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Ord No 10-11-2083C ORDINANCE NO. 10 -11 -2083 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. WHEREAS, the subject property prior purchased by the City prior to 1980 is now part of the Murray Park Community Center and consists of eight lots constituting three vacant parcels at the southwest corner of the Community Center site; and WHEREAS, the City has determined that the property will be the location of a new swimming pool and related facilities in the near future; and WHEREAS, in 2010 it was, determined by the Local Planning Agency that the Comprehensive Plan Future Land Use "1VIap (FLUM), category for the property located at 5845 -5855 SW 68th Street and 6731 SW 58th Place required a change from the Mixed Use Commercial Residential future land use map category to the Parks and Open Space future land use map category; and WHEREAS, in order to show the correct future land use map category for the property a FLUM amendment was initiated by the Local Planning Agency and was adopted by the City Commission on was adopted on October 5, 2010 via Ordinance No. 36 -10 -2061; and WHEREAS, the FLUM amendment was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated October 18, 2010; and WHEREAS, the assignment of a new future land use category required that the property's current zoning district of "LO" Low - Intensity Office Zoning Use District 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: Ord. No. 10 -11 -2083 Section 1. The Official Zoning Map of the City of South Miami is hereby amended by changing the current zoning use district of "LO" Low - Intensity Office Zoning Use District to the "PR" Parks and Recreation Zoning Use District for the property identified as a part of the Murray Park Community Center located at 5845 -5855 SW 68th Street and 6731 SW 58th Place. 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 adoption hereof. PASSED AND ADOPTED this 1st ATTEST: ITY CLERK I st Reading - 1/18/11 21d Reading - 2/1/11 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of February , 2011 APPR""�� 6?J1J'yx4 MAYO COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: XAComm Items\2011 \1- 18- I1 \LDC Amend Rezone Murray Park Pool Ord.doc 5 -0 Yea Yea Yea Yea Yea South Miami CITY OF SOUTH MIAMI f OFFICE OF THE CITY MANAGER ° INTER- OFFICE MEMORANDUM 2Q0t 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 "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 - 02"910, 09- 4025 -028- 0920); 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 "LO" Low - Intensity office Zoning Use District must be changed to "PR" Parks and Recreation Zoning Use District 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 fixture land use map category for the property. The FLUM change was adopted on October 5, 2010 via Ordinance No. 36 -10- 2061 and was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated October 18, 2010. RECENT HISTORY OF THE SITE The City purchased the subject property prior to 1980 and it was made part of the Murray Park Community Center. The 2001 plans for the Community Center show the property being used as part of the baseball field. The property consists of eight lots constituting three vacant parcels. The property is located at the southwest corner of the Community Center site. The City has determined that the property will be the location of a new swimming pool and related facilities in the near future. PROPOSED REZONING REVIEW The subject proposed rezoning for the pool area site at 5845 -5855 SW 68th Street and 6731 SW 58th Place, is to remove the "LO" Low - Intensity Office Zoning Use District and replace it with the "PR" Parks and Recreation Zoning Use District. SITE ANALYSIS Parcels Comprehensive Plan Land Development Actual Use Existing Land Use Code Existing Zoning Cate o District North Parks and Open Space PR Parks & Recreation Community Center/ Ball -fields East Mixed Use Commercial- LO Low - Intensity Office Office Building (Mobley) Residential South TODD TODD (LI -4) Auto repair; warehouse West Multiple Family RM -18 Multi- family - residential complex Residential Compatible with Comprehensive Plan. The 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: RECREATION AND OPEN SPACE ELEMENT Goal 1 To ensure the availability of adequate park facilities and open space for citizens of South Miami, Policy 1.1.1 Retain the existing park acreage and facilities, thereby providing a level ofservice standard of 4 acres per 1,000 population. LAND USE ELEMENT Goal l 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. 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 the "LO" Low - Intensity Office Zoning Use District to the "PR" Parks and Recreation Zoning Use District for the Murray Park Pool Area at 5845 -5855 SW 68th Street and 6731 SW 58th Place, be approved. Attachments: Draft ordinance Location map Ordinance No. 36 -10 -2061 DCA Letter, October 18, 2010. Planning and Zoning Department Staff Report 11 -30 -10 Planning Board Meeting Excerpt I1 -30 -10 TV /SAY X: \Comm Items\2011 \1 -18 -1 ALDC Amend Rezone Murray Pak Pool CM Report.doo 2 City of South Miami N PB- 10-043 and PB- 10.044 Zoning Use District Changes, Murray Park (1) RS -4 Single Family Residential to PR Parks and Recreation, 5800 SW 66 Str. W. .E (2) LO Low - intensity Office to PR Parks and Recreation, 5845 -55 SW 68 Stc, 6871 SW 58 Pl. s Feet 0 150 300 600 900 1 200 6301 6300 6301 929 6305 6260 rn 6280 6281 6280 w 6301 a'+ 6316 6317• SW 63R 5 vwO, r ¢ 0 6332 n N w N °0 6325 a N 14320 N 6325 6304 5 6280 5357 6335 6320 %330 6335 6330 o 6364 5351 M 6325 0 5373 Pin' 6845 6350 N' 1340 6345 6340 5991 HARDE DR HARDEE RD 4WRDEE DR ,,.SW�§9TH ST NARPEE; a;; :,,;;.ap 9 6401 6400 5976 6401 6400 6411 5944 6411 6410 6421 6420 6401 6400 6431 6430 q 6415 6430 6441 6440 6412 6441 6440 6501 6500 6501 6500 6511 6510 6511 6510 6621 ° 6521 6429 6531 6530 6531 6630 5843 6540 6541 6411 6410 i3 W 6429 6428 6443 6500 6443 6A42 co 6443 6442• 6445 6510 6421 6420 6504- IL 6521 6457 6450 Tai 6456 6461 j 6431 6430 6530 4 654f 6540 68TH m 6420 - m cn 6441 6440 ° 6487 'o 6481 H N 6501 ° 6500 6501 6500 6501 65D5 m 6519- 6516 m 6511 6510 s5.,0 6521 6520 6533 6551 6571 6531 &530 o ° y 5987 C 6540 s'S9j 6591 5875 6540 6401 6400 w 6401 6400 6411 6410 6411 6410 6421 6420 6421 6420 6431 6430 q 6431 6430 6441 6440 6441 6440 6501 6500 6501 6500 6511 6510 6511 6510 6621 6520 6521 1 6520 6531 6530 6531 6630 5843 6540 6541 6540 m SW 66TH ST 0 12 2 6401 6400 6600- m 0 F 6411 6410 o 6421 6420 6404• � 1 a rGp 5949- 6431 6430 .� J 11 6441 6440 K i3 W ¢ `• E 6541 6500 y8511 co T +i k 6510 6504- IL 6521 6520 Tai N 1s 6531 6530 4 654f 6540 68TH ST - m SW 66TH ST 0 12 2 6001 � a � 5959 °m SW 71ST ST 6075 1 5960 15976 ST 6600- m 5961- 6701 ^ g rGp 5949- J 11 =ffil o Tai 4 SW 68TH ST - yry0y 6001 � a � 5959 °m SW 71ST ST 6075 1 5960 15976 5927 5887 a° w °m 66,6 5198 5Tg0 6712 � s sosssso y�eY s�ssos� f', oss o o s � 'sso 6190 sss ov �y -- SgBa s 6x01 5O\i\�� 5701 - 567p 5860 ,� aF� 5820 > 0 ,d u ° i 11 =ffil 5927 5887 a° w °m 66,6 5198 5Tg0 6712 � s sosssso y�eY s�ssos� f', oss o o s � 'sso 6190 sss ov �y -- SgBa s 6x01 5O\i\�� 5701 - 567p 5860 ,� aF� 5820 > 0 ,d u ° i ORDINANCE NO. 36 -10 -2061 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 Mixed -Use Commercial Residential (Four Story) to Parks and Open Space for the three properties 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. WHEREAS, Application PB -10 -019 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 the 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); and WHEREAS, The City of South Miami purchased the property at 5845 -5855 SW 68th Street and 6731 SW 58th Place, as part of the planned Murray Park Community Center and in the 2001 plans for the Community Center the lots are shown as part of the baseball field; and WHEREAS, The proposed amendment is a small scale amendment initiated by the Local Planning Agency in order to correct aria update the Comprehensive Plan Future Land Use Map; and WHEREAS, The City has determined that the subject property will be the location of a new Community Center swimming pool and related facilities• in the near future; and WHEREAS, the Planning and Zoning Department staff in a report dated August 10, 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 and that the current Future Land Use Map designation of Mixed -Use Commercial Residential (Four Story) is not appropriate for the use proposed; and WHEREAS, on August 10, 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 Mixed -Use Commercial Ord. no. 36 -10 -2061 Residential (Four Story) to Parks and Open Space for the three properties 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). 1 . 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 5th day of October 52010 ATTEST: AZNDIATTORNEY READ AND APPROVED AS TO FORM CIENCY or XiComm It=00l0\9.2l-l0 \Comp Plan FLVM Amend Murrary Park Pool. Ord.doo APPROVED: .4 a�r<� MAYA 1'` Reading — 9 / 21110 2nd Reading — 10/5/10 COMMISSION VOTE: 5—o Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea DEPARTMENT OF COMMUNITY AFFAIRI "Dedicated to making Florida a better place 1 call ho CHARLIE CRIST Governor October 18, 2010 Thomas J. Vageline, Director Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Vagelme: THOMAS G. PELHAM Secretary Thank you for submitting copies of the City of South Miami Small Scale Development Plan Amendment, adopted by Ordinancd;,N%(s) 36 -10 -2061 & 37 -10 -2062 on October S. 2010, for our records. The reference number for this amendment package is 10S02. 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)(a), Florida Statutes. If you have any questions, please contact Terri Stoutamire at (850) 922 -1804. DRE /ts cc: Carolyn A. Dekle, Executive Director, South Florida RPC Sincerely, D. lay Eubanks Plan Review & Processing Administrator 1 2585 SHUMARD OAK BOULEVARD o TALLAHASSEE, FL 32399.2100 850- 488 -8466 (p) ♦ 850- 921 -0781 (f) ♦ Website: www dCa state fl Us COMMUNITY PLANNING 850488- 2356(p) 850 488- 3309(o ♦ FLORIDA COMMUNITIES TRUST 850922- 2207(p) 850-921 - 17470 ♦ HOUSING AND COMMUNITY DEVELOPMENT 850-088.7956(p) 850822 - 5623(@ To: Honorable Chair and Date: November 30, 2010 Planning Board Members I From: Thomas J. Vageline, Director �Y� Re: LDC Rezoning LO to PR Planning and Zoning Department 666 Murray Park Pool, 5845 -55 SW 68 /° Street and 6731 SW 58 Place 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 (Polio 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. SUMMARY OF REQUEST The subject application would amend the zoning use district on the property. The subject property's current zoning "LO" Low - Intensity Office Zoning Use District must be changed to "PR" Parks and Recreation Zoning Use District 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 5, 2010 via Ordinance No. 36 -10 -2061 and was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated October 18, 2010. The City owned property consists of eight lots constituting three vacant parcels which are part of the Murray Park Community Center site..The property is located at the southwest corner of the Community Center site. The City has determined that the property will be the location of a new swimming pool and related facilities in the near future. The City is in the process of reviewing RFP responses for professional design and pool management expertise. Rezoning 5800 SW 66 Sir(Pool) November 30, 2010 Page 2 of 3 RECENT HISTORY OF THE SITE The City purchased the subject property prior to 1980 and it was made part of the Murray Park Community Center. The 2001 plans for the Community Center show the property being used as part of the baseball field. The city has now determined that the property will be the location of a new swimming pool and related facilities in the near future. The City is in the process of reviewing RFP responses for professional pool design and pool management expertise. PROPOSED REZONING REVIEW The subject proposed rezoning for the pool area site at 5845 -5855 SW 68th Street and 6731 SW 58th Place, is to remove the "LO" Low - Intensity Office Zoning Use District and replace it with the "PR" Parks and Recreation Zoning Use District. SITE ANALYSIS Parcels Comprehensive Land Devel opment Code Actual Use Existing Land Use Existing Zoning District JPIan Category I North Parks and Open Space PR Parks & Recreation Community Center/ Ball -fields East Mixed Use CommLO Low intensity Office Office Building (Mobley) Residential South TODD TODD(LI -4) Auto repair; warehouse West Multi Family Residential RM -18 Multi - family- residential complex Compatible with Comprehensive Plan. The 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: RECREATION AND OPEN SPACE ELEMENT Goal 1 To ensure the availability of adequate park facilities and open space for citizens of South Miami. Policy 1.1.1 Retain the existing park acreage and facilities, thereby providing a level of service standard of 4 acres per 1, 000 population. LAND USE ELEMENT Goal i To maintain and improve the City's neighborhoods, and the quality of life of existing and fixture 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. Rezoning 5800 SW 66Str(Pool) November 30, 2010 Page 3 of 3 STAFF OBSERVATIONS 1. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan by adding open space acreage required to maintain the required level of service standard. 2. 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. 3. The zoning district change will formally recognize the City's efforts and citizen participation in assuring the protection of green open space. RECOMMENDATION It is recommended that the proposed zoning use district change from the "LO" Low - Intensity Office Zoning Use District to the "PR" Parks and Recreation Zoning Use District for the Murray Park Pool Area at 5845 -5855 SW 68th Street and 6731 SW 58th Place, be approved. Attachments: Location map Ordinance No. 36 -10 -2061 DCA letter dated October 18, 2010. Copies of Public Notices TIV / /SAY X:\PBNPB Agendas StaffReportsk2010 Agendas Staff Reports\11- 30- 10U'B -10 -044 LDC Rezone Mutray Park Pool.doc 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. AF 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- Hemandez (Principal Planner). City Attorney: Mr. Mark Goldstein M. 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 PB40 -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. 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. Plamvng 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. 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 1IRS4" Single Family Residential Zoning Use District to i'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, 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 James Connell ADDRESS SUPPORT /OPPOSE PROJECT 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 nest 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 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 "Ill' Publicllnstitutional 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 (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 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 Board meeting at 8:12 p.m. the Board, Mrs. Yates adjourned the Planning TJV /SAY Y:TB\PB Mlnute$VO10 MinutesM- 30- 2010TB.Minutes.11.30.2010.doc $ cc §, g� ! °4.44§ §) ]! \\ _) ,! \ 00 ) / | \\ |(< (� ! § _ ( \ (i |(< (� °z LtJ J uN YM. 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