10-25-89 SPECIALl
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
'6130 Sunset Drive
Next Resolution: 126 -89 -9005
SPECIAL CITY COMMISSION MEETING
Next Ordinance: 19 -89 -1441
OCTOBER 25TH, 1989-
Next Commission Meeting:
7:00 P.M.
_11%07/89
A. INVOCATION
B. PLEDGE OF ALLEGIANCE TO THE FLAG
OF THE UNITED STATES OF AMERICA
ORDINANCES- 2ND READINr7 AND PUBLIC•HEA.RINGc
RESOLUTIONS:
NONE
ORDINANCES: 1ST READrNG
NONE
You are hereby advised that if
with respect to any
any person desires to appeal any decision
matter considered
person will need to ensure that
at this meeting or hearing, such
a verbatim
made, which record includes the
record of the Proceed,ngs is
testimony and evidence upon which the
appeal is based.
MINUTES
Planning Board
August 29, 1989
City Commissioners' Chambers'
Tuesday, 7:30 PM
PB -89 -020
Applicant: Mayor and City Commission
Request: Review and make recommendations to the City
Commission concerning the proposed Land Development
Code, including recommendations concerning the
consistency of the proposed Land Development Code
with the Comprehensive Plan.
Attorney Alan Gold representing South Miami Hospital (accompanied
by Bill Enright from SMH) suggested two changes generic in nature
but pertaining particularly to the interest of the hospital.
First, on page 51 of the new zoning code insert a new paragraph,
subpart D, stating that the relationship of the hospital district
as a zoning district and a special use permit for planned
development for hospital purposes. The hospital already has a
special use permit for hospital development. How does that apply
in relationship to the underlined "hospital district "? Their
suggestion is to clarify in -a new paragraph (subpart D) that, in
the event that a planned development hospital district has been
enacted in accordance with the City ordinances, it would "supercede
that underlining zoning district according to the terms and
conditions of the special permit. There would be no question as
to which governs, it would be the special use permit govern in
accordance with its terms and conditions.
Mr. Duncan stated that there has always been some confusion as to
the past procedures of having a hospital district and then a
PD-H district. Both are not needed and a simple clause (such as
this suggestion) would indicate that once the -PUD process has
begun, there would be no jurisdiction from the H district. This
will be drafted and offered in the next draft.
PB Minutes 3 8 -29 -89
Mr. Gold then stated that in the State statute under which this
land development code is being adopted, there is a provision
stating that where a development has commenced under a final local
development order, there can be no divestment of rights under that
development so long as.it continues in good faith.
The issue is "How does the new land development code, in terms of
the concurrency requirements, apply to a project such as the
hospital which has a final local development order to commence
development,and has made major expenditures; would the concurrency
provisions as they appear on page 86 of the draft apply to the
hospital situation ?"
In order to give guidance for that question, it is suggested that
there be an amendment by an addition of a sub- paragraph F, which
reflects the State's statute in question, # 163.31678. They
suggest that the language should read "nothing in the land
development code can limit or modify the rights of any person to
complete any development that has been authorized as a DRI
development order pursuant to Chapter 380 or who has been issued
a f inal local development order and where development has commenced
and is continuing in good faith prior to the adoption of the City's
Comprehensive Plan."
Mr. Duncan said that this makes sense but must be checked with the
City Attorney. A local development order is considered to be the
same as a building permit. It is also DRI approval.
Mr. Gold further stated that there are two different items. One
is the DRI order not requiring commencement of development.. If
that order is obtained prior to the adoption of the Comprehensive
Plan, that order gives certain rights which the statutes says
Cannot be divested. The second, where a DRI order is not obtained,
but there is what the statute calls a final local development order
which may be a building permit or may even be a plat or some other
action of local government which is a final action on which to
rely. A special use permit is one of those type of actions by the
City, particularly where there is reliance on the commencement of
Construction. In the instance of the hospital', there are a number
of building permits pulled for a number of components of the
special use. Then, the question is whether' a number of the
components which have not been built to date would be grandfathered
or not under that language.
Mr. Duncan stated that he must confer with the City Attorney on
this matter also. Mr. Gold was attempting to suggest that the
City's Zoning Code language be in accordance with State statute
language which is also the language used in the City's
Comprehensive Plan. Procedures in the future may require clear
language to be used on a'case by case basis.
PB Minutes 4 8 -29 -89
Motion was made and seconded asking Mr. Duncan to incorporate these
suggestion made by Mr. Gold into the next draft of the Zoning
Ordinance.
Vote: 6 0
Attorney Steve Helfman from Fine, Jacobson spoke with some general
comments regarding sign provisions of the Code. Fine, Jacobson
represents the proposed developer of the Anthony Abraham site.
Their concern is representing their client using the new zoning
regulations.
There is a provision regarding prohibited signs, one of which is
signage on parapet walls. The proposed code in this matter is
different from the current code, which allows for signs on parapet
walls extending not more than 18" above the parapet wall. Why this
has been eliminated is not clear because, typically, that is where
you would find this kind of signage in a shopping center. This
will effect them and their client.
Mr. Cooper stated that there are provisions for a flat sign on a
building, and since it is the aim of the City to appeal more to
slow automobile and pedestrian traffic, the types of signage which
would attract arterial traffic has been discouraged.
Mr. Helfman discussed overall limitations on signage. There is a
limitation with the exception of detached signage of 200 sq ft for
each property no matter the property size. This, then, gives the
same amount of signage to a property which has 100 feet of frontage
on a street as one with unlimited frontage This limits and treats
differently those two types of property. In the case of his client
who takes up an entire city block, he is allowed only 200 feet of
signage. With about 40 tenants, this limitation is unreasonable.
Addressing detached signage next, Mr. Helfman stated that these are
limited to one, notwithstanding the size of the property, except
on a corner, an additional attached sign of 50 sf ft is allowed.
This does not accommodate a large scale shopping center with its
various tenant needs. This is one sign per platted lot. His
client, feels they cannot build a shopping with these proposed sign
limitations. They have submitted detailed alternative suggestions
by letter to the consultant.
Mr. Cooper stated that, having worked on the sign committee, it was
the intent of the committee to prevent creating a city with large,
multiple detached signs all over the City or such signs on a
building or signage defeating the creation of a pedestrian oriented
atmosphere. He understands the desire of Mr. Helfman's client to
appeal to vehicular traffic but there is a residential neighborhood
next door. He feels they will have to return to request a variance
because Mr. Cooper would not agree to give complete freedom
allowing signage to any and all other shopping centers.
PB Minutes 5 8 -29 -89
Board member Kraich expressed her reservation regarding the lineal
feet of signage being limited to 200 feet is very inadequate when
being applied to shopping centers such as this one. Her experience
shows that such a center which cannot adequately identify itself
will have leasing problems and problems generating the type of
traffic needed to be an economic success. She has no alternative
proposal but feels the City is overly restrictive in this matter.
Mr. Duncan stated that in the area of signs, he would like
additional feedback from the City as well as other interested
parties. He agrees that there are inequities which need to be
addressed before his meeting with the Commission
Ms. Kraich suggests that, in addition to aesthetics, consideration
should be given to those persons with average vision trying to read
signs while driving down the City streets.
Mr. Cooper stated that this was considered by the sign committee
in making their recommendations this past year.
Additional zoning items which the Board felt needed to be
considered were:
(1) defining nightclubs
(2) clarifying setbacks;
(3) definition of a "story ";
(4) vagueness of " relatively spacious" and "moderately spacious ";
(5) wording used to describe services at South Miami Hospital;
(6) clarification dealing with adult congregate living facilities
and community residential homes (group homes)
(7) when downgrading zoning, what are requirements under permitted
uses for residential or RO relating to multi- family
residential;
(8) allowable disposable /plastic containers used by
restaurants /fast food places;
(9) page 48, 9 -B is not necessary for clarity so should be
deleted;
(10) page 55, minimum lot size to be minimum site size for more
accuracy;
(11) page 72, ,C, should come under signage; the whole subject of
.,signs should be brought together better;
(12) page 67,.section on general requirements of PUD -R, should be
made more clear;
(13) page 74, 13 pedestrian amenities are too vague;
(14) page 75, under sidewalks, why is Bakery Center included;
(15) page 81, B, needs clarifying;
(16) page 97, off street parking should be deleted in this
instance;
(17) page 98, dimensional requirements in text do not agree with
those on the graphs;
(18) entrances and exits to RO property in the older code which
were not included in this draft should be added;
PB Minutes 6 8 -29 -89
(19) page 115, clarify "undergrowth "; and,
(20) re: rubbish & garbage removal should be deleted as not
applicable to this City, also the word "metal" from
containers; deciding what must be containerized.
Mr. Gutierrez had some random opinions: (1) p. 105, as regards tree
separation and buffer, 40 feet is excessive, 30 feet is more
reasonable; (2) islands should be every 8 spaces maximum; and,
(3) sprinkler systems should be required in landscaping.
There were more comments, suggestions and specific requests for
changes from the Board which were given to Mr. Duncan for his use
in completing the new Zoning Ordinance. Those Board members who
had made notations in their draft copies gave these to Mr. Duncan
for his use.
Following this discussion, motion was made and seconded to
recommend this zoning ordinance draft with these comments to the
City Commission.
Vote 6 - 0
D. Consideration of Minutes of June 27, July 25, and August 8, was
unanimously deferred until the next meeting.
G. No additional remarks.
H. Meeting adjourned.
Chairman
PB Minutes
7
Secretary
8 -29 -89
• lMtOl ►ptlfm
t Oink
�9
BILL PORTER
8130 SUNSET DRIVE
MAYOR SOUTH MIAMI, FLORIDA 33143
305 / 887 -5891
THERE WILL BE A SPECIAL MEETING Of THE MIAMI CITY
COMMISSION ON TUESDAY, SEPTEMBER 26TH
a BEGINNING
AT 7 :30 P.M. IN THE CITY COMMISSION CHAT SOUTH
MIAMI CITY HALL, 6130 SUNSET DRIVE,, SOUTH MIAMI, FLORIDA,
FOR CONSIDERATION OF THE FOLLOWING:
AN ORDINANCE OF THE CITY OF SOUTH XIAXI, FLORIDA, ADOPTING
"THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE " , - RBGULAT I lG
AND RESTRICTING THE ERECTION, RECONSTRUCTION, ALTERATION,
LOCATION AND USE OF PROPERTY, BUILDINGS, STRUCTURES, LAND AND
VATER FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES;
REGULATING AND RESTRICTING THE SIZE OF BUILDINGS AND OTHER
STRUCTURES HEREAFTER ERECTED OR ALTERED; REGULATING THE SIZE
AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN SPACES
SURROUNDING STRUCTURES; REGULATING AND RESTRICTING BUILDING
LINES AND THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED;
DESIGNATING ZONING DISTRICTS OF SUCH NUMBER, APE AND AREA
AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS,
AND FOR EACH SUCH DISTRICT TO HAVE REGULATIONS AND
RESTRICTIONS DESIGNATING THE KINDS OR CLASSES OF TRADE,
INDUSTRIES, RESIDENCES, OR OTHER PURPOSES FOR VHICH BUILDINGS
OR OTHER STRUCTURES OR PREMISES MAY BE PERMITTED TO BE
ERECTED, ALTERED OR USED; PROVIDING FOR REGULATIONS INCLUDING
CONCURRENCY MANAGEMENT, SIGH REGULATIONS, PARKING AND
LANDSCAPING REQUIREMENTS; PROVIDING` FOR ADMINISTRATIVE AND
PERMITTING PROCEDURES; ESTABLISHING AN ENVIRONMENTAL REVIEV
BOARD AND PROVIDING REGULATIONS THEREFOR; ESTABLISHING
REGULATIONS FOR THE PLANNING BOARD; PROVIDING A METHOD OF
ADIIINISTRATION AND ENFORCEMENT; PROVIDING FOR METHOD OF
REVIEV; PROVIDING PENALTIES FOR VIOLATIONS THEREFOR;
REPEALING ORDINANCE 20 -71 -724 AND ORDINANCES AND SECTIONS OF
THE CODE IN CONFLICT HEREVITH; EXPRESSING INTENT OF
SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOTICE OF THIS SPECIAL MEETING WAS SERVED UPON THE CITY
CLERK ON SEPTEMBER 18TH, 1989.
DONE UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF
SOUTH MIAMI THIS 22ND DAY OF SEPTEMBER, 1989.
YO
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
Next Resolution: 109 -89 -8088
SPECIAL CITY COMMISSION MEETING Next Ordinance: 19 -89 -1440
SEPTEMBER 26TH, 1989 Next Commission Meeting: 10/3/89
7:30 P.M.
A. INVOCATION
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ORDINANCES'- 2ND READING AND PUBLIC HEARING:
NONE
RESOLUTIONS:
NONE
ORDINANCES FOR -1ST READING AND PUBLIC HEARING:
1 .
AN ORDINANCE_ OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING 3/5
"THE CITY OF SOUTH MIAMI LARD DEVELOPMENT CODE", REGULATING
AND RESTRICTING THE ERECTION, RECONSTRUCTION, 'ALTERATION,
LOCATION AND USE OF PROPERTY, BUILDINGS, STRUCTURES, LAND AND
-WATER FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES;
REGULATING AND RESTRICTING THE SIZE OF BUILDINGS AND OTHER
STRUCTURES HEREAFTER ERECTED OR ALTERED; REGULATING THE SIZE!
AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN SPACES
SURROUNDING STRUCTURES; REGULATING AND RESTRICTING BUILDING;
LINES AND THE PERCENTAGE OF LOT THAT NAY BE OCCUPIED
DESIGNATING ZONING DISTRICTS OF SUCH NUMBER, SHAPE AND AREA
AS MAY BE.DEEXED BEST SUITED TO CARRY OUT THESE REGULATIONS,;
AND FOR EACH SUCH DISTRICT TO HAVE REGULATIONS AND
RESTRICTIONS DESIGNATING THE KINDS OR CLAS'S'ES OF TRADE,
INDUSTRIES, RESIDENCES, OR OTHER PURPOSES FOR WHICH BUILDINGS
OR OTHER STRUCTURES OR PREMISES MAY BE PERMITTED TO BE
ERECTED, ALTERED OR USED; PROVIDING FOR REGULATIONS INCLUDING'
CONCURRENCY MANAGEMENT, SIGN REGULATIONS, PARSING AND;
LANDSCAPING REQUIREMENTS; PROVIDING FOR ADMINISTRATIVE AND,
PERMITTING PROCEDURES; ESTABLISHING AN ENVIRONMENTAL REVIEV
BOARD AND PROVIDING REGULATIONS THEREFOR; ESTABLISHING`
REGULATIONS FOR THE PLANNING BOARD; PROVIDING A METHOD OF
ADXINISTRATION AND ENFORCEMENT; PROVIDING FOR METHOD OF
REVIEW; PROVIDING PENALTIES FOR VIOLATIONS THEREFOR;,
REPEALING ORDINANCE, 20 -71 -724 AND ORDINANCES AND SECTIONS O
THE CODE IB CONFLICT HEREWITH; EXPRESSING INTENT OIL
SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE.
(City Commission)
You are hereby advised that if any person desires to appeal any decision
With respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the
appeal is based.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAXI, FLORIDA, ADOPTING
"THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE" REGULATING
AND RESTRICTING THE ERECTION, RECONSTRUCTION, ALTERATION,
LOCATION AND USE OF PROPERTY, BUILDINGS, STRUCTURES, LAND AND
VATER FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES;
REGULATING AND RESTRICTING THE SIZE OF BUILDINGS AND OTHER
STRUCTURES HEREAFTER ERECTED OR ALTERED; REGULATING THE SIZE
AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN SPACES
SURROUNDING STRUCTURES; REGULATING AND RESTRICTING BUILDING
LINES AND THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED;
DESIGNATING ZONING DISTRICTS OF SUCH NUMBER, SHAPE AND AREA
AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS,
AND FOR EACH SUCH DISTRICT TO HAVE REGULATIONS AND
RESTRICTIONS DESIGNATING THE KINDS OR CLASSES OF TRADE,
INDUSTRIES, RESIDENCES, OR `OTHER PURPOSES FOR WHICH BUILDINGS
OR OTHER STRUCTURES OR PREMISES MAY BE PERMITTED TO BE
ERECTED, ALTERED OR USED; PROVIDING FOR REGULATIONS INCLUDING
CONCURRENCY MANAGEMENT, SIGN REGULATIONS, PARKING AND
LANDSCAPING REQUIREMEENTS; PROVIDING FOR ADMINISTRATIVE AND
PERMITTING PROCEDURES; ESTABLISHING AN ENVIRONMENTAL REVIEW
BOARD AND PROVIDING REGULATIONS THEREFOR; ESTABLISHING'
REGULATIONS FOR THE PLANNING BOARD; PROVIDING A METHOD OF
ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR METHOD OF
REVIEW; PROVIDING PENALTIES FOR VIOLATIONS THEREFOR;
REPEALING ORDINANCE 20- 71 - 724 AND ORDINANCES AND SECTIONS OF
THE CODE IN CONFLICT HEREWITH; EXPRESSING INTENT OF
SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami adopted a comprehensive
plan and is required to implement land development regulations to
effectuate the plan; and
WHEREAS, the City's Planning and Zoning consultant has
recommended the adoption of "The City of South Miami Land
Development Code ", Exhibit "1" to this Ordinance, to serve as the
City's zoning code of regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the attached "City of South Miami Land
Development Code ", consisting of Articles through `,
being -a part of this Ordinance, be and is hereby adopted as the
Official Zoning and Land Development Ordinance of the City of South
Miami, Florida.
Section 2. If any section, sentence, clause, phrase or
word of this ordinance is for any reason held or declared to be
unconstitutional, inoperative
or void, such holding or invalidity
1
shall not affect the remaining portions of this ordinance; and it
shall be construed to have been the intent of the Commission of
the City of South Miami to pass this ordinance without such
unconstitutional, invalid or inoperative- part therein; and the
remainder of this ordinance, after the exclusion of such part or
parts shall be deemed and held to be valid as if such parts had not
been included therein.
Section 3. That upon the effective date hereof all Codes
and Ordinances in conflict herewith, including Ordinance 20 -71 -724,
as amended, which is the City's Zoning Code, are hereby repealed.
Section 4. This Ordinance shall take effect immediately
upon passage.
PASSED AND ADOPTED this day of _ _, 1989,
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ordina \CSMLAND.code
2_
CODE REVISION HIGHLIGHTS
PLANNING BOARD ZONING MEETING 7-17-89
Verbatim Copy
Attendance Absent
Manuel Gutierrez Susan Kraich
Neil Carver John Andrews
Thomas Cooper -
Robert Parr
Larry Ligammare
Also in Attendance
Soheila Goudarzi, Planner
Bill Mackey, Planner
Sonia Lama, Building & Zoning Director
William Hampton, City Manager
Eric Kelly, Land Use Attorney w /James Duncan & Assoc.
James Duncan, Consultant
Shaleen Pinero, Admin. Secretary
Pat DeLisa, Admin. Secretary
Cooper: Mr. Duncan can you give us a brief idea on how you would
like to do this ?
Duncan: First of all you will notice that there is a second draft
copy. On Friday I received changes other materials which I
incorporated into the second or revised draft. I will explain the
basic difference. The second draft pointed out three things that
the first one does not include.
The first is a housing code that was suggested by City Attorney and
is similar to that of your sister City of Coral Gables. It is
Article Nine in this draft. There has been changes in order to
clean it up and adapt it more for the City of So. Miami. The second
item is the bulk of the packet itself which is two hundred and
twenty pages as compared to the first draft which is one'hundred
seventy six pages. The third item is that we have included a fee
schedule into this draft which is an additional fifteen pages. The
schedule will be easier to locate and keep up to date.a
As you know , we are on a tight deadline and we hope to get some
input to night so that we can incorporate on a third draft as
soon as possible.
I could highlight the Ordinance rather than page by page.
Chairman Cooper agreed. Then the public will be given an
opportunity to make their statements.
`i
Mr. Duncan reviewed the table of contents. He stated that
the current code has been reformatted.
Special Points:
The only change in the zoning districts are those that have been
reflecting and implementing the Comp. Plan. There have been some
adjustments which he would discuss later in the meeting
Article 9 was added as a Housing code. It describes the various
housing conditions, requirements for both exterior and interior of
of a facility including plumbing and ventilation and going through
the various legal procedures which enforce the housing code. The
City Attorney is looking into some of those areas he would Tike to
adapt to the City ordinance
Hghlgh -fing the zoning districts the first draft and I- want to,
you may have notice in RS -4 was not included in the draft that you
received , it is in the second edition. one of the reasons is that
when -you adopted your Comp Plan it was our interpretation that
Comp Plan clearly stated that minimum lot size in the City would
be ten thousand square feet, which is your RS -3 District. However.,
in discussions you are aware' that you have a lot- of lots -•in the
City that are less then ten thousand square feet and we put it "back
into this draft. That was the only reason it was left out.
Ducan:Let me give the structure of the schedule. Basically they
have grouped in major` section like privRtg residential, public
institution, etc. On the far e t t w4lassification ee digits are basically
what we call SIC (Standard Code) the
benefit of that reduces the problem of standard publication which
gives the definition of all types of uses. So it gives a quick
reference to staff.
Moving on across the table on the top is your RS -1 and the non-
residential categories. On the far right two columns one is the
special conditions and the second one is parking requirements a
quick reference on two conditions.
There are a couple that we still have to look at like for example
the group homes there is a state legislation that came out this
year dealing with that we are going to get that incorporated.
A`couple of things that the City that has had problems in the past
is that has indicated to us we tried to clean up For instance
as the definition on school we have the two'definitionSelementary
and secondary and vocational. It does not matter whether there are
public or private in each case , However there are permitted in
the City. We the new public institution and there are all
permitted.
On residential to give you an example I thin there was a
discussion that we had on private school like ance school or
music type studios and schools which are different in definition
on the end of each group we also have a category called unlisted
uses of similar nature. In the past that category has not ben there
for staff to work with . There is no way you are going to include
every type of use that you can think of in the zoning code. So this
allows the ma
Jor by character by impact
The other type of uses you will see have been alphabetize in the
category to make it easier to find.
After getting to -the services we can expand the number of uses
from your current code by about 30%
Ending with a full page of retail type uses and transportation,
warehouse and communication category.
And much shorter list of manufacture which is not major use
category in this City being that those _type of uses are only
permitted in your I district.
The second part of your district regulation are in 'a metric called
dimension requirement there are three of them one for the single
family district and one for the multi- family district and basically
there is no significant' change in the requirement of the boards
in single family district. I think I could only recall one that we
have offered here that is interior side yard for the RS -4 10 feet.
One of the reason we have offered an impervious cover requirement
through out your districts is one of the requirement on Chapter 63
is that community should look for methods to encourage some what
drainage and landscape . An the Impervious coverage which most
community have been using for several years in F-horida
The non- residential district the three office district R Lo Mo
offices the MR S G I Districts basically on this one there were a
lot of gaps in your current code We will try to fill,the holes. In
the yard setback and the height limit.
In your current R District you have a formula which ranges from
.50 down to about to .25 or .37 depending on the lot size. We would
be talking about that concept later.
Gutierrez: Is the building coverage of 5,000 is not applicable �-
Duncan: No, there was no building coverage in those district in
your current code quite frankly. I don't think you need all three
because they interact together. Building coverage and impervious
cover ratio are counter productive. The 30% is in your current code
for the R and Building coverage. If you had the impervious 65 in
the Fie4 .25 there would be no eed - -- I would like
to know what the City feels about For - example
between buildings Lets take the Specialty Realty Downtown area
there is no interior side setback between buildings because in that
particular area your C2 area is customary that two buildings abut
each other. and also side exterior in many commercial district
because you don't need setback like you need in the residential
area. The reason is that in residential area you need it to allow
area and light.
Gutierrez: You were saying that impervious and the building
coverage was taken care of by the impervious percentage,?
Duncan: No, they work together.
Gutierrez: And the landscape requirement only.
Duncan: The reverse impervious asphalt concrete, the residual of
that is where can you put your landscape on that.
I mentioned earlier that concurrency requirement on page 77 and.rl-
everybody is moving easily into it . It is a new state requirement.
We took the sign ordinance already existing and we created a
matrix. Taking the Zoning District across the top type of signs to
be permitted down the left hand side to the various types of signs.
In the matrix you would see a number or an asterisk there that type
of sign is not permitted in that zoning = district if there is a
number that number references in the following pages in the actual
number assign to that type the size and specs:
George Elias: Owner of the property on 7150 S.W. 62 Ave. and thing
this goes on the third and fourth year we have appeared here to
object to the proposed Comp. Plan and also this zoning plan so I
would just for the record tonight just sate that we object to any
changes in the proposed plan change of zoning ordinances or
anything else that would change the _existing _law that would
prohibit us that property form building six floors of office space
and two floors of parking. Which is the old CO and that is hope
proposed that the zoning remain the same on the subject property
so for the record
Carter McDowell: I an here representing the Brandon Companies who
are contract purchasers of the property known as the Anthony
Abraham property located on Red Road. I think -I need to start by
the day this was advertised I came down to City Hall during that
morning when I saw the advertising to get a copy of that ordinance
so that I could begin to review it on behalf of my clients. There
was one copy of the ordinance available in the B & Z Dept..
Although there were no copies available to the general public. I
did request and the City 'did move forward to make copies. We
received 'a call I guess a couple days indicating that there were
ready and I do and I have had it for three days. I would note that
there is no zoning map available as far as I am aware. I have asked
for it there is no map to show this categories would with. Although
I would certainly say that the Comp Plan map is pretty close to
what the Zoning map would nook like.
This is a_very substantial undertaking which you are engaged. The
state law does say that local governments are suppose to adopt new
land development regulations within 1 year of the date of
transmittal of their Comp. Plan for the City of South Miami that
was August 1, 1988. So by state law theoretically you are suppose(]
to have land development regulations in place by August 1, 1989.
I would suggest you either the DCA which is your primarily movers
behind the growth management legislation have acknowledge that is
a total unrealistic time frame and the City is trying is best to
meet that time frame but for example the DCA in this past
legislation session sponsored a bill which would have ut the land
development regulations within one year of plan found in
compliance. Well your plan is not in cdin fiance today and it won't
be for a number of months. Because you are still in process of
negotiating with DCA at worst the DCA that concurrency which is
like the guts of this process should not come into effect till the
year fxiom4.Ahe date of adoption of the CoMp Plan. which only happen
until JanuaW we' are ' only six months past that time. EverybodiXas
acknowledgethat this time frame are 15 unrealistic I have been
through this ordinance I would tell I think it conflict s with your
existing ordinance in it makes hugh sweep, changes in my view as to
what is permitted in the current ;zone and what is proposed to be
permitted under this code I think there are major policy that
need to be made and I don't think itVsomething that you could
handle that in one workshop in one meeting
You sitting as the 'local planning agency are by state statue are
required to review the proposed land development regulations or
amendments d make recom�q� atiorfj to government body as to
consistency the proposal .he adopted comp. Plan. That is your
charge you qre supposed to go through and understand whether this
is consisth the Comp Plan . I think we all heard at the very
beginning tonight that you;just got the second edition in front
of you tonight you haven't seen it. I think it was only published
within the last 24 hours . I need to get that and see' what it says.
I don't know whether it has made major changes or minor changes I
think that you are being plac in a position that is - - - - -- I think
that you can't possibly make a recommendation to your City
Commission as to whether this is or is not consistent ;X with your
Comp Plan. Because I had a good deal of time and I can tell you
that it is in numerous respect .Aspsc- -'S-
I wil'1 show you some of them I would recommend to you that you
recommend to the City Commissi .kThat the City not race into
adopting a set of Land Develop regulations that would create
further appeals, challenges, administrative proceedinc6 and cost I
think this is a process that needs to happen with dwdeliberation.
Let me give a simple clear example under the permit use schedule
I am looking in first addition on page 39 I am looking in the
category of LO or Low- Intensity Office under the general heading
of retail wholesale trade. You would find if you start in that
category and run through the LO designation there is not a single
aQZ --ewe retail or wholesale trade operation that is mitted
either by right or special use permit in the propos &Wensity
office district. Or for that matter in Medium Intensity there are
no retail uses by special ,permit or otherwise. I would like to
read a portion of your adopted comp plan:.
The low- intensity office and medium- intensity office
categories are intended to permit new development and
redevelopment in South Miami commercial core areas. The low
and medium - intensity office categories can be implemented with
zoning regulations that restrict uses to office uses.
Commercial uses which serve office uses could also be
permitted Retail can be permitted ont he first - floor as
conditional. use. The height limitations stated for the low-
intensity office categories are intended to ensure that the
overall intensity of development will be substantially below
that which was permitted under the previous land use plan and
zoning ordinance.
This is a very clear statement I believe that there was an intent
to create regulations that would permit retail 'uses at least as a
conditional use or special use permit that has been totally ignored
there is no provisions for retail uses for those categories at all.
You can have a drugstore or a coffee shop you can have any retail
type use in an office in this town under this code. I suggest to
You that is not consistent with your comp plan.
Dramatically more important is the intensity of use that is being
suggested. Under the comp plan there were hundreds of hours of
discussion of the intensity of permitted use in the proposed high
intensity medium and low intensity office categories. It went back
and fourth this board had recommended that there be a six story
high intensity office category. As those discussion went forward
the general review of that well we had an existing zoning and
existing comp plan which permitted eight stories. So, ultimately
you ended up with a medium intensity office which permits only four
stories. But I would suggest to you and I know that is the case
that was intended to limit the intensity permitted in that district
by approx. 50 A of what had been permitted in the past.
If you look in proposed district regulations and FAR setbacks you
will find that the proposed Medium - intensity FAR limitation is
point .5 that means if you have a 10,000 sq. ft. lot you could
built 5,000 sq. ft. of office space. No more not 1 foot more that
can't been changed. I suggest to you that if you back into your
existing zoning code particular if you look in the planned
development section there is a table of FAR established for the
various zoning categories that exist in previous ordinances. You
find that -a CO is about .5 to .2 I don't have it in front so I
can't make direct reference to it. This ordinance is proposing to
cut permitted' intensity in Office and General Retail and in every
category by between in my view somewhere between 75 to 80% over
what was permitted under the existing ordinance. That is not
something you should do without serious discussion and
understanding the implications of what that means
Do you have any idea what is it to cut down the intensity on a
taxpayers views ? By cutting a development by more 75 % will do to
your tax base and in future development in this town.
Concurrency Management this draft ordinance suggest that pub is
facility in services shall include but not be limit{dto
transportation, recreation, po#kable water supply , base water
treatment, solid waste collection and drainage those are require
by state statue you have to set those. But it goes on and it states
Law Enforcement, Fire Protection and Schools there is no
requirement for concurrency management on those three services I
don't believe although I stand to be corrected that there is a
specific level of services established in your comp plan for that
I think would be a mistake for this City to reach out and pull
additional administrative requirement that you may not be able to
fund that you don't have procedure established for reviewing.
The DCA has moved forward to adopt as it is requiredto by statue
an administrative rule governing the production of land' development
regulations. And in the rule which is term 9J24. To ,give you an
idea and we take -about timing and the problem of it. DCA the birth
management act .passed in 1985 in that original legislation said
that the ,DCA had to adopt an administrative rule' governing land
development regulations! This rule which is know effective became
effective July 10 1989 , it took the DCA what almost '4 years to
development a rule to govern that which they knew about. With in
this rule going, forward, the City is not require to 'submit the land
development regulation to DCA automatically there is not
requirement for submittal and suggested if the Dept. has reason to
believe that the City' has not adopted the land Development'
Regulations as required that the Dept. should write 'a Certified
letter to the head of the local government requesting a copy ` of
those land development regulations and in responding to that
request from the DCA and this a rule adopted by DCA. It says if
the local government has not adopted the required land developmerit-
regulations it shall send a letter to the Chief of '',Bureau of Local
Planning in Tallahassee within thirty days of receipt of letter
from the Dept. indicating that regulations have not been adopted'
the letter shall state what actions the local government has taken
to develope them ,and adopt. Shall include a schedule approved by
formal, action local governing body for adoption of the regulations.
The schedule must provide for the adoption'the'requred regulations
within 120 days from the receipt from the dept. initial letter
requesting copies of the regulations unless the department agrees
ginning Board Zoning Meeting 7 -17 -8 (Verbatium draft)
K__1Y The Comp Plan controls it and we got a little too creative
t'-re. We'll fix it. It will match the Comp Plan. You're right, nc,
%-c-.:' re cirrect.
'c= dwell: Are you going to change these purposes to also include the
re= erences, by the way on the low in*'nsity and the medium intensity,
tc retail?
- Kelly:. Yes, absolutely.... Mr. Chairman, I would also like to make
clear here tonight... Jim and I will also be happy to accept comments
pa=ticuilarly like this that are kind of just clean up things, they don't
have to be in the public hearing. You can get us a note through Sonia or
th=ough her staff. We welcome comments because these are not substantive
things, these are valid comments that someone else sees from a different
perspective and we need to solve. We're happy to take those, we'll
just clean those up and get them back to you even if they don't come in
the- hearing. We need to work on your districts, statements of purpose.
You did a little too much creative` writing. WE need to get back closer to
the Comp Plan.
Cooper: We were just about at the Hospital District.
Duncan: Hospital District, quite frankly, is the same language that is
in your current code. Our question to staff was — you've got a
hospital district and you've got a planned unit development hospital
district, most communities need one or the other,I'm not sure.
Carter, can you answer that question?
McDowell: The hospital district was first and the planned development
came on the heels of it and Larkinyis not covered by the planned
development. So, you've got two_hospitals,one which is covered by it
and one which is not.
Du_ncan:And both of them very verbose and very controlling. So, we didn't
t=per, with it because we didn't want to bring down the wrath of South
Miami, For the future, you may want to look at using one or the other
because it takes a lot of space in your code and you're not using both.
And you do have two hospitals. We did not make any changes, and we're
probably not going to solve that tonight. We will make those match
the plan. In fact, we can just take it out of the plan and put it in
here. The official zoning ;map is standard language. The GU district
we deleted. District boundry, there was no change in that on how to
de = ermine them. There was no indications of any problems. Application
of district regulations the same. I indicated to you the new format'
for permitted use schedule. It was pointed out by staff that they
thought we could probably clfarify the - linkage better and in the new
edition, we have tried to do that in terms of the linkage with the
fa_ right columns, the special use conditions and the parking. We have
made actual reference to the section numbers so it is easier to follow.
Ac= ually, when we get the ordinace in final form, we can put the page
number which will make it even clearer.
? ? ? ?: ...on page 34 ....... compliance. It saysin no case will there be
more than one principal building in any one platted lot. I suggest
to you, in a commercial setting......
-- --
_:::can: It doesn't make a lot of sense and when I came over that,
_c_,owell: It's been violated 25,000 times in the City.
�-c3n: That's no reason to leave it in the code. We'll take a
::cck at it and see what it really meant to say. On the permitted
,.:se schedule, the main thing is that people need to look at the uses.
r=ankly, if anything, we have expanded the uses rather than restricte-
them. There are some restrictions however, that were in the interp-
retation of your Comp Plan.
Kelly: I also told them about SR, permitted vs. conditional.
Carter: At the end where it's got condition in parking, now it's
apparent that Tom and I both couldn't figure out what the condition,
condition was. it's the conditon of the special use.
Kelly That's what Jim just said. It neededsome language.
Duncan: It needed some linkage, which we have done in 'the new...
Carver: Parking we figured out, but the condition, we both...
Duncan:. They're both a Tittle weak. They are cleaner in the new one
and we'll make them even cleaner. Staff even suggested that we might
want to make a more elaborate definition at the bottom of the table.
It was pointed out in the planning and development that we had it
permitted in the SR even as a special use,- it's S all the way across now.
The Planned Unit Development, it's a special use anywhere that the
Commission may want to approve it. You've got the three options,
whether you want it to be residential mixed use or hospital.
McDowell: One other comment for the Board primarily. You've created
a process to define new and unlisted uses that requires it gAack
and forth between Building and Zoning and .....but there are no
time limits at all. I would suggest that it would be ,appropriate to
at least suggest some generalized time limits in which that process should
take place. You may not want to bind yourself completely but for someone
who comes in for an unlisted use, I promise you they would like to
have certainty as to whether it's going to take 90 days or 290 days
to determine whether they are permitted use.
Carver: I wanted to address that because I recall there was some
discussion at the Commission meeting about unlisted uses and I
forget what it was that came up but the bottom line on it was, well, we
don't have that use in our codes so it's not permitted. I'm addressing
whether or not we have a substantial change in the previous code by
allowing things ... in other words, instead of saying we don't allow
anything unless we state it to saying we allow anything if it is
similar.
Duncan: We're not saying that. It still has to go through the
sAial use process and...
Carver: There was something that came up..I' don't know what it was, a
tatoo parlor a dance hall, whatever it was ... it came before the
Commission and they said it is not in our code, you can't do it, it's
notpermitted. That's different from putting it in unlisted uses of
a similar nature. I want to know if we need to address that as
..�:_e than just putting that in because we don't know what someone
-._zht apply for. It was my understanding that it was the intention
the City to put in the code all permissable use and if it's not
in the code, then it's not a permissible use. At least this is the
way I think it's been.
.:-.can: Knowing the history of the City..interprets things very
literally, today, staff had a use that they asked about. It is not
an uncommon use but it is a rather recent use. I don't know what the
name of this one was but ... mailroom U.S.A.. you can go in and get
postage, etc. We don't have that in here It's not a shattering
thing. Ten years ago there were none of these around. But you have to
be able to allow that flexibility.
Carver: I understand what you are addressing but what I am saying is
that this may be a substantial difference from the attitude the City has
taken in the past and rather than just saying that we are trying to allow
for different businesses that we can't address today, we should be aware
of what we are doing. We may be changing substantially the way the
City does business because, it is my understanding that if it is not
in the code we don't permit it and that's it. We are not going to open
it up to things that are similar because we then get into a discussion
to give you a point, we had this school that was approved for the
gymnastics. We used the word "school" and everyone said that is not what -
we meant and they went to court, said we call it a school so its a
school so similar nature is going to be another wide 'open thing. Then
you'll have a court interpreting - what -the City intended.
Kelly: That is why we referred to the standard industrial classification
system on the previous page because that organizes things like that.
It does define Similar uses on -a ..the bokk is about this thick and
is published by "theFederal government, updated every three or four years.
It gives an objective criteria for ,making that decision. The reference
is on item C in the middle of page 35. That gives an organized way for
making those decisions. Those are genuinely similar uses and they are
widely used—by the Department of Labor, Department of the Census, the
Internal Revenue Service. They've thought of things we could
never think of.
Carver: The code number is 000 on this one There is no node number.
On the unlisted uses of _a similar nature.
Kelly: Go to the next page.
Carver: 35 I'm looking at.
Keely: Go over to 38.
Carver: Of the old one, the first edition.
Kelly: Yes. Look at all those numbers down the left. Everything
except pure residential uses have numbers
Carver: No, they don't. Unlisted uses of a similar nature don't.
Kelly: I see what you're saying. That's the problem.
can: You can't put a number there because you have to have a use
put- it. What happens is, if you look, the S's follow only what
look up and see is, for example is ... follow this .no, no,
_.. Zre can't be a number there.
Kelly: I think we should delete that line That's what he's
S _*zgesting. We've covered it over here.
L,.:-.can: You're saying that it is not even necessary.
Kelly: We don't need this line because we've covered the issue. I
M..issed what you were saying. We've-addressed the issue on pages 35 and
36. Having that line there is redundant and may irrply the City is
k__ling to do things it probably r� not.
Duncan: That would not be a_ problem because we have already stated
that you can do the unlisted use procedure.
Carver: There is a procedure, I understand that but....
Duncan: As a matter of fact, we kaxRxatxRxdyxskakm xkkzkxxxx put them on
matrix before we put it in the text. We can do that and it would 'nt
lose any of the intent. Do you agree, Sonia? You need the text to
allow you to have the procedure.
Cooper: Why do Dwellings and Parks and Playgrounds have 000 also?
Kelly: Because they are not rated in the SIC. The SIC is an occupational
classification.,.. non residential uses.
Duncan: Let me re- emphesize one thing that was mentioned earlier. I've
already said we are going to do it and I have my notes here ... Carter
brought up allowing certain limited` retail and service type uses
in the office buildings with certain conditions—that we are putting in
and we will offer certain special conditions such as it was mentioned firs -
floor, may 10% of the square footage of the building and certain types
of uses Also, they would be internally oriented so you don't have a
string of retail MacDonalds' around the base of an office building.
Carver: The unlisted use of a similar nature will be taken out of each
and every category?
Duncan: Out of the schedule but we'll leave it in the text..
Carver: I'm talking about the schedule.
Duncan: Yes, no problem.
Kelly: Once all these uses are laid out in this nice tabular form,
any time you see a little pea sitting out b� itself or you see a hole
in a whole batch of peasiA,'that's a kind of;gnomaly. That doesn't mean
it's wrong, but it is something you should look at._ When you are
looking back at this ordinance, look ..... when you see ,a logical pattern
like there's a big group of peas* all together, that probably makes some
sense. When that pattern is broken in any way is something you should
focus on and saY "is this really what we want ?" What we have done is try
to carry forward what you have now, we have reinterpreted it slightly,
expanded rather than contracted. There may be some wierd things in what
yo:z've got now that you don't want to perpetuate into the future
even though established uses would be grandfathered in.
Duncan: The only substantive things that- we ha: tried to address
are when we were aware or ourstaff made us aware of some historic prob eMs
t`:at you've had, the work "private school" for example. I could have tole
yc'�, you were going to have problems ith that because you don't put
t:_ words " private School" and survi-e. We have offered some different
language for that. Zoning ordinances don't regulate private or public
sc^ools. Schools need to have the definition of- secondary or element.
Or vocational. But yet, ;we've take:: the other type of "private schecls
you think of in terms of dance, music and that is a separate category
only allowed in non - residential districts. If this could have been in plac
you would not have that problem that the City went through.
Burns: ....... suggests that youn need a special use permit to provide
au- omobile parking structure can be intensity and medium intensity
office. Is it intended that you have to go to a public hearing in order
to build a parking structure.. 4 story office district. I suggest..
Kelly: Because it is tied to the office use. You can't have a free stand;
one
Duncan: If you will turn to page 47, in the code, there is wildly configur
language for RO.. -
McDowell: That was a special amendment to the code that permitted a
single office building that I know of xaxgnxxp on 62 Place to build
an accessory parking structure onto . .......to "serve the CO and it
had to be established as a principle use because it was a new use on
the R0. It was not allowed and the code was amended to create that.
Duncan: We talked about that at staff today.. What I would like to
suggest is that is a passe thing, it is not going to happen, it's
there, is that we delete this and make it a straight permitted use
and the other two, because it was never.intended that a parking
structure would be in the RO That's one of the devises that got
the RO out of hand.
Kelly: It's not really a permitted use- becuse noone wants `a free
standing parking garage....
Duncan, It is an accessory use.
Kelly: A solution would be to put A's and G's in the chart also.
A only as accessory and C indicating it's conditional with conditions
spelled out. our conditions column is based on the assumption that
the same conditions apply to the use in every zone. Some of them only have
conditions in certain zones. You can flag that with a C rather than
a P,-which means they don't need a special use permit-or anything, they
just have to flip back a couple of pages and see what the conditions are.
McDowell: This suggests that an accessory parking structure and a 4
story office building requires a public hearing.
Duncan: That is not the intent. That refers to the 13, if we get
rid of that, we can get rid of the special use. The flip side of that is
a straight commercial parking -structure not-related to a use.
Cooper: You are also talking about deleting a portionof what is on
page 47? I think it is not compatible with the intent of the .
r �. ° -sue, -- .'b,2Jv i- ,"�sr� y�€2�4 '`a` •t'
r..
Ccc_er: Where did you get the numbers for the parking?
Ke -- The numbers are arbitrary. The numbers are simply references
:c _he parking... ..which occL.rs beginning on page .those are
r.c= The numbers of spaces require, those are reference numbers...
Ccc -er: Those are social service agency and employment. I would
^_nk these would generate more traffic than an architectual service.
Duman: We tried to follow the spirit of your current code. It was
difficult because is is more generic. Things Tike impact and parking
requirements should have a bearing on it.
Duncan: I was not comfortable with how the current code has assigned
pa-rsing. I didn't try to make any major changes at this time but
this is something you should look at down the line. We took your
requirftents and applied to these uses. We were commissioned to do
the entire code in two months. To getinto a special parking study
IRBB *dxx would have taken longer than that alone.
F��