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Ord No 31-12-2147ORDINANCE NO. 31-12-2147 An Ordinance amending the official zoning map of the City of South Miami Land Development Code by changing the "NR" zoning use district of the Community Redevelopment Agency (CRA) owned property assemblage enumerated below and known as the Madison Square redevelopment site, and other properties in that same district and location from "NR" Neighborhood Retail and "RS -4" Small Lot Single - Family Residential zoning district, to "SR" Specialty Retail zoning district; to provide compatibility with the current mixed -use land -use designation of the site and allow for development of a mixed - use, including affordable housing project in the Community Redevelopment Area. WHEREAS, Application No. PB -12 -035 was submitted to the Planning and Zoning Department by the City's Community Redevelopment Agency; said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for the property assemblage known as Madison Square development, having the following Folio numbers: 09- 4025- 010 -0010; 09- 4025 -010 -0030; 09- 4025- 010 -0040; 09- 4025- 010 -0050; 09- 4025 -010- 0020; 09- 4025- 010 -0140; 09- 4025- 010 -0160; 09- 4025- 010 -0170; 09- 4025- 010 -0180; 09- 4025- 010 -0280; 09- 4025- 010 -0270; 09- 4025- 010 -0290; 09- 4025- 010 -0300; 09- 4025- 010 -0310; and 09- 4025- 010 -0320; generally located between SW 64th Street and SW 64th Terrace; and SW 59th Court and SW 60th Avenue from "NR" Neighborhood Retail and RS -4 Small Lot Single Family Residential Zoning Use District to "SR" Specialty Retail Zoning Use District; and WHEREAS, the purpose of the change of zoning is to provide compatibility with the Future Land Use Designation of Mixed Use Commercial Residential, and to permit development of a mixed use affordable housing project; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the requested zoning use district; and WHEREAS, on November 13, 2012, after Public Hearing regarding the proposed rezoning application, the Planning Board recommended approval by a vote of 5 ayes 1 nay; and WHEREAS, on November 13, 2012, after Public Hearing regarding the aforementioned application, the Planning Board made a second motion, recommending conditions be included in the development proposal that stipulated the two -story limit on buildings adjacent to single family residential zoning districts to comply with the City's Land Development Code, recommending approval by a vote of 5 ayes 1 nay; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board; and WHEREAS, it is also the desire of the City Commission to include with the amendment those additional properties within that "NR" zoning use district, which abut the Madison Square property assemblage and having the following folio numbers: 09- 4025- 010 -0150; 09- 4025 -010- 0190; 09- 4025- 010 -0191; 09- 4025 -010 -0420; 09- 4025- 010 -0430; 09- 4025- 010 -0440; and 09- 4025 -010- 0450. Ord. No. 31 -12 -2147 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the proposed change of the City's Official Zoning Map requested by Application No. PB -12 -035 to rezone property having the following Folio numbers: 09- 4025 -010- 0010; 09- 4025- 010 -0030; 09- 4025- 010 -0040; 09- 4025- 010 -0050; 09- 4025- 010 -0020; 09- 4025- 010 -0140; 09- 4025- 010 -0150; 09- 4025- 010 -0160; 09- 4025- 010 -0170; 09- 4025- 010 -0180; 09- 4025- 010 -0190; 09- 4025- 010 -0191; 09- 4025- 010 -0280; 09- 4025- 010 -0270; 09- 4025- 010 -0290; 09- 4025- 010 -0300; 09- 4025- 010 -0310; and 09- 4025- 010 -0320; 09- 4025- 010 -0420; 09- 4025- 010 -0430; 09- 4025- 010 -0440; and 09- 4025- 010 -0450; generally located between SW 64th Street and SW 64th Terrace; and SW 59th Court and SW 60th Avenue from "NR" Neighborhood Retail and RS -4 Small Lot Single Family Residential Zoning Use District to "SR" Specialty Retail Zoning Use District, is hereby approved Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. 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. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 18thday of December ATTEST: CITY C[ 1 .RK 1 st Reading - 12/4/12 2nd Reading- 12/18/12 APPROVED: .2012. P4i laXJ4A MAYOR ZACommission Items\2012 \12- 04- 12Nadison Square RezoningWadison Square Rezoning Ordinance NR—RS-4 to SR_2012_revised.doc Ord. No. 31 -12 -2147 READ AND AP ROVED AS TO FORM: COMMISSION VOTE: 5 -0 LANG , LEGALITY AN D Mayor Stoddard: Yea E' ION THE Vice Mayor Liebman: Yea ° Commissioner Newman: Yea r Commissioner Harris: Yea ` Commissioner Welsh: Yea CITY ATTORNEY ZACommission ltems\2012 \12- 04- 12\Madison Square Rezoning \Madison Square Rezoning Ordinance NR—RS-4 to SR_2012_revised.doc South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Kelly Barket, Jr., Acting City Manag From: Christopher Brimo, AICP -f�1� Planning Director 6 ! Date: December 18, 2012 SUBJECT: Revised Staff Report ITEM No. ?_ An Ordinance amending the official zoning map of the City of South Miami Land Development Code by changing the "NR" zoning use district of the Community Redevelopment Agency (CRA) owned property assemblage enumerated below and known as the Madison Square redevelopment site, and other properties in that same district and location from "NR" Neighborhood Retail and "RS4" Small Lot Single - Family Residential zoning district, to "SR" Specialty Retail zoning district; to provide compatibility with the current mixed -use land -use designation of the site and allow for development of a mixed -use, including affordable housing project in the Community Redevelopment Area. SUMMARY OF REQUEST (Revised) At the December 4, 2012 City Commission meeting the Madison Square rezoning request was approved unanimously on first reading. At that meeting following discussion on the item, the Commission directed staff to amend the ordinance to include the other properties in that district and location as a part of the rezoning, from the "NR" Neighborhood Retail, to the "SR" Specialty Retail zoning use district. The attached ordinance reflects that amendment. Original Report From December 4, 2012 The City of South Miami Community Redevelopment Agency Board, at its October 8, 2012, meeting received a report from the Agency Director proposing that the Planning and Zoning Department be requested to initiate the process of re- zoning the Madison Square development site from its current zoning use designation of "NR" Neighborhood Retail and "RS -4" Small Lot Single - Family Residential, to the "SR" Specialty Retail zoning designation. This zoning designation was originally designed specifically for the City Commission Mattison Square Rezoning Requesi December 18, 2012 Page 2 of 8 downtown shopping district and allows for a mix of residential, retail and office uses up to four stories in height, A change from the current zoning use district is necessary since residential development is not permitted in the current "NR" Neighborhood Retail district, except as a Planned Unit Development (PUD) .Section 20- 3 -30). However, the Madison Square property assemblage does not meet the minimum area requirements of 2 net acres required for a PUD. At the August 7, 2012 City Commission meeting, the Commission following a public hearing, approved Ordinance 10 -12 -2126 effectively converting the remaining Madison Square development properties to a unified Future Land Use designation of Mixed -Use Commercial Residential. It is important to note that the underlying density of the Mixed - Use Commercial Residential land use is 24 units per acre (upa). Based on the current size (approximately 1.44 acres) of the Madison Square property assemblage, it is estimated that the approximately 35 residential units could be developed. While the CRA does control additional property in the vicinity of the project area, this proposed amendment only relates to those properties listed in "Exhibit A" below. Existing Zonine "NR" Neighborhood Retail District: The purpose of this district is to permit convenience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner. This district is appropriate in areas designated "Neighborhood Retail Development" on the city's adopted Comprehensive Plan. Please note that one (1) lot in this assemblage (6443 SW 60 AVE) is also zoned RS -4 Small Lot Single- Family Residential. Proposed Zoning SR" Specialty Retail District: The purpose of this district is to maintain the basic specialty retail character of the Sunset Drive commercial area by encouraging comparison retail uses at the pedestrian- oriented grade level and office and residential uses on the upper floors of all buildings. This district is appropriate in areas designated "Mixed Use Commercial Residential" on the city's adopted Comprehensive Plan. City Commission Mcidison Square Rezoning Request December 18, 2012 Page 3 of 8 PLANNED UNIT DEVELOPMENT RESIDENTIAL USES SN I SECTION 20- 3.3(D) S S S S S S PERMITTED USE SCHEDULE PERMITTED BY RIGHT PERMITTED AS SPECIAL USE SPECIAL USE CONDITIONS (See Section 20 -3.4) PARKING REQUIREMENTS (See Section 20- 4.4(B)) No conditions were adopted 5 N-S P - 5 - COND = PARK X = USE TYPE 8 ZONING DISTRICT Boardinghouse R R R R R R R L R R L MINSGMT P P P P T T T T HPPC >P Dwelling, Single- Family P P P P 5 S S S S T T R M 0 0 0 R R R 0 0 0 0 0 0 17 I R O A 1 2 3 4 5 6 9 M 2 P P P A D D D D D 3 N R P P P P 1 4 P P P H D D D D D 17 2 D K P P P 8 P 17 1 Dwelling, Multi - Family P P S P P P P M M L P P 17 3 4 I5 4 I R PLANNED UNIT DEVELOPMENT RESIDENTIAL USES SN I S S III S S S S S S IS 5 N-S 5 Is S 8 Boardinghouse P P I P P P P P Dwelling, Single- Family P P P P P P P P P S 17 1 Dwelling, Tourist P P P P P P 3 Dwelling, Townhouse P P P P S P P P P P 17 2 Dwelling, Two-Family P P P S P 17 1 Dwelling, Multi - Family P P S P P P P I P 17 3 At the September 10, 2012 SMCRA meeting the CRA Board requested that the CRA staff research the necessary requirements to facilitate the required zoning amendment to move the Madison Square project forward. The CRA and the Planning and Zoning Department discussed two possible options that could facilitate the type of mixed use development that the CRA and community has been contemplating, that would also be compatible with the current land use designation of mixed use commercial- residential. Additionally, there has been general discussion of the possibility of applying the 2 -story Mixed Use Affordable Housing (MU -AH) category that was adopted in 2010 to these properties, and have the development request a variance to the building height to achieve 3 or 4 stories. This is not a course of action recommended by the Planning Department for the following reason. Generally, a variance is authorized if due to circumstances unique to the applicant's property itself and not shared by other property in the area, there exists an undue and unnecessary hardship created by the zoning regulations. The hardship cannot have been self- created; this is a requirement of the City's Land Development Code. In staffs opinion, the variance should not be used to correct improper zoning. City Commission Madison Square Rezoning Request December 18, 2012 Page d of 8 Option 1 - Re -zone the entire "NR" (Neighborhood Retail) to an existing City of South Miami zoning category titled "SR" (Specialty Retail), which would allow for development of an up -to four - story, mixed use, affordable housing redevelopment project; and Option 2 - Re -zone the entire district utilizing a newly proposed zoning district of Neighborhood Mixed Use (NMU), which would allow for development of an up -to three - story mixed -use, affordable housing redevelopment project. Please note that this proposed NMU district had a preliminary review by the Planning Board earlier this summer. Additionally, since the Madison Square project area abuts single family zoning districts on the North, West and South, any proposed zoning designation greater than 2- stories that is applied to this project must adhere to the requirements of Section 20- 3.5(D) below. This requirement was also restated in the motion for approval by the Planning Board. Section 20 -3.5 (D) 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 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 The application PB -12 -035 requesting the rezoning of the Madison Square property assemblage from "NR" and "RS -4" to "SR ", was reviewed by the Planning Board on November 13, 2012. In the presentation staff recommended to the Board that it would be preferable to rezone the Madison Square property assemblage, as well as the other non CRA properties within that "NR" zoning district (Exhibit A). However, following a public hearing the Board made a motion to recommend approval of the rezoning request for the Madison Square property assemblage only, by a vote of 5 yeas; 1 nay. The Board also made a second motion recommending that Section 20- 3.5(D) (above) be incorporated into any request for a development proposal. RECOMMENDATION Staff recommends the Commission approve the rezoning request for the fifteen Madison Square properties. In addition, staff also recommends that the Commission consider the possible rezoning of the seven remaining properties, which are not a part of the Madison Square assemblage. Cily Commission Madison Square Rezoning Itcquesl December 18, 2012 Page 5 of 8 EXHIBIT A Folio # Address Owner Land Use Existing Zoning SMCRA /Madison Mixed Use 09- 4025- 010 -0010 5978 SW 64 ST Square Commercial /Res NR SMCRA /Madison Mixed Use 09- 4025 -010 -0030 6415 SW 60 AVE Square SMCRA /Madison Commercial /Res NR Mixed Use 09- 4025 -010 -0040 6429 SW 60 AVE, Square Commercial /Res NR SMCRA /Madison Mixed Use 09- 4025 -010 -0050 6443 SW 60 AVE Square Commercial /Res RS -4 09- 4025 -010 -0020 SMCRA /Madison Mixed Use N/A N/A Square Commercial /Res NR 09- 4025 - 010 -0140 SMCRA /Madison Mixed Use Square Commercial /Res NR Richard & Carrie Mixed Use 09- 4025- 010 -0150 6412 SW 59 PL Robinson Commercial /Res NR SMCRA /Madison Mixed Use 09- 4025 - 010 -0160 6420 SW 59 PL Square Commercial /Res NR 09- 4025 -010 -0170 SMCRA /Madison Mixed Use N/A Square Commercial /Res Mixed Use NR SMCRA /Madison 09- 4025 -010 -0180 6442 SW 59 PL Square Commercial /Res NR St. Johns AME Mixed Use 09 -4025- 010 -0190 6450 SW 59 PL Church Commercial/Res NR_ Miami Dade Mixed Use 09- 4025- 010 -0191 N/A County SMCRA /Madison Commercial /Res NR Mixed Use 09- 4025 -010 -0280 6401 SW 59 PL Square Commercial /Res NR SMCRA /Madison Mixed Use 09- 4025 -010 -0270 5944 SW 64 ST Square Commercial /Res NR SMCRA /Madison Mixed Use 09- 4025 -010 -0290 6411 SW 59 PL Square Commercial /Res NR SMCRA /Madison Mixed Use 09 -4025- 010 -0300 6415 SW 59 PL Square Commercial /Res NR 09- 4025 -010 -0310 SMCRA/Madison Mixed Use N/A Square Commercial /Res NR SMCRA /Madison Mixed Use 09- 4025 -010 -0320 6443 SW 59 PL Square_ Commercial /Res NR _ 6442 SW 59 CT Mixed Use 09- 4025 -010 -0450 St. Johns AME Church Commercial /Res NR St. Johns AME Mixed Use 09- 4025 -010 -0440 6428 SW 59 CT Church Commercial/Res NR St. Johns AME Mixed Use 09- 4025 -010 -0430 6412 SW 59 CT Church Commercial /Res NR 09- 4025 -010 -0420 St. Johns AME Mixed Use N/A Church Commercial /Res L NR City Commission Madison Square Rezoning Request December 18, 2012 Page 6 of 8 Existing Conditions Madison Square Project Area (Shaded) its It t— lxi� SW 63RD lr�Ft R3 0 SW 64TH ST 71 NN lqln SW 64TH TER 0 -41 IF 4i;;w I aj 0 Sw 99TH ST City Commission Madison Square Rezoning Request December 18, 2012 Page 7 of 8 Future Land Use Map py fd SWJ61 fi ST X44 y *1 al 41 11 a a . r .F; ,.. ... -- i g $o 1 1 Community Redevelopment Area (CRA) ••••••• Urban Inflll and Redevelopment Area MAP LEGEND °�--�sm 10 1_j City Boundary CRA Boundary Single - Family Residential (I'wo-Slory) Duplex Residential (T\vo -Slory) Townhouse Residential ONVa -Slory) ■ Mulliple- Family Residential (Four-Story) Residential / Limited Com. District (TWo- Slory) Mixed -Use Commercial Residential (Four -Slap ) 1.17 D D (4 +4- Story) Commercial Rulail & Office (Two - Story) Residential OlFiec (1\,o- Story) Gducation.l(Four - Story) public and Insl ilul iunal (fuur- Story) ■ parks and Open Space 8466 .w HARDEE RD 1 HARDEE DR - HARDEE AD wrw..esatM41 +'•••••• ••••• r 6407 �(e g" syi 6772 044` s = 1B ® Q 5017 9106 ea?s Q I i1 Q !I 4i ai st aT's alt 64TH c+2r 60 Gut 0424 Gal 6420 0470.%] 5420 M2H6 TER QOY 0451 6101 SW 62ND TER 6430: 63 eta elm '� g (� �d R p ado _ % Sao d 9i 04706 6280 6701 6100 9p sea 6462 6200 6261 6501 In 0255 SW 63RD ST 6100 6R R 0t tli W61 1l71D '�$I 'fail '6711- SW63Fy1S 008 �;% B70g 6201 6200 �.- 8 2 0101 . n met 6 5 8 : S It L �p B � 6 �y �9 (� 1701 ( @ � 6320 in 0325 0354 OYt6 ^ E'37(I 0375 W30 0505 8100 ty SW 07RD i TER tl �0 j >< B I Q (p 0861 M 01 M A& I s ®' q I d 2340 031s 6340 6316 MAP LEGEND °�--�sm 10 1_j City Boundary CRA Boundary Single - Family Residential (I'wo-Slory) Duplex Residential (T\vo -Slory) Townhouse Residential ONVa -Slory) ■ Mulliple- Family Residential (Four-Story) Residential / Limited Com. District (TWo- Slory) Mixed -Use Commercial Residential (Four -Slap ) 1.17 D D (4 +4- Story) Commercial Rulail & Office (Two - Story) Residential OlFiec (1\,o- Story) Gducation.l(Four - Story) public and Insl ilul iunal (fuur- Story) ■ parks and Open Space 8466 .w HARDEE RD 1 HARDEE DR - HARDEE AD wrw..esatM41 +'•••••• ••••• &00 6407 �(e g" syi ae+ aoG G4g, G4m 0461 64m 0462 0411 -6410 ". +. Oslo 8411 6414 all 6450 0416 61 ++ y • Q B ow - �0 4115 alt 64TH c+2r 60 Gut 0424 Gal 6420 0470.%] 5420 6421 fir e1TA 61m T 0451 6101 ` 8451 04714 a71 6430" 01]1 am 4 6131 6430: 6431 004 6Y i4 a — 6117 r4 e4 g 1 846 F 6441 WO bar 6W F= 0441 0440 6Mt W0 ' "{ 8400 6501 + am .. .�.^^y.. yr am 0401 WA 6501 0611) "3'°� 01)02 on f01 ;°1 { 0611 0510 P^ 0111 6510 0510 5511 - s •I ----r— ti 6616 1146 a. I f1e 1 0511 0610 051" 0510 621 6620 152i 5620 so 'am , 0421 p2D 8521 0521 9571 two 6131 y}� _ 1R" —!111f �: )w�, � �O Iddr II, � 0514 41672 W �S0 i rat 0430 046041 4610 !31 8430 -01/11 05)0 6631 ... I, �$y t AV 0040 - r' • 0007 5176 0116 5641 X610 4141 Gat fog 6800 0001 °y gg SW GOTH. moo ST 0001 pp gg gg pp ** p �1 pp i f11 W 5406 5847 'N Ifl 11 11 1R ,'A 11 11 N Oslo 8821 SW 66TH TER 6620 % me ®' 6531 em - ®g 1 : Wont ST V00 � 1 6710 6717 � enl Wf e 6720 6731 0730 0 __ MAP LEGEND °�--�sm 10 1_j City Boundary CRA Boundary Single - Family Residential (I'wo-Slory) Duplex Residential (T\vo -Slory) Townhouse Residential ONVa -Slory) ■ Mulliple- Family Residential (Four-Story) Residential / Limited Com. District (TWo- Slory) Mixed -Use Commercial Residential (Four -Slap ) 1.17 D D (4 +4- Story) Commercial Rulail & Office (Two - Story) Residential OlFiec (1\,o- Story) Gducation.l(Four - Story) public and Insl ilul iunal (fuur- Story) ■ parks and Open Space 8466 Ctty Commission Madison Square Rezoning Request December 18, 2012 Page 8 of 8 Existing Zoning elo ai 0490 ��of 91 : WI1 aIo a - M i y w.�Xr .cS�� r !y r 6 f t - 3i X16 On N 6257 � l� y +�` 6261 Qb0 � 616, �t 6255 • 5Y'i B ST ®y k+ Ct a n1 !. f•'. d ilp0 I 6261 am � 6704 ■ .��ee R I u a Subject Area 1 632 "M. '� 6325 6x11 In LI I � .' s _ _ _ , wx) 6335 6330 6306 954 6515 6310 -5 • . IRr!(y,/ - HAADEIE OR -- ' . .. illitrfrlrirll a ■ r r * ' ' ; 6191 6100 6401 6450 6401 -MW 6401 6100 a �, 16111 6110 6111 61101 (art W9 6110 r 16 wsr. I ._ ' •�.� 116171 6130�A 6131.�w1 6121 6120 �n 614 �fi 6121 91A 6124 6620 _M7 If TE 6K1 �.wwb� - dI. 61b1 Q fl < tl {� d1N 6446 i -- 6W1 W30 9111 6416 6134 - -- .�r6ra ■.as1t 650146 s11t eu6� .5114 6u6�r 0 r 6 "yN"aB' 6111 aµ1 6W0 f 6501 6 M 61 �. 0r ° �� E601 ELW I'. 61J51 6501 65W r 11< �; 161i' a 6i16 °, a 654 t Will 4 } e, t 4510 95,1 6519 s fE 11 p PI : 6 U -�( - - 1 a 9!114 esm 6§1 5520 ft21 04 6611 6520 �Q asi 8524 6 1 9ts5 r b, TI`g �I1 401 Odt6 6531 fd30 6.U1 !S]0 „ €574 a 7, ¢ -, a f6 •, + f 6519 'REr.I >13 6601 ; 51F5 lSitl 56W 6516 66416'N6 1811 €bl0 r SW ®6111 9T .rr�■rw�■ 4601 I 66.9.I 664 PUD -M 66n � � fI 6617 r :i7'r"'R S fA m.�l� . �i 6621 lRl� * 1��[ 16'Mf�rsiwrr.■■rr.�' ■ wit a ■■■wr ■sy 's g w�l slat FIR , Y oral Ile * ■ eirrr.a.ril�lorr a ° 6r ► v + - 6714 0 �' ; *�i 6T01 UP �r ORD NO. 11.6E t:SS'' 6n1 Ili 673, Ft .: ;PR °� "Tb - L r J�f1 QeTH S%■ ■■■. rru ar ■ ■■ r6Mw�rr .■ r• • �r■ ■r■r ■■w wr■r .. , , L: \Commission Items\2012 \12 -04 -12 \1VIadison Square Rezoning\Madison Square Rezoning Request-CM report.doc U4 LEGEND FRS-2 -1 Estate Residential TODD Transit Oriented Development District Semi - Estate Residential TODD (MU -4) Mixed Use 4 RS -3 Low - Density Residential TODD (MU -5) Mixed Use 5 RS -d Single Family Residential TODD (LI-4) Light Industrial 4 RS-5 Single Family Residential TODD (PI) Public / Institutional RT-6 Townhouse Residential TODD (PR) Parks 8 Recreation RT -9 Two - Family /Townhouse H Hospital RM -18 Low - Density Multi - Family PI Public / Institutional RM -24 Medium Density Multl- Famlly PR Parks 8 Recreation RO Residential Office PUD Planned Unit Development LO Low - Intensity Offlce PUD -R Residential MO Medium-intensity Office PUD -M Mixed Use NR Neighborhood Retail PUD -H Hospital SR Specialty Retail HD -OV Hometown District Overlay GR General Retail CS -OV Community Service Overlay R Religious HP -OV Historic Preservation Over Ay rwnn,w6�u 1101nl u. Attachments: CRA Resolution 67 -12 -607 CRA Backup Documentation - October 8, 2012 Public Notice L: \Commission Items\2012 \12 -04 -12 \1VIadison Square Rezoning\Madison Square Rezoning Request-CM report.doc U4 RESOLUTION NO. CRA 67 -12 -607 A resolution relating to mixed -use affordable housing development; authorizing the Agency to submit a request for a zoning amendment to the South Miami Planning & Zoning Board to re -zone the Agency owned property assemblage referred to as the Madison Square redevelopment site from a current zoning designation of "NR" (Neighborhood Retail) to,the "SR" (Specialty Retail) to provide land -use compatibility with the current mixed -use land -use designation of the site and allow for development of a viable mixed -use affordable housing development project in the Community Redevelopment Area. WHEREAS, page 34 of the SMCRA adopted redevelopment plan directs the Agency to facilitate the required land -use amendments and zoning revisions required to implement a "feasible" mixed -use development referred to as Madison Square; and WHEREAS, on -going community input and recent consultant recommendations indicate that a development containing between three and four stories in height would potentially yield the most financially feasible affordable housing project; and WHEREAS, during the August 7, 2012 City Commission Meeting, the City Commission recently approved Ordinance No. 10 -12 -2126 effectively converting all Madison Square development properties into one unified Mixed -Use Development land -use category; WHEREAS, following this recent approval, the SMCRA Board was informed the next step in the process would involve approval of a compatible zoning district and that the current zoning designation for the site, "NR" (Neighborhood Retail) does not allow for residential development; and WHEREAS, during the September 10, 2012 SMCRA Meeting and in the interest of time, the Board requested that staff research the necessary requirements to facilitate the required zoning change; and WHEREAS, based on follow -up discussions with the City's Planning & Zoning Department, one viable re- zoning option would involve re- zoning the entire site from the existing "NR" (Neighborhood Retail) Zoning District to the currently available "SR" (Specialty Retail) Zoning District which would allow for development of an up -to four -story mixed -use, affordable housing redevelopment project; and WHEREAS, based on follow -up discussions with the City's Planning & Zoning Department, a second viable re- zoning option would involve re- zoning the entire site from the existing "NR" (Neighborhood Retail) Zoning District to a newly created zoning district to be prepared by the City's Planning and Zoning Department which Pagel of 3 CRA 67 -12 -607 would allow for development of an up -to three -story mixed -use, affordable housing redevelopment project; and WHEREAS, the Planning Department also at this time recommends that the SMCRA Board provide specific direction regarding a desired zoning district for the Madison Square Project; and WHEREAS, following a recommendation from the City's Planning and Zoning Board the requested zoning amendment shall be transmitted to the City Commission for final approval; WHEREAS, the SMCRA Board desires to implement the goals and objectives contained in the adopted community redevelopment plan including development of the Madison Square mixed -use, affordable housing redevelopment project and therefore requests submission of 6 zoning amendment for the site from existing Neighborhood Retail zoning category to Specialty Retail zoning category. NOW THEREFORE BE IT RESOLVED BY THE' COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The South Miami Community Redevelopment Agency Board authorizes the Agency to submit a request for a zoning amendment to the South Miami Planning & Zoning Board to re -zone the Agency owned property assemblage referred to as the Madison Square redevelopment site from a current zoning designation of "NR" (Neighborhood Retail) to "SR" (Specialty Retail) to provide land -use compatibility with the current mixed -use land -use designation of the site and allow for development of a viable mixed -use affordable housing development project in the Community Redevelopment Area. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 87H day of October, 2012, A EST: SECRETARY READ AND APPROVED AS TO FORM: APPROVED: II CHAIR ERSON Board Vote: 6 -0 Chair Stoddard: Yea Vice Chair Liebman: absent Member Newman: Yea Member Harris: Yea Member Welsh: Yea Page 2 of 3 %-A ft 67 Member Covington: Yea Member Price: Yea Page 3 of 3 To: Honorable Chaaii-r anrL- SMCRA i3a7rg Members From: Stephen David, SMCRA Directo W WYlu,�t� i1,1,1 i SR®■CRA W00011 ow AVthb"00d8Qft1 Pk00 M Lh t INNk and Phoyr Date: October 8, 2012 ITEM No. _ / AUTHORIZATION TO SUBMIT A REQUEST FOR ZONING CHANGE TO THE CITY OF SOUTH MIAMI PLANNING & ZONING BOARD TO FACILITATE CONSTRUCTION OF THE MADISON SQUARE DEVELOPMENT (Item Sponsored by Board Member Price) Resolution A resolution relating to mixed -use affordable housing development; authorizing the Agency to submit a request for a zoning amendment to the South Miami Planning & Zoning Board to re- zone an Agency owned property assemblage known as the Madison Square redevelopment site from a current zoning designation of "NR" (Neighborhood Retail) to the "SR" (Specialty Retail) zoning category to provide land -use compatibility with the current mixed -use land -use designation for the Madison Square site and allows for development of a viable mixed -use affordable housing development project In the Community Redevelopment Area, Background Page 34 of the SMCRA adopted redevelopment plan directs the Agency to facilitate the required land -use amendments and zoning revisions required to implement a "feasible" mixed -use development referred to as Madison Square. On -going community input (See Exhibit A) and recent consultant recommendations (See Exhibit B) indicate that a development containing between three and four stories in height would potentially yield the most financially feasible affordable housing development project. During the August 7, 2012 City Commission Meeting, the City Commission recently approved Ordinance No. 10 -12 -2126 effectively converting all Madison Square development properties into one unified Mixed -Use Development land -use category (See Exhibit C). Following this recent approval, the SMCRA Board was informed the next step in the process would involve approval of a compatible zoning district. It was also pointed out that the current zoning designation for the site, "NR" (Neighborhood Retail) does not allow for residential development. During the September 10, 2012 SMCRA Meeting and in the interest of time, the Board requested that staff research the necessary requirements to facilitate the required zoning change. Based on follow -up discussions with the City's Planning & Zoning Department, the following zoning options exist: • Option 1 - Re -zone the entire site to an existing City of South Miami zoning category entitled "SR" (Specialty Retail District) which would allow for development of an up -to four - story, mixed - use, affordable housing redevelopment project; and • Option 2 - Re -zone the entire site utilizing a newly created zoning district through the City's Planning Department which would allow for development of an up -to three -story mixed -use, affordable housing redevelopment project. The Planning Department also at this time recommends that the SMCRA Board provide specific direction regarding a desired zoning district for the Madison Square Project. Approval of the attached resolution by the SMCRA Board, will allow this Item to be transmitted to the South Miami Planning & Zoning Board for recommendation on the requested zoning amendment. Following this recommendation, this item would proceed to the City Commission for final approval. Staff understands final approval by the City Commission will require a five fifths vote. Following approval by the City Commission the entire redevelopment site could be advertised within a request for proposal process to illicit design proposals and construction of this cornerstone community redevelopment project. Recommendation Staff recommends approval of the attached resolution based on the request- of the Item sponsor, Board Member Price authorizing the Agency to submit a request for a zoning amendment to the South Miami Planning St Zoning Board to re -zone an Agency owned property assemblage known as the Madison Square redevelopment site from a current zoning designation of "NR" (Neighborhood Retail) to the "SR" (Specialty Retail) Zoning District to provide ' land -use compatibility with the current mixed -use land -use designation for the Madison Square property assemblage and allowing for development of a viable mixed -use affordable housing development project In the Community Redevelopment Area. Attachments: Recent City Commission Approval and Planning Analysis of Land -Use Amendment for Development of the Madison Square ProJect SD: %CRA %Authorization to Submit a Request for Zoning Change to the South Miami Planning & Zoning Board for the Development of Madison Square EXHIBIT A MADISON SQUARE COMMUNITY INPUT MADISON SQUARE COMMUNITY INPUT (Community Workshop Synopsis, June 14', 2012) b A '"V•.4 14 40 Y lool Waft our Nalghborhood a Grew ftco to 1JV4 Wbrk and Play/" SMCRA Madison Square Development Workshop Draft Meeting Synopsis (June 14, 2012) DRAFT Workshop Attendees: The following individuals were in attendance during the June 14, 2012 Madison Square development Workshop: Gladys Turner; Leon Jenkins; Mari Chael; Geral Williams; Daisy Harrell; James Dundorf; Gabriel Edmond; Rodney Williams, Anna Price; Martha Rothaus; Levy Kelly; Simon Codrington Jr; Tywanas Johnson; Vice Chair Josh Liebman; Walter Harris; and Board Member Bob Welsh and Board Member Deltravis Williams James McCants and Stephen David. Vice Chair Liebman opened the workshop by welcoming those in attendance and indicating that tonight's SMCRA Board requested workshop was a follow -up to a recently held workshop held to discuss the Madison Square redevelopment project. Vice Chair Liebman expressed his strong desire to facilitate construction this proposed mixed -use redevelopment project and indicated that he would consider supporting a potential four - story development. Vice Chair Liebman also went on to express the reality that a majority vote would ultimately be required from the City Commission in order to construct a four - story development. Vice Chair Liebman then introduced all SMCRA Board Members and staff in attendance. Staff then provided brief background concerning the proposed mixed -use redevelopment Project and discussed specific workshop hand -outs including: 1. The South Miami Community Redevelopment Plan (Formal Description Madison Square Project); 2. Madison Square Study Area Map and Historical Project Information; 3. Duany- Plater- Zyberk Proposed Development Scenarios (92 Unit Scenario and a Proposed 46 Unit Development Scenario). Staff additional discussed that based on CDBG project funding received through the South Miami Community Action Committee and Miami -Dade County, specific affordable housing guidelines are required to be included in final development. The floor was then opened to all workshop attendance for further comments and discussion. Levy Kelly opened the discussion by indicating that he as well as other community leaders were strongly In favor of a four -story development consisting of both affordable housing and economic development opportunities. Mr. Kelly further indicated that residents of the SMCRA Community have long supported and expressed their desire for a four -story mixed -use development at this location. Board Member Walter Harris expressed the importance of pending Planning Board and City Commission approvals required to continue to move the project forward. Workshop Attendee Rodney Williams expressed his concern that the City's Planning & Zoning Board had in the past not taken into account the views of the SMCRA Community during their review and recommendation process. Board Member Deltravis Williams also expressed his support of a four -story mixed -use, affordable housing development. Board Member Williams also expressed a concern that previous Input provided by the SMCRA Community had gone unheard. Board Member Welsh expressed the need to increase affordable commercial rental space In the final development. Board Member Welsh indicated that he would also be in support of a proposed land -use change of the existing, vacant Marshall Williamson development site to provide additional project density and total affordable housing unit count. Meeting attendee Gladys Turner expressed the fact that the SMCRA Community has long been in support of a minimum of a four -story development ever since the original establishment of South Miami Saint Johns Episcopal Church. An inquiry was then directed to the various City Commissioners in attendance regarding the maximum project height they would be willing to support. Board Member Harris indicated that he has always been in favor of a maximum three -story height development. Board Member Welsh indicated that a two -story development might be more compatible with the surrounding neighborhood if additional density could be achieved in other areas of the project site including within the historic Marshall Williamson site. Vice Chair Liebman reiterated that he would consider supporting a four -story maximum development and again indicated that a majority vote of the City Commission would ultimately be required. Workshop attendee Levi Kelly indicted that there were creative ways that could be used by the City of South Miami to allow this development to take place without setting a development precedent in the City of South Miami. One example provided was to develop the project as a Planned Unit Development or P.U.D. which development type allows the City Commission to provide approval on a case -by -case basis. Workshop Attendee Simon Codington Jr. then expressed the fact that historical context was extremely important especially in any' lengthy redevelopment process. Mr. Codington went on to discuss the importance and of the original Charrette Two process and the consensus gained at that time for developing at a minimum of four stories. Mr. Codington explained that this area of South Miami experienced a previous devastating loss to its commercial core and that that the originally conceived project involved an up -to eight -story development to compensate for previously lost economic development opportunities in the area. Mr. Codington also expressed the fact that affordable housing units in the Community Redevelopment Area were also previously lost and that an equal number of units were required to be replaced. Mr. Codington reiterated that his was an extremely important opportunity for the SMCRA and the City to develop the project to its best and highest use. A general discussion then ensued concerning the intent of the NRSA designation and the appointed role of the South Miami Community Action Agency in projects such as the Madison Square Development. Meeting attendee James Dundorff then explained the general role of the City's Planning & Zoning Board in the decision and recommendation process and expressed concern regarding the proposed height and density of the proposed project and relation surrounding neighborhood compatibility. Mr. Dundorff further expanded upon on his views of a successful project at this location Lncluding,.the fac that the amount of_ commercial entergrises desired by attendees 2006 MaOsan Square Plarrnrng Cha[ette would regu fe far more square footage than allotted for in the any of the architectural drawings submitted by the SMCRA hired consultant firm. Duaney- Platter- Zyberk. Vice Chair Liebman closed the meeting by thanking everyone for attending and reiterating his continued support for the project and also announced the next scheduled follow -up workshop date of Thursday, June 21, 2012 at 7:30 p.m. at the City of South Miami Gibson - Bethel Community Center. MADISON SQUARE COMMUNITY INPUT (Community Workshop Synopsis, June 21, 2012) rA U III'* RA 7461 Vaft ourNpi]Vhborhoad a Ore& Phce m Live, Wank and Pky" In_ SMCRA Madison Square Development Workshop Draft Workshop Synopsis Notes (June 21, 2012) Workshop Attendees; The following individuals were in attendance during the June 21, 2012 Madison Square develdpment Workshop: Daisey Harrell, 7�wana Williams, Brandy Scippo, Anna Price, Leon Jenkins, Simon Codrington Jr, Marice Chael, Joyce M. Price, Rodney Williams, Ryan Devereux, Josephine Anderson; SMCRA Board Members; Deltravis Williams, Walter Harris, Bob Welsh, Denise Covington; ,Staff. James McCants and Stephen David SMCRA Board Chair Stoddard opened the discussion by acknowledging that the proposed project has been under discussion for quite some time and during that time many views have been expressed. Chair Stoddard then inquired as to whether anyone in attendance had any new thoughts or ideas concerning the proposed project. SMCRA Board Member Harris briefly alluded to prior successes experienced during the 1994 Hometown 2 planning process and the relative turn -out received. To provide additional background information, staff handed -out the draft meeting synopsis from the previous workshop held on Thursday June. 14, 2012. Meeting attendee Daisy Harrell then pointed out the fact that existing members of the SMCRA Community have consistently expressed their desire to facilitate a four -story mixed -use development at the proposed location. Meeting attendee Anna Price then acknowledged the fact that there was indeed a large turn out during the 1994 charrette process but also expressed the fact that that charrette occurred many years ago and since that time the required consensus from the City of South Miami Commission has not been obtained to move forward and complete the project. Ms. Price then stated that the most probable reason for the recent low attendance is the fact that many residents now believe that their voice will not be heard. SMCRA Board Member Welsh then stated that once other key projects such as the pool are initiated, surrounding area residents may begin to gain confidence in the fact that consensus can be obtained and that additional projects will be developed. SMCRA Chair Stoddard then suggested a door -to -door survey of SMCRA Area residents to determine resident consensus. SMCRA Board Member Williams then expressed the fact that his elder relatives had attended the two Hometown Planning Charrettes and expressed the concern that the voices of the surrounding area residents should be heard and acted upon. Chair Stoddard then briefly discussed the current City Commission voting system needed to approve any required land -use and zoning changes and questioned whether anyone had any ideas on how to achieve the ultimate goal in light of current system realities. Chair Stoddard went on to explain that even if a proposed four -story design was presented to the City Commission that it wouldn't necessarily mean that the required votes would be there to approve the required land -use and zoning changes. Chair Stoddard also discussed the potential variances required to construct adjacent to residentially zoned properties. Meeting attendee Daisy Harrell then questioned why the City Commissioners were polled during the previous workshop and stated that the views of the affected residents should be the most important consideration. Historic undersized lots and inadequate zoning conditions in the SMCRA Area were also then discussed. Meeting attendee Daisy Harrell inquired about the specifics concerning current, opposition from the City Commission. Chair Stoddard explained that certain members of the Commission are concerned about creating potential negative development precedents In the City of South Miami. Meeting attendee Rodney Williams expressed his concerns regarding the fact that the Proposed Madison Square Project was being viewed as setting a precedent and indicated that the development concern was most likely along SW 62A Avenue. Meeting attendee Anna Price stated that the Madison Square Project would not establish a development precedent but that development precedents had already been established by other mixed -use projects in the SMCRA Area including the Valencia and the Red Road Commons mixed -use development projects. Meeting attendee Rodney Williams expressed his strong concern regarding comments previously expressed In opposition of 4 -story development during the June 14, 2012 workshop by workshop attendees who had not previously participated in numerous other community workshops, charrettes and meetings regarding the Madison Square Mixed -Use development. The need for a cultural arts component in the final development was then briefly discussed. SMCRA Board Member Welsh then discussed the idea of possibly obtaining additional project density in other areas of the site by increasing current land -uses or by purchasing additional properties. Meeting attendee Simon Codrington expressed the fact that historical context was extremely important to acknowledge especially during discussions of possible compromise. Mr. Codrington went on to explain that the proposed Madison Square redevelopment site was previously designated a T.O.D.D. land -use category and that the originally conceived project contained a proposed eight -story height designation. Mr. Codrington went on to explain that the existing area in the City of South Miami located behind the Wynn Dixie Supermarket also contained housing developments ranging between 4 and 8 stories. Mr. Codrington further explained that the proposed Madison Square development was a prime- opportunity for the SMCRA and City of South Miami to develop the site to its maximum affordable housing /economic development potential. Board Member Harris expressed the fact that obtaining sufficient parking on the proposed site was a potential problem. The discussion regarding future proposed shared parking arrangements with adjacent community establishments then briefly discussed. The discussion concerning the actual intent of the T.O.D.D. Land -Use District was then discussed. Meeting Attendee Marice Chael indicated that the proposed Madison Square redevelopment site was within the highly desirable 2.5 mile radius of the existing Metro - Rail station. Other creative planning techniques were then discussed including construction of the project as a Planned Unit Development (P.U.D) which enables the City Commission to approve projects on a case -by -case review and provide development bonuses in lieu of specific project amenities provided by the developer. The importance of the SMCRA Area being a designated Miami -Dade County Special District with specific special needs was also discussed including the possibility of crafting legal language to allow a more flexible development type in the City's CRA Area only. SMCRA Board Chair Stoddard ended the workshop by again acknowledging those in attendance and reiterated that he was highly interested in seeing a meaningful development take place on the site and stated he would continue to encourage and facilitate development of the project. EXHIBIT B MADISON SQUARE. CONSULTANT RECOMMENDATIONS MADISON SQUARE CONSULTANT RECOMMENDATIONS (LaRue Planning & Management, December 11, 2009) MADISON SQUARE MIXED USE DEVELOPMENT PROJECT LAND ASSEMBLY ANALYSIS Prepared For: City of South Miami Community Redevelopment Agency "lMi4i'g iru KagAbarAfed a final iMxC M lnC Y,NrA wMl�r December 11, 2009 Prepared By: J11lanning —. & Manageliielit ss:o+l ,, 1nc. ', 1975 Jackson Jlrc¢l, Sidle drhf .`f fare Myels, Amid, 239. 334 -1360 y Serving 'I local Governme.nls Since 1988 MADISON SQUARE MIXED USE DEVELOPMENT PROJECT LAND ASSEMBLY ANALYSIS Visdal renderings with building elevations for each density scenario as shown in Exhibit 11 are included on the following pages. Secondary Scenario 1 5 I MADISON SQUARE MIXED USE DEVELOPMENT PROJECT LAND ASSEMBLY ANALYSIS Secondary Scenario 2 6 P MADISON SQUARE MIXED USE DEVELOPMENT PROJECT LAND ASSEMBLY ANALYSIS Secondary Scenario 3 MADISON SQUARE- LOW DENSIT.YBEVELOPMEN "I _ • Three Regulatory Options were reviewed to accommodate the Development Scenarios: 1. Develop 1.92 acres under the proposed Neighborhood Center /Mixed Use, NC /MU (4 -Story) Comprehensive Plan and rezone to PUD -R. Amend the PUD -R regulations to accommodate parcels less than 2 acres in size. 2. Develop 1.92 acres under the Mixed Use /Commercial Residential Comprehensive Plan and amend the PUD -R regulations to allow projects under 2 acres in size. Rezone 1.92 acres to PUD -R. The Comprehensive Plan would need to be amended to redesignate the five Single Family Residential lots to Mixed Use /Commercial Residential. 3. Develop 1.92 acres under the Mixed Use /Commercial Residential Comprehensive Plan and create a new planned development or conventional 7 ° _�i y F 2001 "!✓laldrng our Neighborhood a Great PlacEt to Live, Mirk and slay" To: Honorable Chair and Date: January 11, 2010 SMCRA Boardm rs From: Stephen D: ids+ ., ITEM No._ SMCRA D�ircctor LAND USEANALYSIS OFSMCM OYi'NNED PROPERTIES During the November 23, 2009 Meeting, the Board reviewed a land -use analysis of SMCRA owned properties presented by LaRue Planning & Management..The presentation included a objective analysis of the most appropriate land -use use density and intensity required to implement the proposed Madison Square mixed -use development. Based on this professional analysis, the following three development scenarios were presented to the Board: I'll Recommendations Maximum Density Total Units Number of Bedrooms Scenario 1 .............. 41 Units Per Acre 78 Units 1 -Bed (35); 2 -Bed (39); Townhomes (4) Scenario 2 * ............ 34 Units Per Acre 65 Units I -Bed (35); 2 -Bed (26); Townhomes (4) Scenario 3............ 24 Units Per Acre 46 Units 1 -Bed (18); 2 -13ed (24); Townhomes (4) It should be noted that all recommendations are based on inclusion of recently purchased SMCRA properties yielding a total site area of 1.9 acres. Based on subsequent input from the Board, the consultant has now reworked his original recommendations to provide a greater dispersion of two and three bedroom units as well as an increase in overall unit size. As a result, the following the scenarios were developed: 2nd Recommendations Maximum Density Total Units Number of Bedrooms Scenario 1 .............. 32 Units Per Acre 61 Units 1 -Bed (21) 2 -Bed (18) 3 -Bed (18) Townhomes (4) Scenario 2 * ............ 26.5 Units Per Acre 51 Units 1 -Bed (21) 2 -Bed (14) 3 -Bed (12) Townhomes (4) Scenario 3............ 22 Units Per Acre 42 Units 1 -Bed (14) 2 -Bed (12) 3 -Bed (12) Townhomes (4) * Consultant Recommended Scenarios A copy of the final land use analysis report has been included in your agenda packet. _Rachments: Final land Analysis Repor9 (LaRue Planning 'z ivfarrageie�eeunA SDtMC'GRI)6'FiI'LANNTIIG \CIU \Land -Use Analysis of SNJC]L? Owned Prorrerties.rtee MADISON SQUARE CONSULTANT RECOMMENDATIONS (Duany- Plater - Zyberk, August 15, 2011) n o� 3:.o o� w � U C Z (D 4z w �w Q� LL .= E m ■5 O E U 06 N a) ca a. 0 4-0 W U U m rJ f� 0 U) 0 a A rl- a N LO cn 2 Yys rx 1 N 0 8 rn Ul T Y' 0 t 3 N 3 n n° m �a Q 0 m b Ul G 3 y r. m 0 r 7 rn Nq 7 L O H T� V N ad N 9 N Z m v v 3 a J U- 4) 0 9 Q 7 vi _ I— 0 U) 0 T N 0- O a: U) e M CY-0 0 m r W A Q D o � ( n v / Z O U) m y Q 3 y O N m R C O W, EXHIBIT C CITY COMMISSION APPROVED ORDINANCE No. 10 -12 -2126 (Madison Square Mixed -Use Land -Use Approval) 4'go r"► South Miam, ?r > hftd VI � M CITY OF SOUTH MIAMI .� OFFICE OF THE CITY MANAGER o,o INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor Stoddard and Members of the City Commission Via.- Hector Mirabile, Ph.D., City Manager From: Christopher Brimo, Al planning Director Date: July 24, 2012 ITEM Sublect 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. S��ARY OF�UESTOF��UEST 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 apart 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 i1NFORMATION 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 (DLO), 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 Wrap amendment. The review process for a Comprehensive Plan r ture 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 the following basic issues: 1) compatibility of the proposed use with surrounding user; 2) compatibility of the proposed density and height to the limits contained in the Plan-and to the immediate neighborhood; 3) impact of the proposed use on the City's public facilities; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan, 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 ()CA). 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 tlus 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 laud future land use map category. This category has not been applied to any specific propeities. The current future land use map designation for the original 13 Madison Square properties remains as "Mixed -Uso 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 rosldential lots making them consistent with the rest of the project land use of Mixed -Use Commercial Residential (Pour 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 ar6a ratio (FAR) maximums. Staff is reviewing these potential changes. PROPOSED FUTURE LAND USE MAP AMENDMENT Mixed -Use CommereiaIlResidendal (Four- .S'tory) The mixed -use commercial/residential land use category 1 r 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/residendal 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 (FAR) 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 RA.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 S QUAKE 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. ORDINANCE NO. 10 -12 -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# 09- 4025 -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 Cpmmunity 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 grants 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: sl CCU 1 Reading: 7/24/12 2nd Reading:8 / 7 / 12 APPROVED: A (� I AY R Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea. Commissioner Welsh: Yea CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting. Min tftes - -E cerpt Tuesday, November t"), 2012 City Commission Chambers 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 of professional consultants, and virtually all - legislative, quasi-judicial and administrative action. I. Call to Order Action: The meeting was called to order at 7:39 pm. II. The Pledge of Allegiance to the Flag Action: The Pledge of Allegiance was recited in unison. III. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mr. Cruz (Vice - Chairman), Mr. Dundorf, Dr. Philips, Mr. Fernandez and Dr. Hauri. Board Members absent: Mr. Vitalini. City staff present: Mr. Christopher B.rimo (Planning Director) and Mr. Marcus Lightfoot (Permit Facilitator). City staff absent: Ms. Tiffany Hood (Office Support). City Attorney. Mr. Thomas Pepe. IV. Administrative Matters There are no administrative matters at this time. V. Public Hearings 2. PB -12 -035 Applicant: City of South Miami CRA Location: Madison Square A request for a request for a zoning amendment to the City's land development code, to re -zone the Agency owned property assemblage referred to as the Madison Square redevelopment site from a current 7,: \PB \PB Minutes\2012 Minutes \November \PB Draft Regular Meeting Minutes - 11- 13 -12- Excerpt PB- 12- 035.dopilge 1 of 3 zoning designation of "NR" (Neighborhood Retail) and "RS -4" (Single - Family Residential) to the "SR" (Specialty Retail) to provide land -use compatibility with the current mixed -use land -use designation of the site and allow for development of a viable mixed -use affordable housing development project in the Community Redevelopment Area. Applicant: City of South Miami Mr. Dundorf read the item into the record. Mr. Brimo presented the item to the Board. NAME ADDRESS Mr. David Walker SUPPORT /OPPOSE He stated that this project came out of the Charrette in 1994 and has gone thru several zoning changes. He also stated that several businesses were operating in this area however due the City Commission at that time had a desire to sell this development to the University of Miami the project did not go forth. He then stated that this undertaking was designed to have various retail located on the first floor and two stories of true affordable housing. NAME ADDRESS SUPPORT /OPPOSE Levy Kelly He stated that he would like to see this project moved forward in his lifetime. He also stated that the community has lost several housing components in this area which makes this proposal advantageous. NAME ADDRESS SUPPORT /OPPOSE Deltravis Williams 6510 SW 58'" Place Support He stated that this project has been tabled too many times to count. He then stated 1 implore you Board members, we would like to see this happen in our lifetime. NAME ADDRESS Rodney Williams 6411 SW 64t" Ct SUPPORT /OPPOSE Support He stated that he is currently occupying a space within the Mobley building at 5825 SW 68" Street. He also stated that the CRA granted him his first opportunity of establishing his business within the CRA area. He then stated that the CRA Board granted the approval with the intent of a transition from the Mobley building to Madison Square. He stated that the CRA has provided a great program for the business owners located in the Mobley building however; he knows that once this transition takes place there may not be enough space allotted for the new businesses to go in. He then asked that the Board consider the rezoning and design of the project to allow for four stories in order to encompass the needs of the community. He also asked that the Board bring into consideration of the project remaining feasible for the tenants and the patrons of South Miami. NAME ADDRESS SUPPORT /OPPOSE Pastor Rodney James Z:\PB \PB Minutes \20121vlinutes \November \PB Draft Regular Meeting Minutes - 11- 13 -12- Excerpt PB- 12- 035,doNge 2 of 3 He stated that this not a new venture here in this area. He stated that there were viable businesses established in the community before and there very well can be again. He also stated that Madison Square project can help the entrepreneurs establish their businesses, generate revenue and also assist with the affordable housing in this community. NAME ADDRESS SUPPORT /OPPOSE Rev, Larry D. Jones He stated that this community has had several Charrettes and the residents want the Madison Square project. He also stated that this has been ongoing for over thirty years. He then stated that he requests that the Planning Board support them in this endeavor. The Chairman Closed the Public Hearing. Motion: Mr. Fernandez motioned for this item to be considered as a Planned Unit Development (PUD). This motion was then withdrawn by Mr. Fernandez. Motion: Mr. Cruz motioned to approve the item as requested. This motion was seconded by Dr. Hauri. Vote: Approved: 5 Opposed: 1 Dr. Whitman: Yes Dr. Philips: Yes Mr. Cruz: Yes Mr. Dundorf: No Mr. Fernandez: Yes Dr. Hauri: Yes Motion: Dr. Whitman motioned to recommend conditions that the CRA draft specifications within the RFP that the developer construct the development in such a way that it is tiered down to maintain no higher than two stories on portions of the project that are adjacent to the single family residences to comply with the Land Development Code. This motion was seconded by Mr. Cruz. Vote: Approved: 5 Opposed: 1 Dr. Whitman: Yes Dr. Philips: Yes Mr. Cruz: Yes Mr. Dundorf: No Mr. Fernandez: Yes Dr. Hauri: Yes VI. Future Meeting Dates: Tuesday, November 27, 2012 VIII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 10 :12 PM. L: \PB\PB Minutes \2012 Minutes \November\PB Draft Regular Meeting Minutes- 11- 13 -12- Excerpt PB- 12- 035.doNge 3 of 3 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 O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, 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 Miaml -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 12/19/2012 in the XXXX I Court, was published in said newspaper in the issues of 12/07/2012 Afflant further says that the said Miami Dally 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 aff!ant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing advert-Wommot for publication in the said newspa p9e „, Sworn to and subscribed before me this 07 zla of DI CME3 A.D. 2012 03FALi O.V. FERBEYRE personally known to me B, THOMAS .a Commission # DD 937532 Expires November 2, 2013 '+, , Bonftd TFru Troy Flln lnlo wa 800.W7010