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Ord No 11-11-2084ORDINANCE NO. 11 -11 -2084 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. 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 7435 SW 66 Avenue was assigned in error in 1989; and WHEREAS, the Future Land Use Map indicated that the subject property was in the Public and Semi Public (Four Story) future land use map category, the same category as the Ludlam Elementary School abutting the property to the north, however, the subject property is occupied by a single family home; 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.23 -10 -2048; 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 "PP" Public / Institutional will need to be changed to the "RS -3" Single Family Residential 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 district of "PP' Public / Institutional to the "RS -3" Single Family Residential Zoning Use District for property located at 7435 SW 66 Avenue (Folio No. 09- 4036- 050- 0020). Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ord,!'No. 11 -11 -2084 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 1 Gi- day of February_, 2011. ATTEST: APP OVE ITY CLERK MAY R 1" Reading — 1/18/11 2nd Reading — 2 /1 /11 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY X: \Comm Items\201 I \I -18 -1 ITDC Amend Rezone Rothan Ord.doc Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami 1 erica NY 91 CITY OF SOUTH MIAMI 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 Departme t Date: January 18, 2011 ITEM No. _._„ _ _ __ 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. SUMMARY OF REQUEST The subject application would amend the zoning use district on the property. The subject property's current zoning is "PI" Public /institutional Zoning Use District must be changed to "RS -3" Low - Density Residential 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 which is occupied by a single family home. The corrective action was suggested by the property owner and a member of the City Commission. The FLUM change was adopted on September 7, 2010 via Ordinance No.23 -10 -2048, and was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated October 15, 2010. RECENT HISTORY OF THE SITE The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3 (Single - Family) from 1971 until 1989 according to records and maps in the Planning and Zoning Department. In 1989 the City produced the first Future Land Use Map as required by the (then new) State Comprehensive Planning Act. This map indicated that the subject property was in the Public and Semi Public (Four Story) future land use map category, the same category as the Ludlam Elementary School abutting the property to the north. The City has no record as to why this property, which was clearly a single - family home and owned by a private party, would have been placed in that category. That error also resulted in the 1989 Official Zoning Use map also showing the property in the "PP' Public / Institutional Zoning district, which remains the current zoning use district. The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in the 1996 EAR. The Future Land Use Map category for this property was indicated as Educational (Four- Story) the same category assigned to the Ludlam Elementary School immediately abutting the single family home. RTTF, ANALYSTS Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use North Educational (Four Story) PI, Public /Institutional Public school East Single Family Residential RS -3 Canal and Single family homes South Single Family Residential RS -3 Single family homes West Single Family Residential RS -2 (Semi - Estate Residential) Single family homes Compatible with Comprehensive Plan. A rezoning of property 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 and future residents. to this plan and the Zoning Map, compatibility with STAFF OBSERVATIONS The current zoning district of "Pl" Public / Institutional will need to be changed to the "RS -3" Single Family Residential Zoning District. 1. The property is surrounded on three sides by single - family zoning districts. The use of that property for school or educational purposes would not be a compatible land use. 2. The existing zoning district, PI, would allow for any number of institutional type uses including schools. The maximum height in the PI zone district in that location would be two stories. The uses allowed by the current zoning district would not be compatible with the surrounding single family neighborhood. 3. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan and with the land use map category currently assigned to the property. 4. The amendmeit is needed in order to accurately reflect the actual use on the site and to protect the surrounding residential community from inappropriate land uses. 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. 2 RECOMMENDATION it is recommended that the proposed change of zoning use district from "PI" Public /Institutional Zoning Use District to "RS -3" Low- Density Residential Zoning Use District for the property located at 7435 SW 66 Avenue be approved on first reading. Attachments: Draft ordinance Location map Ordinance No.23 -10 -2048 Florida ACA Letter, October 15, 2010. Planning and Zoning Department Staff Report 11 -30 -10 Planning Board Meeting Excerpt 11 -30 -10 rsvrsAv X. \Comm 1temA\2011\t- 18- 1 1\C.DC Amend Rezone Rothan CM Report.doe City of South Miami PB -10 -045 Zoning Use District Change "PI" Public /Institutional to "RS -3" Low - Density Residential 7435 SW 66 Avenue Feet 0 100 200 300 600 900 1,200 Q 5 70TH 7110 k 'i; �' 7008 zn co ° m 7390 n n- r• 1009 7440 6479 7010 "` 7028 1s m S OTHTER ° :i•. w° 6489 6475 7020 6610- 7048 6; ;+ ' 7048 7240 m ^ 6491 6471 6493 6467 7030 ° 7M113 7112 7100 SW 71ST LN 7240 7241 a, 6639 7133 7132 7170 6701 7240 ';•'; +r "ia a 7310 7311 :i$• 7440 7300 a 0 o 7310 'ii':' a o 7320 ''7ii 7320 w m N 7320 w O 11ary p G 7330 7331 SUNSET DR SW 72ND ST w M Rffl 7011 6750- .. m 7031 Q 7101 7110 k 7120 zn co ° m 7390 n n- r• ti w � 7440 6795 �� U 1s m m ° ®ll w M Rffl 7011 7020 7021 670 7031 7040 7101 7110 6790 7120 zn 6341 ° m N n n- r• m 7440 ° ^ 1s ^ m ° ®ll w M Rffl 7011 7020 7021 7030 7031 7040 7101 7110 7111 7120 63 6341 SW f57H teK 7531 6540 6510 dye" 7510 n 7551 e m `°O 6551 tO 7570 'S�+r 7540 ° ° S SW 76TH ST A. L 0 7611 .f-' .7 QI 61 O N ° 7621 SW 76TH TER 0 7631 N m 6500 0® o m o m m n u°� 0 a 0 ,o h° 63 T)30 N n n- r• m m m"' i 7220 ® ®ll 7231 0 µ, 7230 7230 7240 ° H 7240 7241 6639 7260 SW 73RD ST 7240 7310 7311 7440 7300 0 o 7310 'ii':' a o 7320 7321 7320 N 7320 O p 7330 7331 7330. ,r 7350 ,. m .g $ 7340 7341 7340 SW f57H teK 7531 6540 6510 dye" 7510 n 7551 e m `°O 6551 tO 7570 'S�+r 7540 ° ° S SW 76TH ST A. L 0 7611 .f-' .7 QI 61 O N ° 7621 SW 76TH TER 0 7631 N m e� 0® � m N �n m 7400 m O m m � m 7720 T)30 n n- r• o ® ®ll SW f57H teK 7531 6540 6510 dye" 7510 n 7551 e m `°O 6551 tO 7570 'S�+r 7540 ° ° S SW 76TH ST A. L 0 7611 .f-' .7 QI 61 O N ° 7621 SW 76TH TER 0 7631 N m N r. ,a 0® � m N �n m 7400 m O m m � m 7720 T)30 n n- r• o uM92 6501 ° H 7440 U N N O p ° 7450 7500 a SW f57H teK 7531 6540 6510 dye" 7510 n 7551 e m `°O 6551 tO 7570 'S�+r 7540 ° ° S SW 76TH ST A. L 0 7611 .f-' .7 QI 61 O N ° 7621 SW 76TH TER 0 7631 7x11 r 7600 7621,`' 7610 7631 7620 h N y m 7630 SW 76TH TM 7630 g7651 iO 7640 4 0 6785 ti 7710 7709 N o N m X1`0 N m N r. ,a 0® � m N �n m 7x11 r 7600 7621,`' 7610 7631 7620 h N y m 7630 SW 76TH TM 7630 g7651 iO 7640 4 0 6785 ti 7710 7709 N o N m X1`0 N m N r. ,a � m N �n m C •c m m O m m � m 7720 T)30 n n- r• o K m rn K ° m rn m uM92 6501 ° 7641 7 7651 640 7650 7661 �a s 9 CTA� sfr36 7401 1 7400 7421 7410 7431 7420 7437 7430 7441 7500 v 7511 7510 7521 7520 y 7531 7530 7600 7601 7610 7611 7620 7621 7631 w ME ORDINANCE NO, 23-10-7048 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 PIan by changing the future land use category from Educational (Four- Story) to Single - Family Residential (Two- Story) 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. WHEREAS, Application PB -10 -016 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 located at 7435 SW 66 Avenue from the category Educational (Four- Story). To Single Family Residential (Two - Story); and WHEREAS, the proposed amendment was suggested by the property owner and a member of the City Commission and is a technical correction needed to show the correct future land use map category for the property which is clearly occupied by a single family home ; and WHEREAS, since 1989 the subject property has been placed in the Educational (Four - Story) Future Land Use Map category which is the same category as the Ludlam Elementary School abutting the propertythe property to the north; and WHEREAS, the City of South "Miami has no records as to why or when this property, which is a single- family home and owned by a private party, would have been placed in the Educational Future Land Use Map 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 actual use on the site and to protect the surrounding residential community from inappropriate land uses and that the proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, on July 13, 2010, after Public Hearing regarding the proposed amendment, the Local Planning Agency recommended approval of the proposed amendment by a vote of 5 ayes 2 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 Educational (Four- Story). to Single Family Residential (Two- Story) on property located at 7435 SW 66 Avenue. Ord. no. 23 -10 -2048 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 7th day of Se t ^p, ember> 2010 ATTEST: CITY CLERK 1S` Reading - 7/27/10 2"d Reading— 9/7/10 < <J <.. X:1Comm Ttems\2 0 2 017- 27.10\C0mp Plan FLLU Amend Rothan Res Ord.doc APPROVED: �0A44 MAYOR mayor Stoddard: Yea Vice'MayorNewrnan: Yea commissioner Palmer: Nay Commissioner Beasley: Yea commissioner Harris: Yea I' r k' > a :_ "Dedicated to making Florida a better place to call home" CHARLIE GRIST Gwemor 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 losol. 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 1633187(3)(a), Florida Statutes. If you have any questions, please contact Terri Stoutamire at (850) 922 -1804. Sincerely, v D. Ray Eubanks Plan Review & Processing Administrator DRE /ts cc: Carolyn A. Dekle, Executive Director, South Florida RPC OCT 2 12010 Planning and Z onir; 26 R OAK BOULEVARD + TALLAHASSEE, FL 32399 -2100 BS -4B6 D (p) ♦ 850 -921 -0781 (f) ♦ Website: www doa.state fLus r COMMUNITY PLANNING 850.488.2356(p) m4ea- 3309(0 ♦ FLORIDA COMMUMTIES TRUST 850.922- 2207(p) 85D-921-1747 (4 HOUSMG AND COMMUNITY DEVELOPMENT 850 68.7956(p) 850 - 972- 5523(I) NOTICE OF PUBLIC HEARING CITY ®F SOUTH MIAMI Planning and Zoning Department " 6130 Sunset Drive; South Miami, Florida 33143' Phohg: (305) 663, -6326; Fax #: (305) 668 7356 . On Tuestlay,Nevemder30,2010atT�S P.M „the CI$otSbulhMiaml PWnningHOartlwiilconduct puh5chemingalnthe CilpCOmmisston Chambers at the above address an rho iellowing ttemst :.:, .. .. _ Applicant City of. South Miami,, ';J Location: 7600 SW59Axenue.,.;, ' .:.�. ,.. '. .::r''.,• .:,..'- • .._. '.::'.�•. , ^i�.. "a::' An Ordimrie of the Mayor anti City Ammmission ofthl of5auth Miami, fldrida, ielating(o a requestl6 aineotl tfiale Ojai zonin0 map of the City of South Miami Land Development Code by changing the zoning use districtfrom "9S -3” Cow- Ceasdy Residential of Use Mother to "PR" Parks and Recreation Zoning Use gistrist for the pr4erfy.1deninfi l Van:$mifN Park locatad at 7800.SW 59 Avenue (Folio No.09' 4036.0340020 and folio No, 09.4036 -039- 0025}; providing for save rabllily; providn9.for.ordnances In Conflict; and providing an effective date. , .. a .. 1 .. 'Applicant: City offiouth -Mietd 4 . mcation: Si151'SW 58'AVenue. :z An drdinaoce Of The rdavor endCilot Commission of the.Cilv.at South Micro!, Fiaritliirelxtirisfln a ravVast In amenA ilm�nNtciaP zoning map of the City oil.South'Miami Land Development; Code Try dhaggin9 the zonng use, district'libat Depsity 11 Residonliai Zaning-Use Dlstriit:to 7!PR" Parks.arid Recreation Zhning Use, Olmat9or the Property Identified as Cheap Park. idoated at, 8051 SW 56 Avmma (Folio Nfi. D9- 41136 -000.0520kfhovlding. for seeterabUity ptovlding for ordinances In corall and providng foreffeoiMe.tlata.. . Applicant: City of South Waml , Location: 6820 SW 64 Ave, An Ordinance at the Mayor and.City.Cammisshoe ar the Day of South Mlamh, Florida, relating to a request to amend The ofliotal zoning map atth r.Cjty of.SOUda Miami Land Development Code by ibanging tffe zoning use dshriat from "115.3 ".Low - Density Residential Zoning Use District to "PR" Parks add Recreation Zoning Use District for the property for the pmep ely IdmtIDad as AII.Amodoa Park located at 68Z.0 SW-64 Avenue (Folio, 1A..094025 -0110. 0430); providing for severabiliiy; providing far ordinances In conflict, and providing an effective date. Applicant. Chiral South Miami. "Ili LocatloF. 5800 914611 Street - An Ordinance of the M"ayarand Cily Commission of the City of Sau6 Miamf, 63orida, relating to a forma tto amend the offlual- zoninR,map of the Coy ai Sw1h Miami Land Development Cade by changing tho zoning use' district from "RS-4" Single Family Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the'pmparlq idenliffedas a part of the . Murray Park Community Choleilocated at 5800 SW Stith Skeet and legally desbdoed as Lot t1.131001i1 Larkins Townsite(Folio 'No. 6425-02i)-0010); providng tar sevorehility; providing for urdinancas in conflict, and providing an eff0c0ve'0aie:'�: PR 10.04A . Applicant City of South Miami, . Location: 6845�S5 SW 68 Shoat; 6731 SW 5801 Place An Ordinance of the Mayor and City Commission of the City of Squib Miami, Florida, reWting to a request to amend ma official zoning map of the City of South Miamf Land Development Cade by changing tM1e zoning use district from, "LO ",Low -Intensity ORice Zoajng Use District to "PR" Perks and Recreation Zoning Use OlstictforpropertyAJentified as apart of theMurray Park, Community Center located at 5845.5855 SW 681h Street and 673T SW 58th Piaca, and legally tlescribeit as Lots gO HUu 77, Rmck B, Towneiter of Larkins {Voila Nos, 094025.028 -thim Og; 4025 - 1128 -0g10, 644025428.0920)h providing for severst illy; pmvtding for ordinances inarmMct; and providing an effeclf re.date. P B 1"4 . Applicant City at South Miami' Location: 7435 SW 66 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, 10410ng to 0 request to amend the official zoning map of the City M South Miami Land Development Code by changing the zoning use district from "PP Pubholmolitabonal Zoning Use District to "113.3" Law - Density Residential Zoning, Use District for the property.identifiedes the Rothan Residence located at 7435 SW 66 Avenue (Folio No. 09.4036.05" -DOW); providing for severabiilty; providing for ordinances in omi let; and providing an effective dale. All Interested phase are tol to ahmd, Uhfec0uri or exinescoa of approval maybe made in paleem at Me hearingar Ned N wdilef "derto or at the hearing, The planning Board reserve the rights recommend to the rAry Commission whatever the boom camitlers in the best interest for the area involver. interested varies raabeslia Wormalbn are aspsm saint the FlmWng and agree personate by calfing 306e63.6326 or wdta g to fie sources Initiated above. resume ereby advised that kanyperaon &seas to appal any dedslm madew➢h real anymador considered sift sus meunng or hearing, such parson' W6:nadareagmal the p ccediarS. and for both purpose may poet to chose eatavelbatea Mea der mg Moceedeas Ia mad8: wnkfl regard Morgan the WSUrar ry.and 00dance uponcon e; the appoal issbe boson lES.286.m0.5}. Rotor s having numberwhen metdm arc /lasulry. To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Department PB -10 -045 Applicant: City of South Miami Location: 7435 SW 66 Avenue Date: November 30, 2010 Re: LDC Rezoning PI to PR Rothan Residence 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/InstitutionaI 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. SUMMARY OF REOM I The subject application would amend the zoning use district on the property. The subject property's current zoning is "PI" Public /Institutional Zoning Use District must be changed to "RS -3" Low - Density Residential 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 which is occupied by a single family home. The corrective action was suggested by the property owner and a member of the City Commission. The FLUM change was adopted on September 7, 2010 via Ordinance No.23 -10 -2048, and was accepted by the Florida Department of Community Affairs as a small scale amendment in a communication dated October 15, 2010. RECENT HISTORY OF THE SITE The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3 (Single - Family) from 1971 until 1989 according to records and maps in the Planning and Zoning Department. In 1989 the City produced the first Future Land Use Map as required by the (then new) State Comprehensive Planning Act. This map indicated that the subject property was in the Public and Semi Public (Four Story) future Iand use map category, the same category as the Ludlam EIementary School abutting the property to the north. The City has no record as to why Re- Zoning 7435 SW 66.Ave. November 30, 2010 Page 2 of this property, which was clearly a single - family home and owned by a private party, would have been placed in that category. That error also resulted in the 1989 Official Zoning Use map also showing the property in the "PI" Public / Institutional Zoning district, which remains the current zoning use district. The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in the 1996 EAR. The Future Land Use Map category for this property was indicated as Educational (Four - Story) the same category assigned to the Ludlam Elementary School immediately abutting the single family home. PROPOSED AMENDMENT REVIEW The proposed re- zoning for 7435 SW 66 Avenue will be to remove the current "Pl" Public / Institutional Zoning district, and replace it with the "RS -3" Low - Density Residential Zoning Use District. The current zoning use district on the property makes the single - family home a non- conforming use which means the existing structure can not be enlarged in any way and if destroyed the home could not be rebuilt. SIT E ANALYSIS Parcels Comprehensive Plan Existing Land Use Cate ory Land Development Code Existing Zoning District Actual Use 140rth - — Educational (Four Story) Pl, Public /Institutional _Public school East Single Family Residential RS -3 Canal and Single family homes South Single Family. Residential RS 3 Single family homes West Single Family Residential RS -2 (Semi- Estate Residential) Single family homes Compatible with Comprehensive Plan. A rezoning of property 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. STAFF OBSERVATIONS The current zoning district of "PI" Public / Institutional will need to be changed to the 46RS -3" Single Family Residential 1'o ! a; District. Re- Zoning 7435 SW 66 Ave. November 30, 2010 Page 3 of 3 1. The property is surrounded on three sides by single- family zoning districts. The use of that property for school or educational purposes would not be a compatible land use. 2. The existing zoning district, PI, would allow for any number of institutional type uses including schools. The maximum height in the PI zone district in that location would be two stories. The uses allowed by the current zoning district would not be compatible with the surrounding single family neighborhood, 2. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan and with the land use map category currently assigned to the property. 3. The amendment is needed in order to accurately reflect the actual use on the site and to protect the surrounding residential community from inappropriate land uses. RECOMMENDATION It is recommended that the proposed change of zoning use district from "PI" Public/Institutional Zoning Use District to "RS -3" Low- Density Residential Zoning Use District for the property identified located at 7435 SW 66 Avenue be approved. Attachments: Location map Ordinance No.23 -10 -2048 Florida DCA Letter, October 15, 2010. Copies of Public Notice TJV/ /SAY X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \11- 30- I0\PB -10 -045 LDC Rezone. Rothan.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 DRAFT. 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 Consultant), Mr. Cabrera - Hernandez (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 Plamiing 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. 1V. 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 severabiliity; 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 "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. 094025- M 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 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. Parfan 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 "PP' PubIicllnstitutional 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 (Pl) 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 3)0, 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. NdinutesI A) The meeting minutes of October 26, 2010 and November 9, 2010 have been deferred. VII. 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