07-24-07 Item 30South Miami
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CITY OF SOUTH MIAMI t I I.r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct
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Date: July 24, 2007 ITEM No. V
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A
SIX MONTH TEMPORARY MORATORIUM ON THE APPROVAL OF SPECIAL
EXCEPTIONS UNDER SECTION 2:0 -7.51 OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE FOR PROPERTIES LOCATED IN THE HOMETOWN
DISTRICT; PROVIDING EXCEPTIONS; PROVIDING AN EFFECTIVE DATE.
Background
The City Commission has recently discussed the initiation of a review of the Hometown District Overlay
including a comprehensive analysis of the potential impact of commercial development on adjacent residential
communities, local transportation network, and public safety. In fact, the Commission did adopt a resolution
directing the City Manager to set aside funds in the FY 2007 -08 Budget for a charrette planning program for the
Hometown District.
It is important to note that consistently new development in the Hometown District over the past 10 years has
required the granting of "special exceptions" to developers in order to allow for a proposed project. These special
exceptions are essentially variances. This fact could mean. that the district regulations need adjustment or that
developers of property do not wish to follow the design and specifications envisioned for the Hometown District.
The Mayor, at the request of local residents, is recommending that it would be in the best interest of the general
welfare of the City and its inhabitants to temporarily suspend the consideration and approval of special exceptions
to the Hometown District Overlay ordinance until the review is completed and modifications to the Land
Development Code (if any) are approved. It is important to note that this action will not prohibit the right of a
property owner to develop or utilize his or her property without requesting special exceptions.
The attached resolution will suspend consideration of "special exceptions" in the Hometown District until
December 31, 2007. During this time period, the City must retain the professional services via the RFP
(Request for Proposal) process to select a land use consultant with multi - disciplinary capabilities
including traffic engineering expertise to perform the study.
Backup Documentation:
Draft Resolution
JP /SAY PAComm Items\2007 \7 -24 -07 \Special Exception Moratorium CM Report. doc
1 RESOLUTION NO. _
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 ZONING; ESTABLISHING A SIX MONTH TEMPORARY
6 MORATORIUM ON THE APPROVAL OF SPECIAL
7 EXCEPTIONS UNDER SECTION 20 -7.51 OF THE SOUTH MIAMI
8 LAND DEVELOPMENT CODE FOR PROPERTIES LOCATED IN
9 THE HOMETOWN DISTRICT; PROVIDING EXCEPTIONS;
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the Mayor and City Commission of the City of South Miami
14 ( "City ") intends to review the Hometown District Overlay Ordinance which regulates
15 development in the Hometown District; and
16 WHEREAS, special exceptions are utilized on a site specific basis to waive strict
17 compliance with the provisions of the Hometown District Overlay ordinance; and
18
19 WHEREAS, the City has determined that a review of the Hometown District
20 Overlay ordinance as well as a comprehensive review of the potential impacts of
21 commercial development on transportation, public safety and the impact on the adjacent
22 residential communities is necessary; and
23
24 WHEREAS, the Mayor and Commission after careful consideration of the matter
25 deem it advisable and in the best interest of the general welfare of the City and its
26 inhabitants to temporarily suspend the consideration and approval of special exceptions
27 to the Hometown District Overlay ordinance until the review is completed and
28 modifications to the Land Development Code (if any) are approved.
29
30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, ]FLORIDA;
32
33 Section 1. Upon the date of passage of this resolution no special exceptions
34 shall be considered and approved for properties located within the Hometown District
35 Overlay ordinance.
36
37 Section 2. Nothing is this resolution should be construed or applied to
38 abrogate the right of a property owner to develop or utilize his or her property in any
39 other way commensurate with the Land Development Code and other regulations.
40
41 Section 3. This resolution will expire at midnight on December 31, 2007.
42 This temporary moratorium via resolution may be extended in order to complete the
43 studies and approval of any amendments for the Land Development Code.
44
45 Section 4. This resolution shall take effect immediately upon approval.
46
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of July, 2007.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice :Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
P: \Comm Items \2007 \7 -24 -07 \Special Exception Moratorium Resol.doc
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