Ord No 10-12-2126ORDINANCE NO. 1042 -2126
An Ordinance amending the Future Land Use Map of the South Miami
comprehensive Plan by changing the future land use map category from Single
Family Residential (Two Story) to Mixed Use Commercial Residential (Four Story)
for an area identified as 6443 SW 60 Ave. Folio# 094025- 010 - 0050; 6443 SW 59
Place Folio# 09- 4025- 010 -0320 in conjunction with the Madison Square
development project.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth and development; and
WHEREAS, The Planning and Zoning Department working with the Community
Redevelopment Agency (CRA) prepared a new Future Land Use Map Category which
could meet the needs of the Madison Square Project and the concerns expressed by
Commissioners and other residents; and
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on April
24, 2012 after public hearing, adopted a motion by a vote of 3 ayes and 3 nays, thereby
recommending that the above described Future Land Use Map amendment should be
denied; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT.
Section 1. The City Commission hereby rg ants a Future Land Use Map
Amendment changing the future land use map category from the Single Family
Residential (Two Story) to Mixed Use - Commercial Residential (Four Story) for two
properties identified as a part of the proposed Madison Square Development Project
more specifically legally described as 6443 SW 60th Avenue (Folio No. 09- 4025 -010-
0050); and 6443 SW 59th Place (Folio No. 09- 4025- 010 - 0320).
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this ordinance are hereby repealed.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 enactment
hereof.
Pg. 2 of Ord, no. 10 -12 -2126
PASSED AND ENACTED this 7thday of August , 2012
ATTEST:
1 __ Keacting: 7/ 2 4/ 12
2nd Reading:8 / 7 / 12
APPROVED:
Commission Vote:
RM Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
5 -0
Yea
Yea
Yea
Yea
Yea
South Miami
AII- America City
CITY OF SOUTH MIAMI 11111!
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM ZOO
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Christopher Brimo, AICP
Planning Director
Date: July 24, 2012
Subject
An Ordinance amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use map category of two parcels from Single - Family
Residential(Two Story) to Mixed Use Commercial /Residential (Four- Story) for an area
identified as Madison Square; the properties more specifically described as 6443 SW 60
Avenue; Folio # 09- 4025 - 010 -0050; and 6443 SW 59 PL; Folio # 09- 4025 -010 -0320.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Map (FLUM)
amendment being initiated by the City (Local Planning Agency) at the request of the
Community Redevelopment Agency (CRA). Thirteen properties within the Madison
Square development and under the ownership of the City of South Miami CRA, and are
currently designated as Mixed use Commercial /Residential (Four Story). The remaining
two parcels that are also a part of the development proposal are still designated as Single
Family Residential (Two Story). The land use amendment is necessary to proceed with
the development of this assemblage.
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION
A change in the Comprehensive Plan Future Land Use Map can be initiated by a property
owner, the Local Planning Agency and the City Commission. An amendment to the
City's Comprehensive Plan Document or the Future Land Use Map requires the adoption
of an ordinance by the City Commission after receiving a recommendation from the
City's Local Planning Agency (Planning Board). The amendment is then forwarded to
Department of Economic Opportunity (DEO), Division of Land Planning for review and
comment. DEO will request comments from State agencies and other local planning
agencies which will form the basis of an ORC Report (objections, recommendations, and
comments) which is forwarded to the City. The City will then take final action (second
reading /public hearing) on the proposed map amendment.
The review process for a Comprehensive
Plan Future Land
Use Map
amendment differs
from the process used to review zoning
district changes,
variances,
and site plans. A
future land use map amendment review is concerned with
compatibility of the proposed use with surrounding uses; 2)
density and height to the limits contained in the Plan and to
3) impact of the proposed use on the City's public facilit
compatible with and does it advance the City's objectives
Comprehensive Plan,
the following basic issues: 1)
compatibility of the proposed
the immediate neighborhood;
ies; and 4) is the amendment
and policies contained in the
LEGISLATIVE BACKGROUND
The final adoption of the Comprehensive Plan Evaluation and Appraisal Report Based
Text Amendments was first approved by the City in August 2007 and sent to the former
Florida Department of Community Affairs (DCA). The document adopted in 2007
contained the proposed Future Land Use Category entitled "Neighborhood Center /Mixed
Use District (Four Story)" which was to be used for the Madison Square project area. It
proposed that the development allowed could have 60 units per acre, four stories and a
2.0 floor area ratio. The Florida Department of Community Affairs "(DCA) in January
2008 did approve Evaluation and Appraisal Report Based Text Amendments with some
minor changes and advised the City that it must adopt the report by ordinance on final
second reading. -
The City Commission tried on several occasions in 2008 -2009 to formally adopt the
second reading ordinance for the amendments. The primary reason for the delay was a .
disagreement on the standards and applicability of the proposed Future Land Use
Category "Neighborhood Center/Mixed. Use District (Four Story)" to the Madison
Square project area. The City Commission in July 2009 removed the proposed future land
use category from its own Evaluation and Appraisal Report Based Text Amendments
(Ord. No. 13-09- 2005).
In 2010 the Commission then proceeded to adopt the entire report (Ord. No. 09- 10- 2034).
The Evaluation and Appraisal Report Based Text Amendments was found sufficient by
the Florida Department of Community Affairs in June, 2010,
On October 5, 2010 a "Mixed -Use Affordable Housing (Two Story)" category was
adopted by the City Commission. On October 19, 2010 the Commission reviewed and
adopted an ordinance applying this new map category to 13 parcels that are part of the
Madison Square Development Project (Ord. 43 -10- 2068). These items were transmitted
to the then Department of Community Affairs pursuant to Chapter 163, F.S. in November
2010 as a small scale amendment. On May 9, 2011 the City received a letter from the
state that the amendment package failed to qualify as a small scale amendment pursuant
to the requirements Chapter 163.3187(1)(c), F.S., and the City should rescind the
Ordinance and resubmit during the next large scale amendment cycle. It is important to
note that the Mixed Use Affordable Housing future land use category was never applied
to the Madison Square project.
In May 2011 the Local Planning Agency and the City Commission began reviewing a
subsequent land use category "Mixed -Use Commercial /Residential (Two Story) ". In
November 2011 the Commission adopted and transmitted this new land future land use
map category. This category has not been applied to any specific properties. The current
future land use map designation for the original 13 Madison Square properties remains as
"Mixed -Use Commercial /Residential (Four Story) ".
On April 24, 2012 the Planning Board acting in its capacity as the Local Planning
Agency held a public hearing (PB -12 -012) to discuss the proposal to change the land use
designation of the two remaining single family residential lots making them consistent
with the rest of the project land use of Mixed -Use Commercial Residential (Four Story).
The debate on map change centered around the ultimate development proposal for
Madison Square. The proposed map amendment for the two remaining parcels did not
receive a majority recommendation; with 3 ayes and 3 nays.
The Commission may recall there has been recent discussions at both the Planning Board
and Commission to amend the comprehensive plan text and map categories, to possibly
eliminate the reference to "stories" and replace them with density and floor area ratio
(FAR) maximums. Staff is reviewing these potential changes.
PROPOSED FUTURE LAND USE MAP AMENDMENT
Mixed -Use Commercial/Residential (Four - Story)
The mixed -use commercial /residential land use category is intended to provide for different levels
of retail uses, office uses, retail and office services, and residential dwelling units with an
emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted
heights and intensities shall be set forth in the Land Development Code. Regulations regarding
the permitted height, density and intensity in zoning districts for areas designated as mixed -use
commercial /residential shall provide incentives for transit- oriented development and mixed -use
development. Zoning regulations shall reinforce "no widenings" policy set forth in the
Transportation Element by encouraging use of MetroRail system. Pursuant to the
recommendation by the Department of Community Affairs to include a Floor Area Ratio (F.A.R)
in the Comprehensive Plan (as opposed to the provisions in the Land Development Code), the
City adopts a F.A.R. of 1.6 for this land use category which is the existing F.A.R. in the Land
Development Code for the corresponding zoning district. In addition, the City adopts a maximum
residential density of 24 dwelling units per acre. In order to ensure a mix of uses, the City
requires that a minimum of two of the above uses must be developed within this category. For
residential projects, at a minimum, at least one floor must allow retail. For retail projects, at a
minimum, at least one floor must contain residential or office. For office projects, at a minimum,
at least one floor must contain residential or retail.
SUMMARY OF THE MADISON SQUARE SITE
The Madison Square site consists of fifteen (15) parcels, including the two (2) proposed
FLUM amendments being presented for review, that were acquired by the Community
Redevelopment Agency between 2006 -2010. Currently, the project will be built on
approximately 1.44 acres (mol). The overall goal of the project is to provide a maximum
number of housing units in a mixed use complex with compatible retail and office uses.
Parcels
Comprehensive Plan
Land Development Code
Actual Uses
Existing Land Use
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Original 13 Matlison Sgmre Parcels
2 Parcels Proposed to be Amended
Compatibility of Use: The project area consists of an assemblage of 15 total lots in two
blocks, separated by SW 59th Place. The proposed development area is separated from
the properties to the north by SW 64 Street. The project abuts single family homes on the
southern extent of the western development block, and a small commercial use in the
north -east corner of that block. The project also abuts religious uses on the eastern block
of properties that have a land use designation of Single Family Residential. Both blocks
are also adjacent to other single family development and religious institutions, separated
by public rights -of -way.
Impact on Public Facilities: An important element of a future land use map amendment
is to assess the impact of the change on the public infrastructure serving the site. This
includes the impact (plus or minus) of the proposed change in land use for parks, potable
water, sewers, schools, roadways, and solid waste.
IMPACT ANALYSIS
Madison Square (Two Parcels - 6443 SW 60 Avenue and 6443 SW 59 PL)
11,375 square feet / 0.26 acres
Future Land Use Map (FLUM) change proposed
From: Single Family Residential (Two Story)
To: Mixed Use - Commercial Residential (Four Story)
Residential density
From: 7 dwelling units per acre (UPA)
To: 24 dwelling units per acre
Difference: 17 UPA
Levels of Service (LOS)
Recreation
Population per household established in 2010 Census as 2.75 persons per
household
0.26 acres x 24 du/ac x 2.75 people per dwelling unit = 17 people
Recreation LOS = 4 acre of land per 1,000 population
17 people will require an additional 0.068 acres of Recreation land
Based on the 2010 Census and 2011 Estimates of Population there is a deficiency
of 4.9 acres of recreation land if you discount the metropath.
Potable Water
17 additional people @ 155 gallons /capita/day = 2,635 gallons per day
increase
Sanitary Sewer /Septic Tank
County Sewer System or septic tank if County not available
(Pump station no. 177 capacity was increased in February 2012)
Solid Waste
17 additional people at 7 pounds of solid waste /capita/day = 119 pounds per day
increase
Storm Water Drainage
No net increase in runoff permitted
Difference: Both have the same impact.
Transportation
The entire City is within a Transportation Concurrency Exemption Area
Difference: Both have the same impact.
Public Schools
Miami -Dade schools facilities planning department calculates any proposed
increase in multifamily dwelling units for school concurrency compliance.
Compatible with Comprehensive Plan.
LAND USE ELEMENT
Objective 1.1 The City shall implement its Future Land Use Plan Map through
its land development regulations. Uses that are inconsistent with
community character as set forth on the Future Land Use Map
shall be eliminated.......
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adjacent uses . shall be the major
determinant.
HOUSING ELEMENT
Objective 1.1 The City shall support public and private efforts to provide at least
100 additional housing units, and aspire for the creation of 200
additional units, by 2015. Additionally, the City shall seek to
provide an adequate supply of housing units that are affordable to
households of all incomes, including the middle income sector, in
proportions that are reflective of housing demands and needs in
residential projects and communities.
Objective 1.3 The City and its Community Redevelopment Agency shall continue
to coordinate with public and private agencies to meet the
affordable housing needs of low and moderate income residents
through the implementation of specific programs, in accordance
with adopted plans.
FUTURE REZONING
The approval of the proposed Future Land Use Map amendment is a pre - requisite for the
proposed Madison Square development. In addition, a future zoning district change will
be required to facilitate the development project as proposed. The current zoning district
of "NR" Neighborhood Retail does not allow residential development except as a
Planned Unit Development - Residential (PUD -R). The current development proposal
that includes the two blocks of property along SW 64th Street, does not have the
minimum 2 -acres (net) required by the City's Land Development Code to proceed as a
PUD -R development. Existing residential development in the NR zoning district would
be considered nonconforming.
In October 2010 the City Commission approved a new companion zoning district
entitled Mixed -Use Affordable Housing "MU -AH" (Ord. 34 -10 -2059) at 2- stories and 24
units per acre, that was proposed to be applied to the Madison Square project. Similar to
the previously proposed land use amendment, this new zoning category was never
applied to these properties or the zoning map, however it is a part of the current land
development code Section 20- 3.5(F).
In the fall of 2011 the City Commission suggested that staff consider a three -story
transitional zoning district that potentially could be applied to developments such . as
Madison Square. The Planning Department working with the City's planning consultant,
developed a draft proposal for a new zoning district that was presented for preliminary
review to the Board for consideration. The proposed zoning district is titled
Neighborhood Mixed Use "NMU ". (Three - Story) and reflects the requirements of the
Mixed Use Commercial Residential (Four Story) future land use category. This proposed
zoning category also received a preliminary review by the CRA Board, with a favorable
response from those present. The proposed NMU zoning category is dependent on final
review by the Planning Board, and review and approval by the City Commission.
OPTIONS
A land use amendment is required to address the two remaining parcels needed to
implement the Madison Square project, as proposed. It is recommended that the proposed
Comprehensive Plan Future Land Use Map (FLUM) be amended from the Single Family
Residential category to Mixed Use- Commercial/Residential category for the properties
listed in the attached ordinance.
In order to facilitate the development of residential as a part of this project, FLUM
amendment will have to be followed by the adoption and application of an appropriate
zoning category to replace the current NR - Neighborhood Retail; i.e. the proposed NMU
- neighborhood mixed use (three story), the MU -AH - mixed use affordable housing
(two story), or the SR - specialty retail.
Attachments:
Draft Ordinance
Draft NMU Proposal
Ordinance 34 -10 -2059
Ordinance 43 -10 -2068
Ordinance 38 -11 -2111
Planning Board Minutes
Z: \Commission Items\2012 \7- 24- 12\Madison Sq FLUM-2 parcles \Comp Plan FLUM Amend Madison Sq_2 parcels CM Report 7-
24- 12.doc
CITY OF SOUTH MIAMI
To Honorable Chair chi
Planning Board Members
From: Christopher Brimo, AICP
Planning Direetor
. Date: April 24, 2012
Re: Proposed "New"
Neighborhood Mixed Use
District [NMU]
PB42 -07.3
Applicant: City of South Miami
Discussion of a proposed Neighborhood Mixed Use (NMU) three -story zoning designation to be
used as a transitional zone between single family residential and four -story zoning districts, to be
used in conjunction with the Madison Square development project.
SUMMARY OF REQUEST
At the request of the City Commission and the CRA Board, staff was asked to look at the
potential for establishing a three -story transitional zoning district that could act as a buffer
between two -story single family residential development and four -story uses, with the proviso
that the structure tapers to two- stories adjacent to single family residential.
BACKGROUND
The City is currently processing land use amendments for two (2) additional parcels in the
Madison Square Area with Mixed Use Commercial /Residential (Four -Story) land use in order to
match the land use of the remaining Area lands that are part of the Madison Square Development
Project.
If these land use amendments are approved, the Madison Square site will
be complete
from a land
use perspective with the Mixed
Use Commercial /Residential (Four Story)
designation
throughout.
The Madison Square Project has been proposed within the City's Community Redevelopment
Area (CRA) for many years, but for a myriad of reasons has not yet developed. A local urban
design firm was retained last year to evaluate various development scenarios and a series of
community workshops were held to obtain public feedback. The most recent was Workshop 44 in
August, 2011 where three (3) development scenarios were discussed. The scenarios ranged in
residential density from 46 to 92 dwelling units. All options had relatively modest amounts of
retail space.
The current
zoning of most of the
Madison Square parcels
is Neighborhood
Retail (NR).
Residential uses
in the NR district are
not permitted except
as
a Special Use under
the PUD -R
regulations. However PUD -R sites must be a minimum of two (2) net acres in size. The total size
of Madison Square is approximately 1.44 acres, and thus does meet the size requirement. As
noted above, the primary use in the workshop scenarios was residential. In addition, PUD -R
restricts the floor area of retail and service uses to no more than 10% of the total residential floor
area on the site, provided the project has at least 75 dwelling units. It is entirely possible that
Madison Square will have less than 75 units. Lastly, NR only allows 2 story buildings and the
workshop scenarios envisioned 3 story structures.
In order to address this zoning obstacle, the Planning Department working with the City's
planning consultant (Iler Planning), is proposing the adoption of a new zoning district entitled
"Neighborhood Mixed Use (NMU)." This new district would not only address the needs of
Madison Square but also other potential tracts city-wide near residential areas. The proposed
development parameters of this new district are provided below.
PROPOSED NEIGHBORHOOD MIXED USE (NMU ) DISTRICT
Purpose: The purpose of this district is to allow a tract of land to be developed with a mix of uses
under single ownership or unified control. Proposed NNW development must be compatible with
surrounding neighborhoods. This district is appropriate in areas designated mixed use
commercial /residential on the City's adopted.Comprehensive Plan.
Permitted Uses:
Residential, specialty retail, office and personal services.
Non- Residential Uses: Limited to no more than 25% of total floor area.
Maximum Density: 24 dwelling units per net acre.
Minimum Lot Size: One (1) net acre.
Minimum Lot Frontage: 150 feet.
Minimum Front Setback: 50 feet.
Minimum Side Setback: 30 feet.
Maximum Building Height: 3 stories, not exceeding 37.5 feet.
Maximum Impervious Coverage: 80 %.
Maximum Floor Area Ratio: 0.70.
Unity of Title: Required,
Location: Frontage on a half - section or section line roadway.
Properties Abutting Single - Family Zoning Districts.
(1) Notwithstanding the dimensional requirements of the zoning use district in which a property
is located, if that property is abutting (common border or separated by a right -of -way) to a single -
family zoning district the maximum height of any,new building or any vertical addition to an
PB 12 -013 Page 2
existing building on that property is limited to two stories, however, additional height may be
obtained via the special use permit process as set forth in Section 20 -5.8
(2) Properties or projects constructed under a city approved Planned Unit Development Site Plan
or projects subject to Development Agreements during the period that the Agreement is in effect,
shall not be subject to the provisions of this section. In no case shall a project be rebuilt which
exceeds the height, setback or density that was set forth in the Development Agreement or
applicable Planned Unit Development Site Plan.
(3) Properties presently existing and actually built on the effective date of this ordinance shall be
grandfathered in and exempted from the provisions of this section and allowed to be rebuilt to the
same height if they are destroyed by an act of God or other natural disaster.
SUMMARY
The City has a need for a mixed use district which will permit compatible, low- intensity
development near and within single family areas. Current code districts allowing mixed use
projects have many restrictions which are very difficult for most eligible sites meet. The key is to
ensure that any mixed use development proximate to neighborhoods is an asset which enables
greater convenience and opportunities for walking and biking to meet employment and personal
needs.
RECOMMENDATION
Staff recommends that the Planning Board approve the proposed NMU zoning district concept.
The Planning Department will then prepare the necessary Ordinance amendments for Board
review and recommendation, and City Commission review and approval.
Z:\PB\PB Agendas Staff Reports\2012 Agenda Staff Reports \4- 24 -12\P13 12- 013\NMU_3 Story_staff summary_4- 20- 12.doc
PB 12 -013 Page 3
ORDINANCE NO. 34-10-2059
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code Section 20 -11 entitled "Zoning Use
Districts and Purposes" and amending Section 20- 3.3(1)) entitled "Permitted Use
Schedule" and Section 20- 3.5(F) entitled "Dimensional Requirements Multi - Family
Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two story)
Zoning Use District and to describe the purpose of the district, set forth uses
permitted, and establish dimensional requirements, all for a zoning use district which
in the future could be applied to development. projects providing affordable Dousing
units and commercial uses; providing for severability, providing for ordinances in
conflict; and providing an effective date.
WHEREAS, the City's approved Evaluation and Appraisal Report adopted .by the
City Commission on January 5, 2006 via Ordinance No. 01 -06 -1869 and approved by the
- ` Florida Department of Community Affairs on May 19, 2006, recommends -that a Future
Land Use Map category and a new zoning use district be created in order to be used for the
Madison Square Development project which will incorporate both affordable housing and
commercial/retail uses
WHEREAS, the Planning and Zoning Department has prepared an amendment to
the Land Development Code which creates a cornpanion.zoning use district entitled "MU-
AH", Mixed Use - Affordable Housing (Two Story)" which would be used to implement
the Madison Square Development project; and
WHEREAS, the Planning Board at its August 31, 2010 meeting adopted a motion
by a vote of 7 ayes 0 nay recommending approval of the proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -3.1 entitled "Zoning Use Districts and Purposes" is
hereby amended to add the following:
(1) Section 20 -3.1 Zoning use districts and purposes"
(B) District Purpose Statements.
30) "MU -AH" Mixed Use - Affordable Housing (Two Stcirv): The nurnose of this
district is to permit mixed use projects which combine affordable housing with a
compatible mix of 'retail, office, business or professional services and
cultural/entertainment in a unified cohesively designed development. The residential
component of developments in this district is mandatory and shall be limited to
Ord. No, 34 -10 -2059
2
housing units which
service
the
low to moderate income se
mg ent of the affordable
housing group
as
defined by
. the U.S. Department of
Housing and Urban
Development. This
district is
appropriate in areas designated
as Mixed Use -
Affordable Housing
Two Stoz
on the City's Comprehensive
Plan.
Section 2. That Section 20- 3.3(D) entitled "Permitted Use Schedule" is hereby
amended as shown in the attached Exhibit "A" which shows the uses permitted in the new
MU-AH Zoning District.
Section 3. That Section 20- 3.5(F) entitled "Dimensional Requirements Multi -
Family Districts" is hereby amended as shown in attached Exhibit "B" which shows the
various dimensional standards including density, FAR, setbacks, etc. for the new MU -AH
Zoning District.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section S. 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 6. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 5th
ATTEST:
CITY CLERK _
1St Reading — 9/21/10
2nd Reading — 10/5/10
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
as �� g �
CITY ATTORNEY
day of October , 2010
APPROVEVJ)WD: tL,)
AY R
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer. Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
(New wording in bold and underlined; wording removed in strike�theougls)
X-kComm IleinA201019- 21- 10LDC Amend MU -AH Zone District Ord, doc
1
ORDINANCE NO. 43-10--2068
An Ordinance of the Mayor and City Commission of the City of South Miami
Florida, amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use map category from Mixed -Use Commercial
Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for an area
identified as a part of the proposed Madison Square Aevelop.ment Project generally
located at the southeast corner of SW 64th Street and SW 60th Avenue and the
southeast corner of SW 64th Street and SW 59th Place including properties more
specifically legally described in Section 1 of this ordinance; providing for
severability; providing for ordinances in conflict; and providing an effective date.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth and development; and
WHEREAS, The Planning and Zoning Department working with the Community
Redevelopment Agency (CRA) prepared a new Future Land Use Map Category which
could meet the needs of the Madison Square Project and the concerns expressed by
Commissioners and other residents; and
WHEREAS, the City Commission on October 5, 2010 adopted an ordinance
creating a Future Land Use Map category entitled Mixed Use - Affordable Housing (Two
Story) which can be applied over CRA properties which are part of the Madison Square
Development Project; and
WHEREAS, the Planning and Zoning Department at the request of the City
Commission and working with the CRA prepared a proposed amendment to the Future
Land Use Map which places the Mixed Use - Affordable Housing (Two Story) future land
use category on all properties which are part of the Madison Square Development
Project; and
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
October 4, 2010 after public hearing, adopted a motion by a vote of 4 ayes and 2 nays
recommending that the above described Future Land Use Map amendment should be
approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency and enact the aforesaid amendment.
Ord. No. 43 -10 -2066
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves a Future Land Use Map
Amendment changing the fixture land use map category from Mixed -Use Commercial
Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for all properties
identified as a part of the proposed Madison Square Development Project generally
located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast
corner of SW 64th Street and SW 59th Place more specifically legally described as:
FOLIO
ADDRESS
094025 -010 -0010
5978 SW 64 ST
094025- 010 -0030
6415 SW 60 AVE
09- 4025-010-0040
6429 SW 60 AVE
09- 4025 - 010 -0020
09- 4025 - 010 -0140
094025-010 -0160
6420 SW 59 PL
09- 4025 -010 -0170
09- 4025- 010 -0180
6442 SW 59 PL
09- 4025 -010 -0260
6401 SW 59 PL
094025-010-0270
5944 SW 64 ST
094025 -010 -0290
6411 SW 59 PL
09 -4025- 010 -0300
6415 SW 59 PL
09 -4025- 010 -0310
Section 2. A proposed Future Land Use Map Amendment to Mixed Use"
Affordable Housing (Two Story) is for the purpose of development of affordable housing
and thereby qualifies as a Small Scale Amendment pursuant to FL. Stat. 163.3187(1) (c).
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Sect ion 4. 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 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this 19 day of October , 2010
ATTEST: APPROVED:
ox..f�
CITY CLERK MAYOR
Ord. No. 43 -10 -2068
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1St Reading: 10/5/10
2nd Reading 10 / 1 9/10
READ AN PPROVED AS TO FORM COMMISSION VOTE:
AND U IENCY: r Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
CITY ATTORNEY Commissioner Beasley:
Commissioner Barris:
XAComm Items\20I0 \10 -5 -10 \Comp Plan PLUM Amend Madison Sq I Ord.doc
4 -1
Yea
Yea
Nay
Yea
Yea
ORM- NANCE NO. 38-11-2111'
An Ordinance amending the City of the South Miami Com prehensive PIan to adopt
a new future Land use map category titled "Mixed Use Commercial 1 Residential
(Two Story)."
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statues, directs local governments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth and development; and
WHEREAS, On April 12, 2011, the City Commission held an advertised
workshop that initiated various text amendments to the South Miami Comprehensive
Plan; and
WHEREAS, On May 24, 2011, the Local Planning Agency board voted
unanimously to defer LPA41 -018, Mixed Use Commercial / Residential (Two Story)
land use category to review the differences between the proposed amendment and
previous amendments.
WHEREAS, On June 21, 2011 the Local Planning Agency at its regular meeting
and after a public hearing, adopted a motion by -a vote of 5 yeas, 1 nay (Dundor!)
recommending approval of the proposed "Mixed Use Commercial / Residential (Two
Story) 'y amendment;.and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1.. The City Commission accepts the aforementioned recommendation of
the Local Planning Agency and hereby adopts the following amendment to the
Comprehensive Plan Future Land Use Element, hew land use map category titled
"Mixed Use Commercial / Residential (Two Story)"
Mixed -Use Commercial" /Residential ffwo- Story}
The mixed -use commercial / residential land use category is intended to provide for different
levels of retail uses, office uses retail and office services, and residential -dwelling units that is
characteristic of a mixed -use commercial / residential development. For development projects
and properties providing retail uses. at a minimum one floor must contain residential. For office
projects, at a minimum at least one floor must contaixr residential. For r; tail and office projects
at a minimum, at least one floor must contain residential. Properties pLay be with building heights
and _intensities cogpatible with surrounding districts. Building heights. shall in no case exceed
two stories in heiaht.
Ord. No. 38 -11 -2111
2
Permitted heights densities and intensities shall be set forth as part of a corresponding_ use
district in the Land Development Code subiect to the £ollowingmaximum levels o£development:
maximum building height of two stories.
Section 2: Effective Date.. TWs er- d,:,., .ee shall 17,,,.e e _,,.re etiv,. at th
°"r�ziuizvz - The effective date of this plan aramdirient, if the
amendment is not ti=lt' challenged shall be 31, days after the state land planning agency notifies
the local government that the plan amendment package is complete. If timely challenged, this
amendment shall become effective on the date the state land Qlanning aggr qt' or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance No development orders development permits or land uses dependent on this
amendment may be issued or commence before ' it has_ become effective, If a final order of
oncom Hance is issued b the Administration Commission this amendment ma nevertheless
be made effective by adoption of a resolution. affirming its effective status, a copy of which
resolution shall be sent to the state land planning agency.
PASSED AND ADOPTED this 15 day of November , 2011
ATTEST: APPROVED:
vA A A vYFJA�4T.
1st Reading: 7/19/1
r� L
CoMMI*ssion Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Connnissioner Harris:
4 -0
Yea
Yea
absent.
Yea
Yea
City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection ofprofessional consultants, and
virtually all - legislative, quasi judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mrs. Beckman, Mr. Cruz (Vice- Chairman), Mr. Dundorf,
Dr. Philips and Mr. Vitalini
Board Member absent: Dr. Hauri
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Hood (Office Support).
City staff absent: None.
City Attorney: Mr. Thomas Pepe,
III. Administrative Matters
There are none at this time.
IV. Public Hearings
PB42 -012 - Applicant: City of South Miami
Location: 6443 SW 60 AVENUE - FOLIO # 09- 4025- 010 -0050; 6443 SW 59 PLACE - FOLIO # 09-
4025- 010 -0320
An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by
changing the future land use map category from Single Family Residential (Two Story) to Mixed
Use Commercial Residential (Four Story) for an area identified as 6443 SW 60 Ave. Folio# 09 -4025-
010 -0050; 6443 SW 59 Place Folio# 09- 4025 -010 -0320 in conjunction with the Madison Square
development project.
Dr. Whitman read the item into the record.
Mr. Brimo presented the item to the Board.
Mr. Cruz asked Mr. Brimo if this project has been designed already. Mr. Cruz stated that this
project has been around for over ten years and nothing has been done, he has been on the Board
about three years and this project has come before the Board about five times and still nothing
has been done. Mr. Brimo responded no, this proposal has not been designed as of yet, although
there have been build out design concepts that have been presented in previous years.
Mr. Dundorf asked Mr. Brimo about the
Mr. Brimo responded no, that according
However, the zoning regulations prohibit
asked Mr. Brimo about the "shark fin" shy
what other options are there. Mr. Brimo
with the property owners.
Land Use of these properties going up to four stories.
to the Land Use Map it has a four story designation.
it from going to a four story designation. Mr. Dundorf
sped property what are the strategies for dealing with it,
responded that the CRA Board is still in negotiations
The Chairman opened the Public Hearing.
NAME
Levy Kelly
ADDRESS
6250 SW 60 Avenue
SUPPORT /OPPOSE
Support
Mr. Kelly stated that he is in favor of this proposal which has been an ongoing process for over
ten years. He also stated that there was a CAA meeting where it was discussed. There was an
option from a four (4) story to a two (2) story and 1 am hearing tonight that there is a possible
three (3) story.
NAME
Deltravis Williams
ADDRESS
6510 SW 58`" Pl.
SUPPORT /OPPOSE
Support
He stated that he is also in favor of all three of the proposals presented tonight, as a resident, as a
CRA Board member. He stated that he hopes that the Board will consider the items for review
and approve them.
NAME ADDRESS SUPPORT /OPPOSE
Elder Bernice Armstrong Ellis 6440 SW 57`" Ct, Oppose
She stated that there was a meeting held and it was agreed upon to move a four story to a three
story but not a two story.
NAME
Sharon McCain
ADDRESS
SUPPORT /OPPOSE
Opposed
She asked Mr. Brimo about the proposed item if it applies to all residential development. Mr.
Brimo responded that this amendment is to these specific properties. She then asked is this
considered spot zoning. Mr. Brimo responded no, that mixed use commercial residential zoning
district has a standard of twenty -four (24) units an acre. She then stated that there is no design
that has been approved for Madison Square Development and this project keeps on being
delayed and nothing is done in succession.
NAME ADDRESS SUPPORT /OPPOSE
Denise Covington 6090 SW 63rd St. Support
She stated that she would like to see some shops and some enhancements to meet today's era.
She also stated that she would like to see some affordable housing within the City of South
Miami. She then stated that there is the concern of over development.
NAME
James McCants
ADDRESS SUPPORT /OPPOSE
6310 SW 63 Terr Support
He stated that he is a resident and also City of South Miami CRA staff. He also stated that the
residents would like to see the Madison Square project move along. He then stated that the
residents would like to have businesses and stores established. He stated that the vision for the
community is to have a development where the residents can walk, live, work and play. He then
stated that they would like to have this recommendation approved by the Board.
The Chairman Closed the Public Hearing.
Mr. Dundorf stated that he is a resident and a member of the South Miami Neighbor's
Association and voiced his concerns regarding this project and the proposed height. Mr. Brimo
stated that in regards to the four story development that it takes a 5 -0 vote by the City
Commission,
Mrs. Beckman stated that the CRA is not designed for zoning and she would like legal opinion.
Mr. Pepe responded that the CRA Board has the power to apply to zone and rezone.
Mr. Henry Iler stated that he has been working alongside Mr. Christopher Brimo as a Planning
Consultant to the City of South Miami.
Motion: Mr. Cruz motioned to approve the proposed item. This motion was seconded by Dr.
Philips.
Vote: Approved: 3 Opposed: 3
Mrs. Beckman: No
Mr.
Whitman: No
Mr.
Dundorf: No
Mr.
Vitalini: Yes
Dr.
Philips: Yes
Mr.
Cruz: Yes
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - AUGUST 7, 2012
in the XXXX Court,
was published in said newspaper in the issues of
07/27/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate „�on or refund for the purpose
of securing. vertisement fk publication in the said
to and subscribed before me this
27 day of JULY , A.D. 2012
(SEAL) /
MARIA MESA personally known to me
gpV9 Pu
Notary Public State of Florida
Cheryl H Marmer
My Commission EE 189528
d or s-o Expires 07/18/2016