11-01-04 Item 12X04 SOUT�j�
FY �
U •
City of South Miami
To: Honorable Mayor, Vice Mayor &
Commission Members
4
From: Maria Davis
City Manager
19liv,
ORDINANCE
Date: November 1, 2004
ITEM No. A
Re: LDC Amendment
Technical Amendments
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED
"ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO UPDATE
THE LIST AND PURPOSE STATEMENTS FOR EXISTING ZONING
DISTRICTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
During the process of preparing amendments to implement the new Historic Preservation
Overlay zone it was determined that the section of the Land Development Code which lists all
of the City's zoning use districts and the purpose statements had not been properly updated to
include recently created new districts, special districts, and overlay districts. Many of these
districts, although shown on the official zoning map, are not listed or defined.. The submitted
technical amendment ordinance will correct this situation.
AMENDMENT ORDINANCE
The proposed ordinance updates Section 20 -3.1, "Zoning Use Districts and Purposes" which is
an official listing of zoning classifications and the symbols to be used on the zoning map. The
amendments allow for all of the current zone districts to be listed and a general district purpose
included. The following existing districts together with a purpose statement and map symbol are
included: CS -OV, HD -OV and PUD. In addition the TODD district listing is expanded to show
that there are five TODD sub - districts.
LDC Amendment
Technical Amendments
November 1, 2004
Page 2 of 2
PLANNING DEPARTMENT ACTION
The Planning Board at its August 31, 2004 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendment ordinance as drafted by staff.
RECOMMENDATION
It is very important that this particular section of the Code be updated and approval of the
attached draft ordinance is recommended.
Attachments:
Draft Ordinance
Excerpt from Planning Board Minutes 8 -31 -04
Public notices
MD /DOD /SAY
E: \Comm Items\2004 \11- 1- 04 \PB -04 -016 (A) LDC use districts Amend Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
5 AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
6 CODE, BY AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE
7 DISTRICTS AND PURPOSES" IN ORDER TO UPDATE THE LIST AND
8 PURPOSE STATEMENTS FOR EXISTING ZONING DISTRICTS ;
9 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the listing of zoning use districts and the purpose statements in the Land
14 Development Code have not been properly updated to include recently created new districts,
15 special districts, and overlay districts; and
16
17 WHEREAS, the official zoning map is showing existing zoning districts which are not listed
18 or defined in the Land Development Code section which sets forth the City's zoning districts; and
19
20 WHEREAS, the Planning Department and the Planning Board are in the process of
21 updating, clarifying, and improving the provisions of the City's Land Development Code,
22 specifically those revisions recommended by the City's Zoning Task Force; and
23
24 WHEREAS, the City's Zoning Task Force in 2002 recommended that the list of Land
25 Development Code zoning districts be updated; and
26
27 WHEREAS, the Planning Board at its August 31, 2004 meeting, after public hearing,
28 approved a motion by a vote of 5 ayes 0 nays recommending that the proposed Land
29 Development Code amendments contained in this ordinance be adopted; and
30
31 WHEREAS, the City Commission desires to accept the recommendations of the Planning
32 Board and enact the aforesaid amendment.
33
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38
39 Section 1. That Section 20 -3.1, entitled "Zoning Use Districts and Purposes" of the South Miami
40 Land Development Code is hereby amended to read as follows:
41
42 Section 20 -3.1 Zoning Use Districts and Purposes.
43
44 (A) Zoning Districts Established. In order to implement the intent of this Code
45 and the city's adopted Comprehensive Plan, the City is hereby divided into
46 twenty nine (29) zoning use districts with the symbol designations and general purposes
47 listed below and permitted uses set forth in Section 20-3.3(D).
48 Standards shall be uniform throughout
49 each zoning use district. District symbols and names shall be known as:
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(2)
Symbol
Name
RS -1
Estate Residential
RS -2
Semi - Estate Residential
RS -3
Low Density Single - Family
RS -4
Single-Family
RS -5
Single- Family (50' lots)
RT -6
Townhouse Residential
RT -9
Two- Family /Townhouse Residential
RM -18
Low Density Multi- Family Residential
RM -24
Medium Density Multi - Family Residential
RO
Residential Office
LO
Low- Intensity Office
MO
Medium- Intensity Office
NR
Neighborhood Retail
SR
Specialty Retail
GR
General Retail
TODD(MU-4)
Transit- Oriented Development District
(Mixed Use -4)
TODD (MU -5)
Transit - Oriented Development District
(Mixed Use -5)
TODD (LI -4)
Transit - Oriented Development District
(Light Industrial -41
TODD (PI)
Transit- Oriented Development District
(Public/Institutional)
TODD (PR)
Transit- Oriented Development District
(Parks & Recreation)
PUD -R
Planned Unit Development- Residential
PUD -M
Planned Unit Development -Mixed Use
PUD -H
Planned Unit Development - Hospital
HP -OV
Historic Preservation Overlay
HD -OV
Hometown District Overlay
CS-0v
Community Service Overlay
H
Hospital
PI
Public /Institutional
PR
Parks and Recreation
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(3)
(B) District Purpose Statements.
(1) "RS -1 " Estate Residential District: The purpose of this district is to provide
for estate type single - family residential development located in a spacious
rural -like setting which emphasizes the preservation of open space. This
district is appropriate in areas designated "Single- Family" on the city's
adopted Comprehensive Plan.
(2) "RS -2 Large Lot Single- Family Residential District: The purpose of this
district is to provide for semi - estate type single - family residential
development located in a relatively spacious setting which emphasizes the
preservation of open space. This district is appropriate in areas designated
"Single- Family" on the adopted city's comprehensive Plan.
(3) "RS -3" Medium Lot Single- Family Residential District: The purpose of this
district is to provide for low- density single - family residential development
located in a moderately spacious setting which emphasizes the preservation
of open space. This district is appropriate in areas designated "Single -
Family" on the city's adopted Comprehensive Plan.
(4) "RS -4" Small Lot Single- Family Residential District: The purpose of this
district is to provide for single- family residential development located on
smaller lots and to protect and improve the character of existing
development in the area. This district is appropriate in areas designated
"Single- Family" on the city's adopted Comprehensive Plan.
(5) "RS -5" Small Lot Single - Family (50' lots) Residential District: The purpose
of this district is to provide for built -out single- family residential
subdivisions characterized by smaller 50' lots and to protect and improve
the character of existing development in the area. This district is appropriate
in areas designated "Single- Family" on the City's adopted Comprehensive
Plan.
(6) "RT -6 Townhouse Residential District: The purpose of this district is to
provide suitable sites for the development of well planned, environmentally
compatible, low density townhouse projects on sites of at least 60,000
square feet, which are located in such a manner as to serve as effective
transitional land use elements between single - family and more intensive
multi- family residential or commercial areas. This district is appropriate in
areas designated "Townhouse Residential" or "Two- Family /Townhouse
Residential" on the city's adopted Comprehensive Plan.
(4)
(7) "RT -9" Two - Family /Townhouse Residential District: The purpose of this
district is to provide suitable sites for the development of well planned,
environmentally compatible, low density attached single - family residential
projects of a two - family and /or townhouse nature, which are located in such
a manner as to serve as effective transitional land use elements between
single - family and more intensive multi - family residential or commercial
areas. This district is appropriate in areas designated "Two -
Family /Townhouse Residential" on the city's adopted Comprehensive Plan.
(8) "RM -18" Low Density Multi - Family Residential District: The purpose of
this district is to provide suitable sites for the development of low density
multi- family residential uses with appropriate landscaped open space which
are located in such a manner as to serve as an effective transitional land use
element between less intensive residential uses and more intensive multi-
family and /or commercial uses. This district is appropriate in areas
designated "Low Density Multi- Family Residential" on the city's adopted
Comprehensive Plan.
(9) "RM -24" Medium Density Multi - Family Residential District: The purpose
of this district is to provide suitable sites for the development of medium
density multi - family residential uses with appropriate landscaped open
space. This district is appropriate in areas designated "Medium Density
Multi- Family Residential" on the city's adopted Comprehensive Plan.
(10) "RO" Residential Office District: The purpose of this district is to provide
suitable sites which will accommodate the limited office space needs of
certain low impact professional services in attractive low profile buildings
on heavily landscaped sites, architecturally similar to and compatible with
nearby single - family structures. The district should serve as a transitional
buffer between established single- family neighborhoods and major traffic
arterials or more intensive uses, and is appropriate in areas designated
"Residential Office" or "Low Intensity Office" on the city's adopted
Comprehensive Plan.
(11) "LO" Low - Intensity Office District: The purpose of this district is to permit
low- intensity office development and redevelopment, without necessarily
being compatible in appearance with single - family residential areas. This
district is appropriate in areas designated "Low- Intensity Office" on the
city's adopted Comprehensive Plan.
(5)
(12) "MO" Medium - Intensity Office District: The purpose of this district is to
accommodate professional and business office space needs in a relatively
intensive centrally located manner. This district is appropriate in areas
designated ".Medium- Intensity Office" on the city's adopted Comprehensive
Plan.
(13) "NR" Neighborhood Retail District: The purpose of this district is to permit
convenience commercial uses which provide for the everyday retail and
personal service needs of nearby residential neighborhoods in a compatible
and convenient manner. This district is appropriate in areas designated
"Neighborhood Retail Development" on the city's adopted Comprehensive
Plan.
(14) "SR" Specialty Retail District: The purpose of this district is to maintain the
basic specialty retail character of the Sunset Drive commercial area by
encouraging comparison retail uses at the pedestrian- oriented grade level
and office and residential uses on the upper floors of all buildings. This
district is appropriate in areas designated "Speeialt=y "
"Mixed Use Commercial Residential" on the city's adopted
Comprehensive Plan.
(15) "GR" General Retail District: The purpose of this district is to delineate
areas which permit a broad range of retail uses. Uses that are strongly
oriented toward the motoring public are discouraged in this district. This
district is appropriate in areas designated "General Retail" on the city's
adopted Comprehensive Plan.
(16)- (20) "TODD" Transit - Oriented Development District: (includes TODD(MU-
4) TODD(MU -5), TODD (LI -4), TODD (PI), TODD (PR) The purpose
of this district is to maximize the presence of a mass transit center located
within walking distance of the boundaries of the district. The TODD
District is intended to provide for the development of office uses, office
services, office- related retail, retail, retail services, and residential uses in
multi -story and mixed use projects that are characteristic of transit - oriented
developments. Regulations provide for the continuation of existing light
industrial uses, but encourages redevelopment through flexible building
heights, design standards, and performance- oriented incentives. The district
is appropriate in areas designated "Transit- Oriented Development District"
on the City's adopted Comprehensive Plan and Future Land Use Map.
46 (21) -(23) "PUD" Planned Unit Development: (includes PUD- R,PUD- M,PUD -H)
47 The purpose of this district is to allow a tract of land to be developed as
48 a unit under single ownership or unified control,
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(6)
3 which includes one or more principal buildings or uses. A PUD
4 encourages design flexibility versus traditional siting such as side yards,
5 setbacks, height. A greater flexibility in locating buildings and in
6 combining various uses will achieve better economics in construction,
7 preservation of open space and inclusion of amenities. The district is
8 appropriate in areas designated residential, multi - family, commercial,
9 transit oriented, mixed use or public/ institutional areas on the city's
10 adopted Comprehensive Plan and Future Land Use Map.
11
12 (24) HP -OV" Historic Preservation Overlay: The purpose of this district is to
13 preserve and protect historic and /or architecturally worthy buildings, sites,
14 neighborhoods or archaeological zones, which impart a distinct aspect to the
15 City of South Miami and which serve as visible reminders of the history
16 and cultural heritage of the City, the State and the Nation. The HP -OV
17 zoning district shall overlay existing use districts, and all uses allowed by
18 the underlying use district shall be permitted. The provisions, standards, and
19 procedures set forth for properties designated as an historic site or district
20 shall be in addition to all other applicable requirements in the Land
21 Development Code. The district is appropriate in any land use categories on
22 the city's adopted Comprehensive Plan and Future Land Use Map.
23
24 (25) "HD-OP' Hometown District Overlay: The purpose of this district is to
25 implement a mixed -use commercial/residential land use category that is
26 characteristic of traditional down - towns. It is intended to provide for
27 different levels of retail uses, office uses, retail and office services and
28 residential dwelling units with an emphasis on mixed use development.
29 In order to assure a mix of uses, the City requires that a minimum of
30 two of the above uses must be included within each protect. The land
31 development regulations contained herein reinforce South Miami's
32 Comprehensive Plan by establishing new standards for development as
33 an overlay to existing development regulations within the boundaries of
34 the Hometown District. The district is appropriate in the mixed use
35 areas on the city's adopted Comprehensive Plan and Future Land Use
36 Map.
37
38 (26) "CS-Or' Community Service Overlay : The purpose of this district is to
39 promote the health, safety, community - acceptable standards of morals
40 and general welfare of the residents of the City of South Miami. The
41 Community Services overlay zoning district is intended to provide for
42 the establishment of an overlay zoning district in the Charrette Two
43 Study Area, in order to provide for the special needs of community -
44 based service providers and, specifically, to permit parking lot
45 improvements, out - parcel development, day care center facilities and
46 building additions for those properties under the sole ownership of
47 community -based service providers, such as churches, mosques,
48 synagogues, or temples. The district is appropriate in the residential
49 areas on the city's adopted Comprehensive Plan and Future Land Use
50 Map.
51
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(27) "H" Hospital District. The purpose of this district is to permit, as a special use,
areas that will accommodate various hospital needs in a manner compatible
with nearby residential areas. The district also permits office uses at
appropriate intensities in the event that hospital uses are terminated and is
appropriate in areas designated "Hospital /Office" on the city's adopted
Comprehensive Plan. The unique nature of hospital usage and its quickly
changing needs and characteristics makes their proper regulation under
ordinary zoning regulations difficult. Hospitals located near residential areas
are both an asset in terms of jobs and services provided and a liability in terms
of traffic generated and their propensity to expand. It is the intent of this district
to establish stable land use patterns in hospital areas upon which local residents
and hospitals can both rely.
(28) "PI" Public /Institutional District: The purpose of this district is to provide
for schools, governmental facilities, utilities and churches and similar uses,
with building heights and intensities compatible with surrounding districts.
This district is appropriate in areas designated "Public and Semi - Public" on
the city's adopted Comprehensive Plan.
2f 9) "PR" Parks and Recreation District: The purpose of this district is to
provide for public parks and open space areas, including those associated
with schools. This district is appropriate in areas designated "Parks and
Open Space" on the city's adopted Comprehensive Plan.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2004
EMU J11163 N "II
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
NOTE: New wording underlined; wording to be removed indicated by strike -
through.
EAComm Items\2004 \11- 1- 04 \LDC Tech Amend Use Districts Ord.doc.
MIAMI DAILY BUSINESS REVIEW'
Published Daily except Saturday, Sunday and k °� m ,
.Legal Holidays -
Miami, Miami -Dade County, Floridan fi
STATE OF FLORIDA $
COUNTY OF MIAMI -DADE:
Before the undersigned authori ty personally appeared
O.V. FERBEYRE, who on oath says that he or'she is the NOTICE �� PUB�.C�HE�RNG
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday NOTiG I H� Y t eo 7atthe C�Cyommrssiort of th�Crty of,South i
and Legal Holidays) newspaper, published at Miami in Miami -Dade Mramr FCanda rant condueL P�ibli(ieanttgs at tts reguler Ctty i
County, Florida; that the attached copy of advertisement, Comi�irssjarrpeeittg scteduatfo Monday Noveri7ber, ,1 2004 ,
being a Legal Advertisement of Notice in the matter of begrnning a7 m the Ct Cwmmissron Chambers 6130 Sunset
Dnve %eonsrdertfiefaklbwrn
- f -
CITY OF SOUTH MIAMI irstReadlna
CITY COMMISSION MEETING 11/1/04 ANdRdINAOQ( TIfEICIIi1OtiiAltla CIT1F COMMISSION
OF THE CITIbSOLWTHiMIAM1'r Ff= 11[D[PREfIDINfFQR
in the XXXX Court, TECHNICAL. AMENDINEI�ITS (% tE�4 X Q SQUTi�l�kkitll M 5',
I
was published in said newspaper in the issues of LAND° DEVELOPMENT` CO0itINN NEN�FNrG SEC7`Cak
X20 -3�f EI�IiITE [�`�`Zf�IiHNGUS�'DI�T�I�ft �'�Np PURPQS-
10/21/2004 SESIlxl` f)FCQElFyDATE $EfEIST F�NR PURPOSE
srA��nnENsTS����t�l�ISnNG�za�i�k���ls -rRi�T�,�>��la
�' YIDING< FOFr SEY7= F�BILrTY, ORDINANCES INCONFLICT 1
�AND�PROi /ID�ING`AIEFFECTri/�D/I,TE � � "; "' '
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade wResalutroizs,t wSY h ;m ` `
County, Florida and that the said newspaper has A FISOLUT(ONOF THEKAItYCiR ANDCITY COMIiAISSION
heretofore been continuously published in said Miami -Dade County O £I "m r � Q I TH "MtAIfMy RE@A CIyOir,�f%,/ ;R�I�lU S7
Florida; each day (except Saturday, Sunday and Legal Holidays) s PURSUANT TO,a SECT ON z0- 34(6)(4)(6) `0l= THE LAfMD'
and has been entered as second class mail matter at post DEUEL °OF�M NT COD OFr'/4SPtCEAL "OOK
office in Miami in said Miami-Dade County, Florida, fora LOCATE iii E3ESTpURANT „s`LOUNGE�►ND �EIiT 1�1
TABLISkItV�EN
period of one year next preceding the first publication of the
MENT' SST fN
SHE
attached copy of advertisement; and affiant further says that he or } RETQIL HOIIIIETOyYN �tDISTRICT QNERLAIf ZONING
DtSlkCT SPCIFtC/CLLY�OCEITED Ai 5TQi S1iNSET
she has neither paid nor promised any person, firm or corporation �ttE 's D�R1YE�ESFIiOPS A �SUNSE7'` `PLACE PROYIDiNG'idNr
any discount, r bate, commission or refund for the purpose E FECTk ppY7Eta
of securing t ' adverti ent r publication in the said
newspaper Abnve ite "ms carr bir�spected rn the City Cferk`s Oftice 'Monday - Fnday.
durIngregukaroftrci hours2
�C,r'i Inquires Icattce;ntng #his item shaukd be directed to the Planning
�DepartlrrenCett663,6326 ` "
Sworn to and subscribed before me this
BALL interested parEres are rnVrted to attertYdandwrll be heard
21 day of OCTOBER A.D. 2004
< Marra M Menende
ylrltl(O�SOC"JtkX�'Ydml. ' 3
J
Pursuan# to Randa Statutee 286 0105 the flCriy hereby advrses the
(SEAL)
Ch"HMww public that ifra person decides to appeak arty deaslonmatle by thrs
Board Agency orCommrssion wdh respect tawny matter consrdered at
O.V. FERBEYRE pers d QDmission DD338559 ifs d moherin, ho e wrl
UPM July 18, 4008 ae a l,need a record of the proceedings
that far such purpose affectedfperson may needfo ensure thata -
;Uerba #im ' recortfot{the proceedirigsls`made which record trtcluCtes the
testtmontr and e'vrdenee upon whrctt tfYe appeal rs to be based ;
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On Monday, No�rember t, 2004;, beginning at Z:3t} p m , "fin the City
z
Commission Chambers,; 6130 Sunset Driue, the C4 COft mossion will
hold Public Hearings to considerthe following Items
°�
An t7rdir %ance relating to technical amendments to. the
- wCity
of Southr ;Miami Land Development Code,: by
_
amending Section 20 i :entitled "Zoning_ Use Distracts
and Purposes "irt ",order to
update ;the list .antl purpose
� �
etatemen'tsfor existing honing
d�tnets '
A Resoi`ut�an pursiaantto Section 2Q 3 4(b}(4)(b} of the City
f
of South Miami Land Deelopm�nt Cod'relatmg to a
iequest>4or a specialyuse approual <fo locate` a restaurant,
' s
lounge, and entertainment establishment in th e 'SR
(HD) "Specialty Retarl Hometown istnct O�rerfay on
District spec4ficaliy lacated`at 5701' Sunset Dnve (Shops at
Sunset Place)
For more information plEase coptact the Planning and Zoning Dept; at
i
305- 663.6326.
'
Mahal Menendez
F
f C Clerk;;
t
City ofSouth Miami
`
Pursuant to Fibri6a Statutes 286.Oip5, the City hereby advises the
-
� publicthat if a. persor[decitlesto "appeak any decision made by this
;
Board Agency _or Compassion with respect to any, matter considered at
t4
'
its -'m or hearing,he or she: will need a record ofthe'proceed'ings,
"e
for. such,purpose;'atfecfed persorr may n ed °to ensur that a
ql
verbatirr record of ttie. proceedings is made which reeord inciudes,the
i
testimony and" evidende -upon which the appeal is t, be based , _