of such space; v. Pedestrian and bicycle safety and access; vi. Changes to Ingress and egress; vii. Addressing traffic flow to and from the development to avoid intrusion on local streets In nearby single -family residential areas; or viii. Improvement of the streets adjacent to the project, if appli cable. (D) Project Approval. (1) 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: (a) WIii not adversely affect the health or safety of persons residing or working In the vicinity of the proposed use; (b) WIii not be detrimental to the public welfare, property, o r Improvements In the neighborhood; and (c) Compiles with all other applicable Code provisions. (2) 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. If the City Commission disapproves of a Large-scale Development, no reapplication for the same, or substantially the same, project may be made within six (6) months of the date of final disapproval by the City Commission of the original application unless evidence Is submitted and accepted by the City Commission that justifies such reconsideration. (F) No single Development within the TSDD ~ shall contain a single permitted use, other than residential uses, that exceeds eighty thousand {80,000) square feet of gross floor area. (G) Where there Is no m inimum distance between adjacent buildings, nor a minimum building setback from a property line, one (1) of the follow ing conditions shall be met: (1) If the distance from the exterior wall to the property line Is less than five (5) feet at any location, the applicant must provide the Planning Department with a copy of a maintenance easement In favor of the adjacent property; or {2) The structure shall be built on the property line and the owner shall give a maintenance easement to the adjacent property owner(s). (H) In no Instance shall a roof overhang extend beyond the property line, except In the front of the build ing. Croated: 2021·08·2 5 13:25:)0 [E5 f) (Supp. No. 24) Page 11 of 24 Ord. No. 09-24-2494 (1) The City Commission shall have the discretion to condition the granting of a Special Exception and memorialize such conditions In a Development Agreement with the Applicant, In a form acceptable to the City. As set forth In Section 20-8.9(C}, the Development Agreement may include provisions to mitigate the Impacts of the Large-scale Deve lopment in addition to Implementing any other requirements of this Land Development Code or the City Code, as may be amended. The Development Agreement, after it has been drafted by the City Attorney shall be subject to approval by the City Commission. A separate agreement or covenant ("Covenant") that prov ides for maintenance of common elements and any other condition specified as a prerequisite to approval of the Special Except io n ("Maintenance Covenants") shall be signed by the owner of the property In question. The Ma intenance Covenant shall be treated as a covenant runnin g with and binding the land upon which the Develo pment Is situated, and it shall be recorded In the land records of Mi a mi-Dade County and, at the option of the City and If a llowed by law, the Maintenance Covenant may be re-recorded when necessary or required to maintain, uninterrupted, the effectiveness of the covenant running with the land . The Covenant shall provide that the owner and his/her/its grantees, heirs, successors, and assigns ("Owner") shall comply with the Maintenance Covenants at the Owner's expense and without any cost to the City. (1) In the event that any special exception cond ition includes the development of any common areas ("Common Areas"), the Maintenance Covenant shall Include the following provisions: (a) the Common Areas shall continue In existence, as part of the structure and those Common Areas sh a ll be operated and maintained at the expense of the Owner of the property so long as the Development continues to exist, In whole or In part; (b) the operation and maintenance of the Common Areas shall include a provision for landscaping In accordance with an approved site and development plan, approved by the City Commission and the Environmental Review and Preservation Board, or as amended from time to time with approval of the City Commission, «}f the maintenance of the landscape as well as other maintenance services and private security protection of the Common Areas; (c) the Owner shall continue, operate, and maintain the Common Areas in such a manner as to keep such areas In good order, clean, attractive, fully functional (subject to interruption for maintenance, repair, restoration, and renovation) and, generally, so as not to create a nuisance to owners, occupants and users of the adjacent land and surrounding areas and to the general public. (2) The Maintenance Covenant shall define the phrase "continue, operate and maintain", as It applies to landscaping, to Include, but not be limited to, the following activities: (a) The monitoring of the landscape areas by a recognized landscape expert, acceptable to the City, and the preparation of reports by such expert certifying that the landscaping Is in compliance or is not In compliance with the approved Landscape Plan and all provisions included in such plan pertaining to pruning, fertilizing and general maintenance; the reports shall be prepared annually; and (b) The replacing of plants, trees, shrubs, or the lik e, at the Owner's sole expense, as determined by the landscape expert to be necessary In order for the landscaping to perpetually be In compliance w ith the La ndscape Plan . (c) In the event that the City disagrees with the opinion of the landscape expert hired by the Owner, the City shall have the right to hire Its own landscape expert whose decision shall be final. If the City's expert agrees w ith the expert hired by the Owner, the City shall pay the cost of Its own expert, otherwise, the Owner shall pay the cost of the City's expert. (3) The Development Agreement and the Maintenance Covenant shall contain the following provision: Cre•ted : 2021·08·25 ll:25:30 [EST) (Supp. No . 24) Page 12 of 24 Ord. No. 09-24-2494 (a) In the event the Owner breaches its agreement ("a Default") and fa il s to cure the default within thirty (30) days ("the Cure Period") after receiving written notice of the default or fails to use all due d iligence in commencing the cure and in proceeding to effectuate the cu re a fine will be assessed against the Owner as set forth below In this paragraph (a). If the Owner is unable to t imely cure the default after receiving written n otice, the Owner may request an extension of time from the City Commission w h ich shall be granted ("Ex t ended Cure Period") upon presentation of substantial competent evidence establishing the Owner's good faith and due diligence, justifiable reasons for the delay and the amount of time needed to cure the default. In t h e event that the Owner fa il s to cure the default within the Cure Period, or within the Extended Cure Period, w hichever is greater, a fine shall be assessed against the owner in the amount of one hundred fifty dolla rs ($150.00), or such amount as may be set forth in the City Fee Schedule, for each day the owner remains in default thereafter. If the Deve lopment is determined to be out of compli ance for thirty (30) days after the Cu re Period or Extended Cure Period, as appli cable, the Deve lopment Agreement may be revoked by Resolution of the City Commissio n after a public hearing. (b) In the event that a fine Is assessed against the Owner, or the City incurs any expense towards curing the default, the City shall have the right to file a lien, or a continuing special assessment lien, as may be applicable, aga inst the property and file a lien foreclose action for the full amount of money In curred by the City for said expense as well as for any fine that has been assessed. The City's lien shall be perfected upon being recorded in the land records in Miami-Dade Co unty, Florida and shall be of equal rank and dignity as t he lien of City's ad valorem taxes and superior In rank and dignity to a ll other liens, encumbrances, titles and claims in, to, or against the land in question, unless in co nflict with state statutes or Miami-Dade County code. (c) The City shall have the right to p roceed against the Owner to collect the above-described costs and expenses without resorting to a lien and/or lien foreclosure. The City's remedies shall include a ll those available in law or in equity, including injunctive relief. The exercise of one available remedy shall not be deemed a waiver of any other available remedy. (d) Invalidation of any of the covenants identified in Section 20·8.9, by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. In the event of a vio lation of the Deve lopment Agreement or the Maintenance Covenant, In addition to any other remedies available, the City of South Miami is hereby authorized to withhold any future permits, and refuse to make any Inspections or grant any approvals, until such time as the Development Agreement or the Mainten ance Covenant are comp lied with. All rights, remedies and privileges granted pursuant to the Development Agreement and/or Maintenance Covenant shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies, or privileges. (J) The Development Agreement required by this Section 20·8.9 is not Intended to mean a development ag reement under F.S . §§ 163.3220-163.3243, as amended by the Florida Legislature (the "Development Agreement Statute"). Notwithstanding the foregoing, an applicant may seek that the Development Agreement be approved under the Development Agreement Statute provided the Development Agreement meets the requirements of this Section 20-8.9 and the Development Agreement Statute, is adopted pursuant to the Development Agreement Statute, and is subject to the requ irements and remedies set forth In the Development Agreement Statute. (Supp. No. 24) Page 13 of 24 Ord. No. 09-24-2494 20-8.9.1 Administrative Approval of Minor Modifications to an Approved Development within the TSDD +000 (MU-M) District The purpose of this section Is to secure the ability of a property owner to make minor modifications to a previously approved development in the TSDD W-99 MU-M district that was previously obtained through the public hearing process. The Intent of this section is to establish the framework for a s treamlined a nd e xpedited adm inistrative approval process for specific mino r modifications. Consistent with these stated intents and purposes, an application for a Minor Modlfl catlon to an Approved Development ma y be revi ewed a nd approved administratively in accordance with the procedures of this section. (A) Terms & Definitions. For purpose of this section the term "Approved Development" shall mean: A development within the TSDD W-99 MU-M d istrict which has re ceived both 1) Special Exception for a Large -Scale Development approval following public hearings by the Planning Boa rd and City Commission; and 2) Final Site Plan approval from the Env ironmenta l Rev iew and Preservation Bo ard . {B) Administrative Approval. An administrative approval of a Minor Modification shall constitute a fina l development order approval. For clarity, no further public hearing review or public hea ring approval shall be required for a n Approved Development to obtain administrative approval for a Minor Modification. {C) Minor Modification. An applicant shall have the right to make a modification or a series of modifications to an approved Final Site Plan prior to the Issuance of a building permit, provided the proposed modifications, e ither individua lly or cumulatively conform with the following criteria : (1) Building Footprint. The ground floor building footprint sha ll not exce ed the dimensions provided for In the approved Final Site Plan by more than three percent (3 %) or five (five) feet in any horiz ontal direction, whichever is lesser. (2) Vehicular Circulation. The vehicular clrculatlon shall not be materially altered from that vehicular circulation approved In the Final Site Plan. Notwithstanding the forgoing, minimal adjustments to the location of driveways of less than three (3) feet shall be deemed a Minor Mod ification . (3) Vehicular Parking. The number of on-site vehic ular parking spaces provided m ay be modified so long as the total number of on-site vehicular parking spaces provided is consistent w it h a ll code requirements and Is within five p e rcent (5%) of the number provided In the approved Final Site Plan. (4) Exterior Architec tural Features & Material Selections. Ext e rior architectural features and mater ia l selections may be modified s o long as they are generally consistent with the archit ectural characte r, materials, and color palette In the approved Final Site Plan. (5) Building Height. The overall building height may be modified by up to 10% of the previously approved building height so long a s the building height does not exceed the permitted maximum building h e ight of one hundred thirty (130) feet. (6) Residential Units. The number of residential units may be modified so long a s the total number of residential units provided Is within t wenty percent (20%) of the number provided In the approved Fin a l Site Plan. (D) Appl/cation & Approval Process. An applicant for a Minor Modification s h a ll submit to the Pla n ning a nd Zoning Department a proposed modified site plan and letter of Intent outlining the proposed modifications. The Planning and Zoning Departme nt shall review the modified site plan to the a pproved Fi nal Site Pla n for Cr uhd : 2021-08·25 ll :25:30 (ES T) (Supp. No . 24) Page 14 of 24 Ord. No. 09-24-2494 compliance w i th this section within thirty (30) days of submission. Following review, the Planning and Zoning Director (or his/her designee) shall submit a recommendation to the City Manager. Upon receipt of a recommendation of approva l from the Pl anning and Zoning Department, the City Manager shall review and affix any conditions deemed expedient to furthe r the Intent of this Section 20-8.9 or to mitigate any additional impacts of the Minor Modificat ion. If approve d by the City Manager, the City Manager sha ll place a copy of the approved Site Plan with M inor Modification In the TSDD +G9E} MU-M district file. Notice of the administrative decision regarding the Minor Modification shall be posted on the City's website within ten {10) days of the t ransm ission of the recommendation of approval to the City Manager. (E) No Impact on Approval Term. Neither the application for, or the Issuance of, a Minor Modification shall extend Special Exception va lidity periods, Including specifically the Approval Term, established in Section 20-8.9. 20-8.10 Bonus allocations. {A) TSDD +GOO MU-5. Action Bon us For every one floor of re sidential use One additional floor of residential use provided the applicable parking requirement is met per Section 20- 8.8 For providing a public plaza-Minimum five thousand One additional floor (5,000) square feet of contiguous area functionally and visually connected to pedestrian walkway system, Including seating, lighting, and art work In a plaza setting For developing the full frontage of the property with One additional floor streetscape design connected to and usable as part of the public pedestrian walkway system including pedestrian amenities. The maximum change in leve l between any portion of a sidewalk shall be one-half (½) Inch, and must be beveled, with a slope no greater than 1V:2H (2:1). For developing "cross-thru's" from an adjoining street One additional floor to a public open space as part of the public pedestrian walk system, on owner's property (m ai ntenance required in Section 20-8.15) {B) TSDD +GOO MU-6. Action Bonus For providing, In the residential component of a Four (4) additional floors of residential, provided the mixed-use building or In a stand-alone residential applicable parking r equirement Is met per Section 20- building {In addition to the minimum required ten 8.8 and the covenant required by Section 20-8.4 percent {10%)), an additional five percent {5%) of Low-includes the additional Affordable Housing. Affordable Income Units or Very Low-Income Units and five Housing units delivered for bonus floors are exempt percent (5%) Moderate-Income Units from meeting the parking requirement. CrHtad: 2021·08·25 13:25:30 [EST) {Supp . No. 24) Page 15 of 24 Ord. No. 09-24-2494 For assembllng a minimum of one acre of contiguous One additional floor• land to make up a larger redevelopment site and Joined bv a Unity of Title For bulldlngs that have an office or commercial One additional floor• component that provide onslte bicycle amenities lncludlng at least three (3) of the following features: • secure bike parking 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); • bike wash stations (accessible to occupants and guests and may be outside If covered); • showers and locker/change room for employees and commercial Invitees; • avallablllty of loaner bicycles for bulldlng residents and employees For providing a publlc square, plaza or green space of One addltlonal floor• at least seven thousand five hundred (7,500) square feet of contiguous area, functionally and visually connected to the pedestrian walkway system and designed with the following 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 (2) listed In this section with an asterisk to obtain up to three (3) bonus floors. (C) TSDD =F99D {MU-M}. Action Bonus When the property Is developed with Grocery Store One addltlonal floor of resldentlal use at market rate• Space, for every one floor of residential use with ten percent (10%) of the units dedicated to Affordable Housing of which one-half (K) are for Very-low to Low Income Individuals and famllies and one-half (K) are for Moderate Income indlvlduals and famllles. When the property Is developed without Grocery One addltlonal floor of residential use at market rate• Store Space, for every one floor of residential use with fifteen (1596) of the units dedicated to Affordable Houslna of which one-half (K) are for Very-low to Low cr .. tods 2021•08·25 13125:30 (EST) (Supp. No. 24) Page 16of24 Ord. No. 09-24-2494 Income Individuals and families and one-half(½) are for moderate Income Individuals and famllles. For providing a plaza, open to the public of at least One additional floor five thousand {5,000) square feet of contiguous area functionally and visually connected to pedestrian walkway system, Including seating, fighting, and artwork.•• For developing the full frontage of the property with One additional floor streetscape design connected to and useable as part of the public pedestrian walkway system Including pedestrian amenities. The maximum change In level between the portion of a sidewalk shall be one-half (~) Inch and must be beveled, with a slope no greater than 1V:2H (2:1). A bulldlng permit will not be Issued for the extra floor without approval of the streetscape, walkway system and amenities by the ERPB For assembling a minimum of one acre of contiguous One additional floor• land to make up a larger redevelopment site and Joined by a Unity of Title. For bulldlngs that have an office or commercial One additional floor• component that provide onslte bicycle amenities Including one male and one female changing room and lockers to accommodate one commercial occupant and commercial employees for every one thousand (1,000) square feet of commercial gfa and to have at least three (3) of the following features: (a) Secure bike parking room with a minimum capacity (In addition to bike racks that may be required) to accommodate one bike for every five (5) residential units and one bike for every one thousand (1,000) square feet of commercial gfa. (b) Bike repair stations (accessible to occupants and guests and may be outside If covered) or repair room (may be Included In bike parking room); (c) Bike wash stations (accessible to occupants and guests and may be outside If covered); (d) Avallablllty of loaner bicycles for bulldlng residents and employees sufficient to meet the demand for loaner bicycles and such availability shall be posted In a location that Is open and obvious to all occupants of the building. • This bonus can be requested only once per project but may be requested In combination with the other four (4) listed In this section with an asterisk to obtain up to three (3) bonus floors. •• No more than fifty percent (50%) of the first five thousand (5,000) square feet may be made available for outside seating allocated to the market or a restaurant use. If the owner wants to create a larger plaza, It may allocate one hundred percent (10096) that addltlonal space to the market or a restaurant use, Created: 2921·08·25 D:25:30 (EST) (Supp. No. 24) Page 17 of 24 Ord. No. 09-24-2494 (D) Bulldlngs developed In the MU-6 subdistrict may be built up to twelve (12) stories without applying for bonuses If the entire building Is devoted to Affordable Housing, as defined In Section 20-2.3. 20-8.11 Regulating plan-Intent. The Regulating plan-Graphic set forth In Section 20-8.17 Is a visual site-specific and site design representation of the TSDD ~ Regulations. For lots abutting each roadway and alleyway, Information Is shown graphically such as: Location and dimensions of build-to lines; locatlons where arcades over sidewalk are required, and representative locations where arcades are permitted but optional; locatlons for alleys or rear accessways, and curbs. For those properties that back up to public open space or an easement, buildings may be built to within five (5) feet of the rear property or easement fine. 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 predlctablllty about the quality of bulldlng 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 Planning and Zoning Department staff without appearing before ERPB; however, the applicant may appear before ERPB, at the applicant's discretion. 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 TSDD =F999. 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. Good site planning and street relationship; use of authentic materials; and contextuallty of design elements and styles are some of the prlnclples 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. (A) The general requirements shall be the same as those specified In sections 20-7.16 through 20-7.25. (B) Green Buildings. (1) Definitions. The following words, terms and phrases, when used In this Article, shall have the meaning ascribed to them In this Section, except where the context clearly Indicates a different meaning, or as may be amended from time to time: (Supp. No. 24) Construction means any project associated with the creation, development, or erection of any structure required to comply with this article. Enhanced stormwater quality and quantity Improvements means projects that augment water quality and quantity by: Reducing polluted runoff; advancing groundwater recharge, soll Infiltration and erosion control; and restoring habitat. Environmental monitoring means periodic or continuous surveillance or testing to determine the level of compliance required by the Environmental Protection Agency (EPA), Created1 2021•08•25 13:25:38 (EST) Page 18of24 Ord. No. 09-24-2494 Florida Department of Environmental Protection (DEP), or Miami-Dade County Department of Regulatory and Environmental Resources (RER) and/or pollutant levels In various media (air, soil, water) or biota, as well as to derive knowledge from this process. Examples of environmental moni toring Include but are not limited to: Water quality sampling and monitoring, groundwater testing and monitoring, and habitat monitoring. Environmental remediation means clean-up of, or m itigation for, air, soil or water contamination for which the City Is l egally responsible for environmental clean-up or mitigation. Environmental restoration means the return of an ecosystem to a close approximation of Its condition pri or to disturbance. FGBC means the Florida Green Building Coalition. Green Infrastructure 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 manage natural resources and create healthier urban environments. Examples of green Infrastructure practices Include but are not limited to: Right-of-way bio-swales, green roofs, blue roofs, rain gardens, permeable pavements, Infiltration planters, trees and tree boxes, rainwater harvesting systems. Green building means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems and materials. Green building certification agency 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 living building certification, petals certification and net zero energy building certification. LEED means an effective edition of the Leadership In Energy and Environmental Design (LEED) Green Building Rating System for Building Design and Construction or Homes, as applicable, of the United States Green Building Council (USG BC). Project means any construction associated with the creation, development or erection of any bu ilding required to comply with this article. Scorecard means a guide provided by the green building certification agency to assist In determining the total project score and achievable credits and level of certification at the Inception of a green building, as provided under this article. USG BC means the United States Green Building Council. (2) Intent and purpose. The purpose of this article shall be to promote sustainable d eve lopment within the City of South Miami by supporting resilient design and construction practices. The City's Intent Is to establish a certification compliance schedule that lncentivlzes all qualifying projects to attain at a minimum FGBC Gold certification, or similar green building program recognize d 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 leve l ri se and help curb climate change. This article Is designed to achieve the followi ng objectives: (a) Increase energy efficiency In buildings; Cruted : 2021·08·25 13:25:30 (EST) (Supp. No. 24) Page 19 of 24 Ord. No. 09-24-2494 (b) Encourage water and resource conservation; (c) Reduce waste generated by construction projects; (d) Reduce lon g-term building operating and maintenance costs; (e) Improve Indoor air quality and occupant health; (f) Contribute to meeting state and local commitments to reduce greenhouse gas production 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 participants"): I. All new construct ion that proposes over seven thousand (7,000} square feet of construction of a structure; or Ii. Ground floor additions (whether attached or detached) to existing structures that encompass over ten thousand (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 International Liv ing Future Institute. All eligible participants who are certified as having satisfied all of the requirements of the green building certification agency, including, but not limited to, any monetary or certification requirements, are eligible for a partial or full refund of the sustainability fee identified In paragraph (7), herein based upon the level of compliance with the regulations 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. (6) Sustainability fee ca/cu/at/on. (a) In order to obtain a temporary certificate of occupancy (TCO), certificate of occupancy (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 sustainability fee to the City. The sustalnabllity fee shall be va lued at five (5) percent of the total construction valuation of the building permit. However, the eligible participant may be entitled to a refund or partial refund, of the bond, or payment of the sustainability fee, based upon achieving the program certification levels In the compliance schedule below: FGBC Florida Green High-Rise Residential Building Standard Certification Compliance Schedule Level of Certification Achieved Sustainability Fee Reimbursement to Participant for Meetinl! Certain Green Bulldinl! Certification Levels Failure to obtain Certification 0% refund of bond or oavment of Sustalnabilitv fee Bronze Certified 50% refund of bond or payment of Sustalnablllty fee Sliver Certified 66% refund of bond or payment of Sustainability fee Go ld Certified or Intern ational Living Future Institute 100% refund of bond or payment of Sustainability fee Petals or Net Zero Energy Certified cr .. ted: 2021 -08·2S 13:25:30 [EST) (Supp. No. 24) Page 20 of 24 Ord. No. 09-24-2494 Platinum Certified or International Uvlng Future Institute living Bulldln Challenge Certified 10096 refund of bond or payment of Sustalnablllty fee If the proof of green bulldlng certification Is provided prior to the obtaining a TCO, co, or CC, the "sustalnablllty 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 upon the eligible participant's submittal at time of application for temporary certificate of occupancy (TCO), certificate of occupancy (CO), or certificate of completion (CC), whichever comes first, upon review by the Planning and Zoning Department during zoning review of the certificate. The sustalnablllty 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 sustalnablllty fee or bond to the eligible participant may occur as provided for In subsection (a), above, provided the eligible participant compiles with the certification compliance schedule within the tlmeframe Identified In Paragraph (7)(b). (d) The entirety of the sustalnablllty fee shall be forfeited to the City based upon participant's failure to achieve the applicable green building certification levels Identified paragraph(6)(a) within the tlmeframe Identified In Paragraph (7)(b). (7) Review procedures. (a) Prior to obtaining a temporary certificate of occupancy, certificate of occupancy (CO) or certificate of completion (CC), whichever comes first, the qualifying projects shall post a bond with the City, or In the alternative, provide a payment to the City, In the amount of the "sustalnablllty fee" Identified In Paragraph (6)(a). (b) Within one (1) year from the receipt of a certificate of occupancy (CO) or certificate of completion (CC), the owner shall submit proof of green building certification for the development from the green building certification agency. I. The bond or payment provided, or percentage thereof, shall be refunded to program participants that have achieved a level of green building certification Identified In the certification compliance schedule In Paragraph (6). II. The Planning and Zoning Department Director may approve, upon the request of the ellglble participant, a one-time one-year extension, provided proof that the green bulldlng certification agency's review remains pending to determine final certification. (c) Bulldlng permit appllcatlons for a green bulldlng project submitted or resubmitted for review shall be given priority review over projects that are not green bulldlng projects by the City's departments reviewing such appllcatlons. (d) All building inspections requested for green building projects shall be given priority over projects that are not green building projects. (8) Deposit a/funds; account. (Supp. No. 24) (a) The City shall establish a sustalnablllty and reslllency fund. The revenue generated through the sustalnablllty fee program shall be deposited In the sustalnablllty and reslllency fund. Created: 2921•88•25 D:25:30 (EST) Page 21 of 24 Ord. No. 09-24-2494 I. Interest earned under the account shall be used solely for the purposes specified for funds of such account. II. Sustalnablllty fees deposited and credited to the sustainability and reslllency fund account, and credited to the eligible participant, pursuant to Paragraph (7), shall be Identified, within the City's sustainability and reslllency fund. Ill. Appropriation of deposited funds In the sustalnablllty and reslllency fund shall not be permitted until the applicable refund period, established In Paragraph (7)(b), for those funds has lapsed. Iv. Should the eligible participant provide a bond, rather than pay the sustalnablllty fee, then, the City shall safeguard the bond, to ensure compliance with this article. The City shall return the bond or make a clalm for a portion of the bond, depending on the eligible participant's compliance with Paragraph (7)(b) and Paragraph (6)(a). (b) Earned fees In the sustalnablllty and reslliency fund shall be utlllzed to provide public Improvements that Increase the sustainability and resiliency of the City. Expenditures from these funds shall require prior City Commission approval. Prior to any expenditure, the City Manager shall 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; Ill. Environmental monitoring; Iv. Green Infrastructure; v. Enhanced stormwater quality and quantity Improvements; and/or vi. Sustalnablllty planning efforts. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 07-19-2320, § 2, 2-26-19) 20-8.14 Street standards. (A) Landscaping and Utllltles. All plant materials shall conform to the standards for Florida No. 1 or better as given In "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, Sate of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass areas shall be planted In species normally grown as permanent lawns. Grass areas must be sodded. All new landscaping must Incorporate the xerlscape principles provided In Section 20-7.17. Existing healthy plant material may remain and be Incorporated Into future streetscape projects. (1) Tree requirements: (a) Tree Requirements for Lands Zoned TSDD +999 Within the Hometown District Overlay {HD-OV}. (Supp. No. 24) Landscaping and tree protection requirements shall be subject to the provisions of Sections 20- 4.S and 20-4.S.1. Notwithstanding the foregoing, In recognition of the Infill nature of lands zoned !film. :J899 within the HD-OV, an applicant may satisfy the requirements of this section with the following adjustments, credits, and mitigation. I. Site Tree Adjustments. When the minimum number of trees required under Section 20-4.S cannot be reasonably planted on the ground level of the subject property, the applicant may utlllze one or more of the following adjustments: C..eated1 2021•08•25 13:25:30 (EST) Page 22of24 Ord. No. 09-24-2494 a. Minimum Number of Site Trees Required. In order to promote safe, functional, and accessible public sidewalks and, at the same time, encourage the activation of publlc plazas and to encourage the Improvement of the publlc realm with public seating areas while avoiding conflict with landscape features, where the minimum number of site trees cannot be reasonably accommodated within the development, the City Manager may designate (I) a location within the City for the planting of any remaining required trees or (II) a payment to the City consistent with the costs of planting the deficient required trees. b. Site Trees In the Public Right-of-Way. Site Trees may be planted within the public right-of-way so long as they are within ten (10) feet of the private property line and the trees do not unreasonably Interfere with the activities of the right-of-way. Site Trees planted In the publlc right-of-way shall be In addition to any Street Tree requirement for a site and shall only count toward the Site Tree requirement for that site. When trees are requested by a property owner to be planted within the right-of-way, the requesting property owner shall execute a covenant provided by the City to provide for the maintenance of such trees subsequent to planting. c. Upper Level Trees .. The applicant may plant thirty percent (30%) of the required Site Trees on upper levels such as open recreation areas, amenity areas or exposed decks. Trees placed on balconies attached to and serving private dwelllng units shall not count as an Upper Level Tree for purposes of meeting the Site Tree requirement. (2) Utilities. Where feasible and permissible all electrical power utllltles, cable television and telephone lines shall run underground. (B) Glare. In all districts, any lighting shall be arranged so as not to shine directly on any residential use. Direct or sky-reflected glare, when from floodlights or from high-temperature processes such as combustion or welding, shall not be directed Into any adjoining property. (C) All permitted uses, accessory activities, and storage shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading berths, dumpsters, and outdoor tables at restaurants. (D) Balconies. Balconies shall be permitted encroachments Into permitted setback areas, but not to exceed 6' O". No storage or display of Items other than furniture shall be permitted on balconies. Balconies may not be enclosed or screened. (E) Service and loading areas shall not be vlslble from public streets and adjacent resldentlal properties. All service areas shall be screened from the view of any pedestrian or vehicular path. 20-8.15 Public spaces. (A) A restrictive covenant for the perpetual maintenance for all public plazas and 11cross-thru's11 shall be recorded with the appropriate Miami-Dade County agency In a form approved by the City Attorney. (B) When necessary for publlc convenience or safety, the developer shall dedicate to the public access ways to pass through oddly shaped or unusually long blocks, to provide the networks or publlc paths creating access to parks, schools, mass transit facilities and community services. Croatod1 2021•98•25 13:25130 (EST) (Supp. No. 24) Page23of24 Ord. No. 09-24-2494 (C) Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be Integrated Into the architectural character both In terms of lllumlnatlon and fixtures. Lighting shall not Impact off-site uses or traffic on adjacent streets. (D) Buildlngs shall abut the street-front sidewalk and orient the primary entrance of entrances toward the street. Buildings shall provide amenities to Improve the climate along streets, with respect to excessive heat or sunlfght, that wlll add to pedestrian comfort. (1) Where appropriate, canopies or arcades can be provided along the street frontage of buildings; however, they should be carefully designed not to obstruct views and access between building entrances, the sidewalk, and the street. (2) Shade trees may be planted to provide additional climate protection and contribute to an attractive pedestrian environment. (E) Consistent with the purpose of this district In the areas so covered, all new construction and major reconstruction along certain street frontages must provide windows and entrances or other features meeting the requirements of the following section to afford Interest to pedestrians and to enhance the urban quality and shopping environment of downtown. (F) Along a frontage contalnfng a required building lfne, at least seventy-five (75) percent of the width of any new or reconstructed first-story building wall facing a street shall be devoted to Interest creating features, pedestrian entrances, transparent show or display windows, or windows affording views into retail, office, or lobby space. (G) Street trees shall be planted on all street frontages In accordance with section 20-8.13. 20-8.16 Unity of title required. (A) A Unity ofTltle or Covenant In Lieu of Unity ofTitle, In a form acceptable to the City Attorney, as set forth In Section 20-5.16, Is required for all platted lots In any development project within the TSDD =1=999 If any of the following conditions exist: (1) If a development project Is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project Is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right-of-way or alley; (3) If the required parking for a development project Is located on a lot other than on the site which Is generating the required parking. *** Created: 2021•08•25 13:25:30 (EST] (Supp. No. 24) Page24of24 Agenda Item No:14. City Commission Agenda Item Report Meeting Date: March 5, 2024 Submitted by: Daniela Cimo Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE III “ZONING REGULATIONS” AND ARTICLE VIII “TRANSIT- ORIENTED DEVELOPMENT DISTRICT” REGULATIONS TO CLARIFY THE EXTENT OF THE TRANSIT-ORIENTED DEVELOPMENT AREA AND MODIFY REQUIREMENTS APPLICABLE TO DWELLING UNITS; AUTHORIZING REVISION OF THE CITY OF SOUTH MIAMI OFFICIAL ZONING MAP CONSISTENT WITH THE NOMENCLATURE OF THE AMENDED REGULATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ) Suggested Action: Attachments: 48A9589-Memo_-_Ordinance_-_TODD_Regulations.docx 48A9575-48A5447-Ordinance Amend Art. III and VIII LDC Transfer-Oriented Development District Regulations CAv3.DOCX Exh A - Ordinance Amend Art. III and VIII LDC Transfer-Oriented Development District Exh B - Ordinance Amend Art. III & VIII LDC Transfer-Oriented Development District 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Lillian Arango and Tony Recio, City Attorneys CC:Genaro “Chip” Iglesias DATE:March 5, 2024 City Commission Meeting SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE III “ZONING REGULATIONS” AND ARTICLE VIII “TRANSIT-ORIENTED DEVELOPMENT DISTRICT” REGULATIONS TO CLARIFY THE EXTENT OF THE TRANSIT-ORIENTED DEVELOPMENT AREA; AUTHORIZING REVISION OF THE CITY OF SOUTH MIAMI OFFICIAL ZONING MAP CONSISTENT WITH THE NOMENCLATURE OF THE AMENDED REGULATIONS (CITY COMMISSION) The accompanying Resolution was prepared and placed on the agenda at the direction of the City Commission during the Zoning Workshop on February 20, 2024. 2