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Ord No 07-11-2080ORDINANCE NO. 07-11-2080 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. WHEREAS, in 2009 the City of South Miami purchased the property at 8051 SW 58 Avenue for the purpose of preserving open space and to provide limited recreational activities for the neighborhood; 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 8051 SW 58 Avenue required a change from the Single - Family Residential (Two Story) future land use 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 September 7, 2010 via Ordinance No. 22 -10 -2047; and WHEREAS, the FLUM amendment was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated October 15, 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 the property identified as Dison Park located at 8051 SW 58 Avenue (Folio No. 09- 4036 - 000 - 0520). Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ord. No, 07 -11 -2080 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1st day of February, 2011. ATTEST: )CITY CLERK 1St Reading — 1/ 18 /1 1 2nd Reading — 2 /1 /11 APPROVE _ MAYO A X: \Comm Items\201 t \1- 18 -11TDC Amend Rezone Dison Ord.doc COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami NI- MtericaCiti CITY OF SOUTH MIAMI 9i' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: 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 Dison Park located at 8051 SW 58 Avenue (Folio No. 094036- 000 - 0520); 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 "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 September 7, 2010 via Ordinance No.22- 10 -2047 and was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated October 15, 2010. The property will become a neighborhood park with limited recreational activities. RECENT HISTORY OF THE SITE Ms. Charlotte Dison, the owner of the park site and also a single family home south of the proposed park, offered to sell the vacant portion of her property (0.60 acre) to the City if a commitment was made to develop the land into a neighborhood park. The City received a significant portion of the acquisition cost from County and State of Florida grant programs. The City completed the purchase of the property at 8051 SW 58 Avenue in 2009. The purpose of the acquisition was to preserve open space and to provide limited recreational activities for the neighborhood. A Miami -Dade County grant has been received for the City to implement improvements. PROPOSED REZONING REVIEW The subject proposed rezoning for 8051 SW 58 Avenue (Dison Park) will be from "RS -3" Low- Density Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use District. The City owned property is now scheduled for infrastructure improvements in the City's Capital Improvement Plan (2009- 2013). The appropriate zoning use district should be in place before improvements are started. SITE ANALYSIS Parcels Comprehensive Plan 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 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 8051 SW 58 Avenue (Dison Park) be approved on first reading. Attachments: Draft ordinance Location map Ordinance No. 22 -10 -2047 DCA Letter, October 15, 2010. Planning and Zoning Department Staff Report 11 -30 -10 Planning Board Meeting Excerpt 11 -30 -10 TN /SAY XAComm Ctems\201111- 1841\LDC Amend Rezone Dison Park CM Report.doo 3 ` City of South PB -10 -041 Zoning Use RS -3 Low- Density Residential to 8051 SW 58 Ave. 0 100 200 300 600 Miami District Change PR Parks and Recreation Dison Park Feet 900 1,200 7720 N 7720 U x o+ 7801 7800 va �N 7630 �TW 7740 7741 7631 7628 7630 7631 7821 )640 7640 7641 7634 7740 5601 7710 7701 7710 7650 7711 7831 TGC ST M78217820 ` 7721 N 7720 N 7720 1y; o+ 7801 7800 va �N nun c 7740 7741 V S 7821 8391 7731 7740 7831 BROWN ST M78217820 is ON 5520- x° 7901 7900 7901 a ! 7910 7801 7800 7930 7921 r t s 5785 5775 R, 7910 2. hu r0AVIS RD 7821 7820 5991 G 5961 51g0 N �°w� 7830 U 7861 7830 5714 8020 8019 w 7901 E 8031 �-xM "' :. 8101 SW 79TH ST E SW 81 ST ST C 5780 79H 7910 5720 7911 7900 5940 7900 5781 5761 N 5727 8151 T z; 7931 7930 7931 5929 5907 5885 5871 5841 m SW BOTH ST DAVIS RD DAVIS DR DAVI °g 5980 rn rn m o Q °' � w � 5804 rn N _ _ 100 10 N N N Va uJ t/) 1(i va b h SW 81ST ST 7600 rMN. 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L: ie G i' $W 84TH L' 5645 ORDINANCE NO. 22-10-2047, 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 Bison 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. WHEREAS, Application 1?13-10 -015 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 Dison Park located at 8051 SW 58 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 8051 SW 58 Avenue in 2009 for the purpose of preserving open space and to provide limited recreational activities for the neighborhood; and WHEREAS, Dison Park at 8051 SW 58 Avenue is scheduled for infrastructure improvements in the City's Capital Improvement Plan (2009 -2013) and the appropriate land use category and zoning district should be iux,place before improvements are started; and WHEREAS, the Planning and Zoning Department staff in a report dated July 13; 2016 recommended approval of the proposed amendment based upon observations that the proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan, the amendment is needed in order to accurately reflect the location of City parks on the Future Land Use Map and the need to maintain and protect the City's inventory of recreation and open space; and WHEREAS, on July 13, 2010, after Public Hearing regarding the proposed amendment, the Local Planning Agency recommended approval of the application by a vote of 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 Dison Park located at 8051 SW 58. Avenue. Ord. no. 22 -10 -2047 Section 2. 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 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 It day of September, 2010 ATTEST: f� 2� Z CzT� CLEl K '�yl 191 Reading — 7127110 2nd Reading — 917110 rp AND • ATTORNEY CITY APPROVED: MAYOR . COMMISSION VOTE: 4 -1 Mayor Stoddard. Yea Vice Mayor Newman: Yea Commissioner Palmer: Nay Commissioner Beasley: Yea Commissioner Barris: Yea X:\Comm Ttems\2010 \7 -27 -10 \Comp Plan FLUM Amend Dison ParkOrd.doc "Dedicated to making Florida a better place to call home' CHARLIE CRIST Govemor October 15, 2010 Thomas J. Vageline, Director planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr, Vageline: THOMAS G. PELHAM Secretary Thank you for submitting copies of the City of South Miami Small Scale Development plan Amendment, adopted by Ordinance:No(s) 21-10-2046,22-10-2047 & 23 -10 -2048 on September 7, 2010, for our records. The•reference number for this amendment package is 1OS01. The Department will not conduct a 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)(x), Florida Statutes. If you have any questions, please contact Terri Stontamire at (850) 922 -1804. DRE/ts Sincerely, D., Ray Eubanks Plan Review & processing Administrator cc: Carolyn A. Dekle, Executive Director, South Florida RFC 4 t kV Azv: OCT 2 12010 Planning and 0r:!ng 28 '(2D OAK BOULEVARD 6 .ALWeAti Ae SE W.dca.sta399f 2100 85 - 488.646 $(p) • 850 - 921 -0781 (f) s COMMUNITY PLANNING 850488,23WP) 8504W-33D9(0 ♦ FLORIDA COMMUWnES TRUST 850.922.2207(p) 850A2l -1747M a ♦ HOUSING AND COMMUNITY DEVELOPMENT 850488- 7958(1)) 850.92745823(0 To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Department Date: November 30, 2010 Re: LDC Rezoning RS -3 to PR Dison Park, 8051 SW 58 Ave. PB -10 -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. 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 "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 September 7, 2010 via Ordinance No.22 -10 -2047 and was accepted by the Florida Department of Community Affairs as • small scale amendment in a communication dated October 15, 2010. The property will become • neighborhood park with limited recreational activities. RECENT HISTORY OF THE SITE Ms. Charlotte Dison, the owner of the park site and also a single family home south of the proposed park, offered to sell the vacant portion of her property (0.60 acre) to the City if a commitment was made to develop the land into a neighborhood park. The City received a signification portion of the acquisition cost from County and State of Florida grant programs. The City completed the purchase of the property at 8051 SW 58 Avenue in 2009. The purpose of the acquisition was to preserve open space and to provide limited recreational activities for the neighborhood. A Miami -Dade County grant has been reserved for the City to implement improvements. Rezoning 8051 SW 58 Ave. November 30, 2010 Page 2 of 3 PROPOSED REZONING The subject proposed rezoning R Density Residential Zoning Use The City owned property is, now Improvement Plan (2009 - 2013). improvements are started. QlTrV AV AT VCTC REVIEW r 8051 SW 58 Avenue (bison Park) will be from "RS -3" Low - District to the "PR" Parks and Recreation Zoning Use District. scheduled for infrastructure improvements in the City's Capital The appropriate zoning use district should be in place before Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use Nom 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 1 To maintain and improve the City's neighborhoods, and the quality of life of existing andfuture 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. Rezoning 8051 SW 58 Ave. November 30, 2010 Page 3 of 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. .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 8051 SW 58 Avenue (Dison Park) be approved. Attachments: Location map Ordinance No.22 -10 -2047 Florida DCA Letter, October 15, 2010. Copies of Public Notice TJVUSAY X:\PB\PB Agendas Staff ReporW2010 Agendas Staff Reports \I I- 30 -10TB- 10-041 LDC Remne D'ason Parkdoo CITY OF SOUTH MIAMI .Planning Board Regular Meeting Meeting Minutes Tuesday, November 30, 2010 City Commission Chambers 7:30 P.M. DRAFT 10 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. 11. Roll Call Action: Chair Yates requested a roll call. 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 Director), Sanford A. Youkilis (Planning & Zoning Consultant), Mr, Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera - Hernandez (Principal Planner). City Attorney: Mr. Mark Goldstein 1H. Administrative Matters: 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, 20111 IV. Planning Board Applications/Public Bearings 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. PB -10 -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. Marls read the item into the record. PB -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. PB -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, 094025- 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 5 of 6 PB40 -04s 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 ACA 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 carne out it the property was labeled as an Educational category (four 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 Iast sentence be removed. Mr. Youldlis 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. Youkiiis 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 f -ther business before the Board, Mrs. Yates adjourned the Planning Board meeting at 8:12 p.m. TIV /SAY Y:TBTB MinutesW10 Minutes \i i- 3o- 2oto\PB.Minutes.11.30.2010.doe 6 § k!( § :! (� m 08 \� )� (\ 4 !\ \ `f OS ;\ � I ) �� ! �� ! � ) { [` \ (\ � I ) �� ! �� ! • cats .ee a 'WIN Ogg v Me 5S nam±$wg' 4, a " 5 gqw a�3 b¢¢�aAAq� m.. 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