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Ord No 06-11-2079ORDINANCE NO. 06-11-2079 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "RS -3" Low - Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09 -4036- 039 -0020 and Folio No. 09- 4036 - 039 - 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, the City of South Miami in 2003 and 2005 purchased the property at 7800 SW 59 Avenue for the purpose of preserving the natural habitat; and WHEREAS, in 2010 it was determined by the Local Planning Agency that the Comprehensive Plan Future Land Use Map (FLUM) category for the property located at 7800 SW 59th Avenue required a change from the Single - Family Residential (Two Story) category to the Parks and Open Space future land use category; and WHEREAS, in order to show the correct future land use map a FLUM amendment was initiated by the Local Planning Agency and was adopted by the City Commission on October 19, 2010 via Ordinance No. 39 -10 -2064; and WHEREAS, the FLUM amendment was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated November 9, 2010; and WHEREAS, the assignment of a new future land use category required that the property's current zoning district of "RS -3" Low - Density Residential Zoning Use District to be changed to "PR" Parks and Recreation Zoning Use District; and WHEREAS, the Planning Board at its meeting on November 30, 2010 conducted a public hearing and adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed rezoning; and. WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Official Zoning Map of the City of South Miami is hereby amended by changing the current zoning use district of "RS -3" Low - Density Residential to the "PR" Parks and Recreation Zoning Use District for property located at 7800 SW 59th Avenue (Folio No. 09- 4036- 039 -0020 and Folio No. 09- 4036 - 039 - 0025). 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. Ord. No, 06 -11 -2079 2 Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1 st ATTEST: t E 2�y CLERK 1St Reading - 1/18/11 2nd Reading - 2 /1 /11 READ AND APPROVED AS TO FORM AND SUFMIENCY: lewd KIWA day of February, 2011 APPR VED: P vf M114 MAYOIk COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea X: \Comm Items \2011\1- 18- 11 \LDC Amend Rezone Van Smith Park Ord.doc South Miami dC•AmerlcaCiry 1 to CITY OF SOUTH MIAMI • INCORf 192, P OFFICE OF THE CITY MANAGER t°itx� • INTER — OFFICE MEMORANDUM zoos To: Via: From: Date: The Honorable Mayor Stoddard and Members of the City Commission Hector Mirabile, Pb.D., City Manager Thomas Jr. Vageline, Director Planning and Zoning Department J January 18, 2011 ITEM No. Subject; An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "RS -3" Low - Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09- 4036 -039 -0020 and Folio No. 09 -4036- 039 - 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF REOUE.ST The subject application would amend the zoning use district on the property. The subject property's current zoning "RS -3" Low - Density Residential Zoning Use District must be changed to the "PR" Parks and Recreation Zoning Use District. The action is being initiated by the City as a follow up to a change in the Future Land Use Map (FLUM) Category for the same property. The FLUM amendment was a technical correction needed to show the correct future land use map category for the property. The FLUM change was adopted on October 19, 2010 via Ordinance No. 39 -10- 2064 and was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated November 9, 2010: The property will become a neighborhood park with limited recreational activities. RECENT HISTORY OF THE SITE The City purchased the east one third of the property at 7800 SW 59 Avenue in 2003 for the purpose of preserving the natural habitat. The purchase was expanded in 2005 to include the remaining two thirds of the property which includes a single - family home. The surviving Van Smith brother will be allowed to live in the home for the remainder of his life, at which time that section of the site will be subject to the City making it a public park. PROPOSED REZONING REVIEW The subject proposed amendment for 7800 SW 59 Avenue (Van Smith Park) will be from "RS -3" Low - Density Residential Zoning Use District to the "PR' Parks and Recreation Zoning Use District. The appropriate zoning use district should be in place before improvements to the park are started. Q TV APJAT.VRIR Parcels Comprehensive Plan Existing Land Use Cate go ry Land Development Code Existing Zoning District Actual Use North Single Family Residential RS -3 Single family homes East Single Family Residential RS -3 Single family homes South Single Famialy Residential RS -3 Single family homes West Single Family Residential RS -3 Single family homes Compatible with Comprehensive Plan. A proposed rezoning should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: LAND USE ELEMENT Goal I To maintain and improve the City's neighborhoods, and the quality of life of existing and future residents. Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. RECREATION AND OPEN SPACE ELEMENT Goal 1 To ensure the availability of adequate park facilities and open space for citizens of South Miami. STAFF OBSERVATIONS The current zoning district of "RS -3" Low- Density Residential Zoning Use District will need to be changed to the "PR" Parks and Recreation Zoning Use District. 1. The property is surrounded by single - family zoning. The creation of a neighborhood park serving local area residents is a compatible land use. 2. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan. 3. The amendment is needed in order to accurately reflect the location of City parks on the Official Zoning Map and to maintain and protect the City's inventory of recreation and open space. 4. The zoning district change will formally recognize the City's efforts and citizen participation in assuring the protection of green open space and the creation of a neighborhood park. 2 PLANNING BOARD ACTION: The Planning Board at its meeting on November 30, 2010 conducted a public hearing and adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed rezoning. RECOMMENDATION It is recommended that the proposed zoning use district change from "RS -3" Low - Density Residential . Zoning Use District to "PR" Parks and Recreation Zoning Use District for 7800 SW 59 Avenue (Van Smith Park) be approved on fast reading. Attachments: Draft ordinance Location map Ordinance No. 39 -10 -2064 DCA Letter dated November 9, 2010 Planning and Zoning Department Staff Report 11 -30 -10 Planning Board Meeting Excerpt 11.30 -10 TNfSAY X: \Comm Items\2011\1.18- 11\LDC Amend Rezone Van Smith Park CM Report.doo � ^y0 6�Q4 7540 7535 v 7575 6101 City of South Miami PB -10 -040 Zoning Use District Change RS -3 Low- Density Residential to PR Parks and Recreation 7800 SW 59 Avenue Van Smith Park Feet 0 100 200 300 600 900 1,200 5950 5900 5875 5839 5801 7410• 7424 SW 74TH TER 7440 c. 'p' I- 5880 5838 CL ti v g ? 3 n 7500 7515 7520 5991 6150 7 7606° � W v �°v o o 7 y 7 7601 7 7600 7615 7 7616 7 7620 7621 N 7620 7 7621 7 7633 7 7630 W v 7 7630 y 7631 7 7628 7640 w 7641 7 7640 h 7641 7 7634 7761" 7700 G 7701 7 7700 7 7701 7710 N 7711 7 7710 !75 40 7524 u 'a umj N tbh » » T Fo' u 7601 7600 7621 7637 7620 7630 = 7640 n 7710 7710 7720 7741 7740 RRI 5991 5961 avv roan ai w 6001 rn tT M � � N 0 0 5940 7900 � � N 5989 5957 5929 5907 SW 80TH ST DAVIS RD O m b b Yl SO t0 N N JW 23'IJI JI ut ^ M 605 » tT l4 T tMm N I] M 1(J N e^b + O p Q m » » » » SW 82ND ST 8201 1 6100 82D0� 8201 5990 5989 5960 1 5940 1691615908 1 5900 7515 7504 7541 7532 m � m 7563 "' 1° "' "' 7548 SW 6 07631 5862 7610 5864 7620 7630 7640 W h tMO Ua tb^l N 5661 n Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 7710 7720 7741 7740 RRI 5991 5961 avv roan ai w 6001 rn tT M � � N 0 0 5940 7900 � � N 5989 5957 5929 5907 SW 80TH ST DAVIS RD O m b b Yl SO t0 N N JW 23'IJI JI ut ^ M 605 » tT l4 T tMm N I] M 1(J N e^b + O p Q m » » » » SW 82ND ST 8201 1 6100 82D0� 8201 5990 5989 5960 1 5940 1691615908 1 5900 7515 7504 7541 7532 m � m 7563 "' 1° "' "' 7548 SW 6 07631 5862 7610 5864 7620 7630 7640 W h tMO Ua tb^l N 5661 n Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 avv roan ai w 6001 rn tT M � � N 0 0 5940 7900 � � N 5989 5957 5929 5907 SW 80TH ST DAVIS RD O m b b Yl SO t0 N N JW 23'IJI JI ut ^ M 605 » tT l4 T tMm N I] M 1(J N e^b + O p Q m » » » » SW 82ND ST 8201 1 6100 82D0� 8201 5990 5989 5960 1 5940 1691615908 1 5900 7515 7504 7541 7532 m � m 7563 "' 1° "' "' 7548 SW 6 07631 5862 7610 5864 7620 7630 7640 W h tMO Ua tb^l N 5661 n Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 0 0 5940 7900 � � N 5989 5957 5929 5907 SW 80TH ST DAVIS RD O m b b Yl SO t0 N N JW 23'IJI JI ut ^ M 605 » tT l4 T tMm N I] M 1(J N e^b + O p Q m » » » » SW 82ND ST 8201 1 6100 82D0� 8201 5990 5989 5960 1 5940 1691615908 1 5900 7515 7504 7541 7532 m � m 7563 "' 1° "' "' 7548 SW 6 07631 5862 7610 5864 7620 7630 7640 W h tMO Ua tb^l N 5661 n Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 SW 80TH ST DAVIS RD O m b b Yl SO t0 N N JW 23'IJI JI ut ^ M 605 » tT l4 T tMm N I] M 1(J N e^b + O p Q m » » » » SW 82ND ST 8201 1 6100 82D0� 8201 5990 5989 5960 1 5940 1691615908 1 5900 7515 7504 7541 7532 m � m 7563 "' 1° "' "' 7548 SW 6 07631 5862 7610 5864 7620 7630 7640 W h tMO Ua tb^l N 5661 n Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 JW 23'IJI JI ut ^ M 605 » tT l4 T tMm N I] M 1(J N e^b + O p Q m » » » » SW 82ND ST 8201 1 6100 82D0� 8201 5990 5989 5960 1 5940 1691615908 1 5900 7515 7504 7541 7532 m � m 7563 "' 1° "' "' 7548 SW 6 07631 5862 7610 5864 7620 7630 7640 W h tMO Ua tb^l N 5661 n Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 7515 7504 7541 7532 m � m 7563 "' 1° "' "' 7548 SW 6 07631 5862 7610 5864 7620 7630 7640 W h tMO Ua tb^l N 5661 n Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 Rl 5791 7505 1 7500 7521 7510 7633 ° H 7649 a Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 Aw- 7801 7810 7801 78 7801 7800 7821 7820 7821 7820 7621 7820 LU 7901 7830 U 7861 7830' ¢ 7831 7830 H 7911 7910 7911 7900 7901 7900 N ZDAVII In 7931 7930 7931 7930 L5885 5871 5785 5775 DAVIS DR DAVIS DR utOOa «� +n 5800 5190 u°^ N N vmi h h » 8031 � N no 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 5780 5760 5781 5/61 5870 5850 5830 5180 5770 5760 To: Honorable Chair and Date: November 30, 2010 Planning Board Members From: Thomas I Vageline, Director Re: LDC Re- Zoning RS -3 to PR Planning and Zoning Departmen Van Smith Park, 7800 SW 59 Ave. P]3 -10 -040 Applicant: City of South Miami Location.: 7800 SW 59 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "RS -3" Low- Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09-4036- 039 -0020 and Folio No. 094036- 039 - 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The subject application would amend the zoning use district on the property. The subject property's current zoning "RS -3" Low- Density Residential Zoning Use District must be changed to the "PR" Parks and Recreation Zoning Use District. The action is being initiated by the City as a follow up to a change in the Future Land Use Map (FLUM) Category for the same property. The FLUM amendment was a technical correction needed to show the correct future land use map category for the property. The FLUM change was adopted on October 19, 2010 via Ordinance No. 39 -10 -2064 and was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated November 9, 2010. The property will become a neighborhood park with limited recreational activities. RECENT HISTORY OF THE SITE The City purchased the east one third of the property at 7800 SW 59 Avenue in 2003 for the purpose of preserving the natural habitat. The purchase was expanded in 2005 to include the remaining two thirds of the property which includes a single - family home. The surviving Van Smith brother will be allowed to live in the home for the remainder of his life, at which time that section of the site will be subject to the City making it a public park. PROPOSED REZONING REVIEW The subject proposed amendment for 7$00 SW 59 Avenue (Van Smith Park) will be from "RS- Rezoning 7800 SW 59 Ave. November 30, 2010 Page 2 of 3 3" Low - Density Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use District. The appropriate zoning use district should be in place before improvements to the park are started. SITE ANALYSIS Parcels Comprehensive PIan Existing Land Use Category Land Development Code Existing Zoning District Actual Use North Single Family Residential RS -3 Single family homes East Single Family Residential RS-3 Single family homes South Single Family Residential RS -3 Single family homes West Single Family Residential RS -3 Single family homes Compatible with Comprehensive Plan. A proposed rezoning should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: LAND USE ELEMENT Goal I To maintain and improve the City's neighborhoods, and the quality of life of existing and future residents. Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. RECREATION AND OPEN SPACE ELEMENT GOAL I To ensure the availability of adequate park facilities and open space for citizens of South Miami. STAFF OBSERVATIONS The current zoning district of "RS -3" Low - Density Residential Zoning Use District will need to be changed to the "PR" Parks and Recreation Zoning Use District. 1. The property is surrounded by single- family zoning. The creation of a neighborhood park serving local area residents is a compatible land use. 2. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan. 3. The amendment is needed in order to accurately reflect the location of City parks on the Official Zoning Map and to maintain and protect the City's inventory of recreation and open space. Rezoning 7800 5W 59 Ave. November 30, 2010 Page 3 of 3 4. The zoning district change will formally recognize the City's efforts and citizen participation in assuring the protection of green open space and the creation of a neighborhood park. RECONMENDATION it is recommended that the proposed zoning use district change from "RS -3" L ow - Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for 7800 SW 59 Avenue (Van Smith Park) be approved. Attachments: Location map ordinance No. 39 -10 -2064 DCA Letter dated November 9, 2010 Copies of Public Notice TJV/ /SAY 7CAMPS Agendas Staff Reports\2010 Agendas Staff Reports \11.30- 10\PB -10 -040 LDC Rezone Van Smith Ln.doc ORDINANCE N0.39 -10 -2064 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 category from Single - Family Residential (Two- Story) to Parks and Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09- 4036 - 039 4020 and Folio No. 09- 4036 - 039 - 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, Application PB -10 -014 is a request for a Comprehensive Plan Future Land Use Map Amendment being initiated by the City in order to amend the Future Land Use Map of the.South Miami Comprehensive Plan for property identified as Van Smith Park located at 7800 SW 59 Avenue from the category Single Family Residential (Two -Story) to Parks and _...... -- — Open Space; and._...._....... _.. ......... WHEREAS, The City of South Miami purchased the property at 7800 SW 59 Avenue in 2003 and 2005 for the purpose of preserving the natural habitat; and WHEREAS, The proposed amendment for 7800 SW 59 Avenue (Van Smith Park) was listed in the 2006 Evaluation and Appraisal Report which was adopted by Ordinance No. 01- 06 -1869 on January 5, 2006 and approved by the Florida DCA in May, 2006, and which document sets forth a chart entitled Potential Future Land Use Map Amendments (pp. 12-13) indicating that Van Smith Park requires a change to the Parks and Open Space Category; and WHEREAS, the Planning and Zoning Department staff in a report dated July 13, 2010 recommended approval of the proposed amendment, based upon observations that the amendment is needed in order to accurately reflect the location of City parks. on the Future Land Use Map, the need to maintain and protect the City's inventory of recreation and open space, and that the proposed amendment was recommended in the 2006 Evaluation and Appraisal Repor4 and WHEREAS, on' July 13, 2010, after Public Hearing regarding the proposed amendment, the Local .Planning Agency, regQm=nded_ appr4yal of th�,application by a vote -of I. 7 ayes 0 nays; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section 1. The Future Land Use Map of the South Miami Comprehensive. Plan is hereby amended by changing the Future Land Use Map category from Single Family Residential (Two - Story) to Parks and Open Space on property identified as Van Smith Park located at 7800 SW 59 Avenue. ,Jo. 3940 -2064 Section 2. Tf 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 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall be effective immediately after the adoption hereof PASSED AND ADOPTED this 19th day of October, 2010 ATTEST: CITY MAYOR 1st Reading- 7/27/10 2ru1 Reading - 10/19110; READ AP ROVED AS TO FORM COMNIISSION VOTE: 5-0 Mayor Stoddard: Yea AND FI NCY: Vice Mayor Newman: Yea Commissioner Palmer: Yea CT ATTORNEY Commissioner Beasley: Yea. Commissioner Barris: Yea X.\Comm Items12010 \7 -27 -10 \Comp Plan FLUM Amend Van Smith Park Ord.doc STATE OF FLORIDA g . •; DEPARTMENT OF COMMUNITY AFFAIRS "I7ed1caled to mak ng Ftorlda a better place to call home" CHARLIE GRIST Govema November-9, 2410 Thomas I Vageline, Director Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Vageline: THOMAS G. PELHAM Seavary. Thank you for submitting copies of the City of South Miami Small Scale Development Plan Amendment, adopted by Ordinance No(s) 39 -10 -2064 on October 19, 2010, for our records.. The reference number for this amendment package is 1 OSO6. The Department will not condudii compliance review or issue a Notice of intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact Terri Stoutamire at (850) 922 -1804. Sincerreeelyy,� 0 ` D. Ray Eubanks Plan Review & Processing Administrator D€tE /ts cc: Carolyn A. Dekle, Executive Director, South Florida RPC 2555 SHUMARD OAK BOULEVARD . TALLAHASSEE, FL 32389.2100 850- 488 -8466 (p) ♦ 850.921.0781 (f) ♦ Website: www.dcajtatajI.us ♦ COMMUNRYPLANNING 85D4W2355(p) 8504883309(1) • FLORIDACOMMUNRIESTRUST 880.972- 2207(p) 856821 - 1747(0 HOUSING AND COMMUNRY DEVELOPMENT 860-486-7958(p) 850-922 -6823 (1) CITY OF SOUTH MIAMI Planning Board. Regular Meeting Meeting Minutes Tuesday, November 30, 2010 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:34 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chair Yates requested a roll call. DR,A Fm T Board members present constituting a quorum: Mrs. Beckman, Mr, Cruz, Mrs. Young, Mrs. Yates, Mr. Morton, Mr. Farfan and Mr. Whitman. Board members absent: None. City staff present: Thomas J. Vageline (Planning & Zoning Consultant), Mr. Cabrera - Hernandez (Principal Planner). 1. City Attorney: Mr. Mark Goldstein III. Administrative Matters: (Planning & Zoning Director), Sanford A. Youkilis Marcus Lightfoot (Permit Facilitator) and Lourdes Mr. Youkilis informed the Board that the Planning Board meeting is still being broadcast by the Planning and Zoning staff. He commented that there was a public notice advertisement in the Miami Herald requesting the submittal of Comprehensive Plan amendments. All local municipalities can change there. Comprehensive Plan twice a year. The City of South Miami cycle has always been July and December. The Board is required to advertise Comprehensive Plan Land Use Map changes twice a year related to development that may be anticipated. Applications will be accepted during the month of December 2010. If an application is submitted it will be processed in July, 2011. Planning Board November 30, 2010 Page 2 of 6 Mr. Whitman questioned the Comprehensive Plans that have been seen within the last six months by the Planning Board. Mr. Youkilis responded that those are small scale amendments have gone through the City Commission and DCA. There were two applications returned by DCA that need to be modified. Most amendments have gone through, including the items on the agenda tonight. Mr. Whitman questioned which the two applications that were returned by DCA were. Mr. Vageline responded that those two amendments that had to do with affordable housing. DCA advised that text amendments were not small scale and they asked the City to re -adopt them as part of their large scale amendment cycle. Mrs. Mark questioned if the five park related could be read together. Mr. Goldstein replied that it could be done, but it is suggested that every item be read for the record. Mr. Youkilis informed the Board that there will be no Planning Board meeting in the month of December 2010. The next meeting will be scheduled for January 11, 2011. IV. Planning Board Applications/Public Hearings PB -10 -040 .Applicant: City of South Miami Location: 7800 SW 59 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "RS -3" Low- Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09 -4036- 039 -0020 and Folio No. 09 -4036- 039 - 0025); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mr. Morton read the item into the record. PB40 -041 Applicant: City of South Miami Location: 8051 SW 58 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "RS -3" Low- Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the property identified as Dison Park located at 8051 SW 58 Avenue (Folio No. 09- 4036 -000- 0520); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Young read the item into the record. Planning Board November 30, 2010 Page 3 of 6 PB -10 -042 Applicant: City of South Miami Location: 6820 SW 64 Ave. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "RS -3" Low- Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the property identified as All- America Park located at 6820 SW 64 Avenue (Folio No. 09 -4025- 000- 0430); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Mark read the item into the record. P)3-10 -043 Applicant: City of South Miami Location: 5800 SW 66th Street An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "RS -4" Single Family Residential Zoning Use District . to "PR" Parks and Recreation Zoning Use District for the property identified as a part of the Murray Park Community Center located at 5800 SW 66th Street and legally described as Lot 1, Block 1, Larkins Townsite (Folio No. 09 -4025- 028- 0010); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mr. Morton read the item into the record. P13-10 -044 Applicant: City of South Miami Location: 5800 SW 66th Street An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "LO" Low - Intensity Office Zoning Use District to "PR" Parks and Recreation Zoning Use District for property identified as a part of the Murray Park Community Center located at 5845 -5855 SW 68th Street and 6731 SW 58th Place, and legally described as Lots 10 thru 17, .Block 8, Townsite of Larkins (Folio Nos. 09- 4025 -028 -0900, 09 -4025- 028 -0910, 09- 4025 -028- 0920); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Young read the item into the record. The Chair opened the public hearing on all five items. Planning Board November 30, 2010 Page 4 of 6 NAME ADDRESS SUPPORT /OPPOSE PROJECT James Connell 7801 SW 59 Avenue Support Mr. Connell questioned if the Board or staff could provide him with the details of what is occurring with PB -10 -040. Mr. Youkilis responded that all properties in the city have two categories. One is the Land Use category, which was adjusted about two months ago and the second is zoning. This is a single - family zone, but it is now a park. This procedure has to be followed in order to change the zoning district and Land Use Category. Mr. Youkilis commented that the department recently received a letter from Mr. John Park. Mr. Youkilis read the letter, which informed the Board that the citizens are in support of making placing for Van Smith Park in the park zoning district. Mrs. Young questioned who John Park is. Mr. Connell replied that he is an adjacent owner of the property, who supports the item. Mr. Whitman questioned how all the motions and votes will be determined since the items are being read together. Mr. Morton responded that the motions could be made separate. NAME ADDRESS SUPPORT /OPPOSE PROJECT Seida Wood 6001 SW 79 Street Support Mrs. Wood questioned if the park PB -10 -040 is going to be a passive park and could there be some language to prevent the park from being an active park. Mr. Youkilis responded that when the property was purchased it was to conserve it as a natural habitat. Mrs. Yates commented that the intent is to maintain the native wildlife, vegetation and species. The property should look the next thirty years from now. The Chair closed the public hearing. Mr. Morton informed staff that of a word duplication located on the last two words of the last line. Mr. Morton questioned if there was a difference between the legal description with item PB -10 -043 and PB -10 -044. Mr. Vageline replied that there are lots of plats that have the Larkin name included. Mr. Farfan questioned if the City of South Miami is the owner of the property (PB -10 -040) once Mr. Van Smith is deceased. Mr. Youkilis responded that the City is already listed as owner of the property, but allows Mr. Van Smith to continue living on the property until he has deceased. Mrs. Beckman commented on the concern of dwelling on neighboring properties. Motion: Mr. Morton moved to approve the applications PB -10 -040, PB -10 -041, PB -10 -042, PB- 10 -043 and PB -10 -044 as presented. Mrs. Young seconded Vote: 7 Ayes 0 Nays Planning Board November 30, 2010 Page 5of6 PB -10 -045 Applicant: City of South Miami Location: 7435 SW 66 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "pI„ Public/Institutional Zoning Use District to "RS -3" Low - Density Residential Zoning Use District for the property identified as the Rothan Residence located at 7435 SW 66 Avenue (Folio No. 09- 4036 -050- 0020); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Yates read the item into the record. Mr. Youkilis informed the Board that the item before them is a corrective action requested by a City Commissioner and the resident. The property did have a Land Use category, which was changed from Educational (four stories) to Single- Family Residential. The category change was approved by the Planning Board and the City Commission. The application was submitted to DCA and was approved as a small scale amendment. Therefore, the next level down still shows that the zoning district is (PI) Public institutions, which is used for schools. However, it is a single- family house and should be changed to RS -3 Low - Density Residential. zoning. The owner of the property has been notified, but no response was received. Staff recommends the change of the zoning district to be approved. The Chair opened the Public Hearing. No discussion The Chair closed the Public Hearing. Mr. Morton questioned does the north portion of the property (the playing field) count as a park. Mr. Youkilis replied anywhere where there is open space it is categorized as open space. Mr. Vageline commented that since 1989, the property is labeled as park and recreation, but it is not useable to the public. , Mrs. Beckman questioned if there will be in investigation on the property since a person was able to change zoning into the four stories. Mr. Youkilis responded that page two provides the description of the Future Land Use map. The error stated 1986 which showed the property as PI on the zoning map. In 1997, when the first Future Land Use map came out it the property was labeled as an Educational category (f6ur stories). Mrs. Beckman questioned if the Land Use plan was signed off by a City planner. Mr. Vageline responded that when this task was under taken in 1986, it could have been done by consultants or planners or a combination of both. The procedure is usually not signed off by individuals; they are presented to the LPA, than the City Commission. Mrs. Yates commented that in 1989 when the Comprehensive Plan started, the whole city Planning Board November 30, 2010 Page 6 of 6 received a category and this category was a mistake, but after twenty years this mistake should not happen again. Staff does go through the maps to locate the properties that are not consistent. Mrs. Young commented that under proposed amendment review, can the home not be rebuild due to the conforming use? Mr. Youkilis replied yes. Mr. Morton questioned when this change is made will the last sentence be removed. Mr. Youkilis responded yes. Motion: Mr. Morton moved to approve the item as presented. Mrs. Young seconded. Vote: 7 Ayes 0 Nays V. Remarks* Mrs. Yates informed Mr. Chai that all the parks have been approved as presented. NAME ADDRESS SUPPORT /OPPOSE PROJECT Kamal Chai 6955 SW 65 Avenue Support Mr. Chai informed the Board that he is in support with the item and has been a resident in the City of South Miami for years. He questioned if there would be police patrolling the All American Park after dark. Mrs. Yates responded that staff could address the issue. Mr. Youkilis commented that on the telecommunication antennas issue.He commented that the Board was against it and the City Commission did not take action. However, the City Commission has decided to conduct a future public workshop on the item. VI. Minutes: A) The meeting minutes of October 26, 2010 and November 9, 2010 have been deferred. VII. Adjournment: Action: There being no further business before the Board, Mrs. Yates adjourned the Planning Board meeting at 8:12 p.m. TN /SAY Y:\PB\PB Minutes\2010 Minutes\ 11- 30- 2010\PB.Minutes.11.30.2010.doa r N CI) °S 1 Z rc in a fie= Qa 0 o° C4 0 6r }W. 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