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Ord No 34-11-2107ORDINANCE NO. 34 -11 -2107 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Low Density Multiple- Family Residential (Two - Story)," which in the future could be applied to development projects and properties providing multiple - family units or townhouse units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statues, directs local governments to adopt needed amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and development; and WHEREAS, On April 12, 2011, the City Commission held an advertised workshop that initiated various text amendments to the South Miami Comprehensive Plan; and WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending approval of the proposed amendment with the condition that the density be reduced from 20 units per acre to 18 units per acre; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby approves amending the Comprehensive Plan Future Land Use Element by adopting a new future land use map category entitled "Low Density Multiple- Family Residential (Two- Story)," which shall be included in Chapter 1 Future Land Use Element and shall read as follows: Low Density- Multiple Family Residential (Two Story) The Low Density- Multiple Family Residential (Two Story) future land use map category is intended to be applied to development proiects and properties providing multiple - family units or townhouse units in transitional residential neighborhoods. Permitted heights, densities, and intensities shall be set forth as part of a and maximum residential density of 20 units per acre. Ord, No, 34 -11 -2107 2 Section 2: Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent Jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. The sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and the word "ordinance" may be changed to "section" or other appropriate word. Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. trse�.Ee �e��sees�� �+see!r�sr+ste:rES=s. _ •. • .. Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affimung its effective status, a copyof which resolution shall be sent to the state landpIanning any, PASSED AND ADOPTED this 1 stday of November , 2011 ATTEST: APPROVED: Gel,. CLERK 1st Reading: 5/3/11 2nd Readi : 11/1/11 READ _ PROVED A T L LEGALITY THEREOF Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami r, MIAMI CITY OF SOUTH 1111 X ANA f INTER-OFFICE OFFICE OF THE CITY MGER MEMORANDUM To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City 1VIanage %`GJ From: Christopher Brimo, AICP r Planning Director Date: November 1, 2011. ITEM NO, Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Low Density Multiple -Family Residential (Two - Story)," which in the future could be applied to development projects and properties providing multiple -family units or townhouse units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. BACKGROUND The City Commission at its May 3, 2011 meeting passed on first reading, the new future land use map category of "Low Density Multiple- Family Residential (Two -Story) by a vote of 5 -0. This proposed amendment was transmitted to the Florida Department of Community Affairs (DCA) and respective agencies pursuant to Section 163.3184 (2) and (3), Florida Statutes, as part of an amendment package designated 1 I -IESR. The DCA and respective agencies found that the proposed amendment has no adverse impact. The City may now adopt this proposed plan amendment; upon.final adoption, the item will be transmitted to the State pursuant to the requirements of Chapter 163, Florida Statutes. It is important to note that the effective date of the ordinance has been amended with language received from the State, to reflect statutory requirements for expedited reviews: BACKUP MATERIAL FOR PLAN AMENDMENTS Also included as a part of the backup material for this item are the comments from the DCA and respective agencies. Please note that the comments pertain to all the proposed plan amendments that were transmitted, and which are part of the amendment package designated 11 -IESR. In the interest of saving on the duplicating costs, the comments from the various agencies will only be reproduced with this item. The remaining four (4) amendments will not have this material attached. COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION (FROM MAY 3 2017. CITY COMMISSION MEETING) A change in the Comprehensive Plan Future Land Use Element can be initiated by a property owner, the Local Planning Agency and the City Commission. An amendment to the City's Comprehensive Plan document or the future land use map category requires the adoption of an ordinance by the city commission after receiving advise from the City's Local Planning Agency Following adoption of the application by the City Commission, the application package is then submitted to other agencies and the Florida Department of Community Affairs (DCA) for review and approval. It was recognized that the existing future land use map category of Single- Family Residential zoning district would not permit any form of housing except single- family. The objective of maximizing housing requires the creation of a new category to the Comprehensive Plan Future Land Use Element. NEW FUTURE LAND USE CATEGORY The Planning and Zoning Department working with Commissioner Beasley has prepared a new Future Land Use Category. The following parameters were used to develop the new future land use category. (1) The new land use category must mandate that development be either town homes units or multi - family units. (2) The maximum height permitted by the new land use category should be two stories which would be compatible with all transitional residential areas. (3) The maximum residential density should be set at 20 units per acre. This number would allow development at a level proposed to the CRA Board by Habitat for Humanity. (4) The 20 units per acre number is between the City's current highest residential densities in the LDC of 18 units per acre in the RM -18 District, and 24 units per acre in RM -24 District. It is below the current maximum units per acre of 24 which is allowed in the Multi - Family Residential (Four -Story) which is the maximum permitted by any current land use category. It is important to note that prior to 1997 the City did have a Low Density Multi- Family Residential (Two Story) future land use map category which had a maximum height limit of two stories and a maximum of 18 units per acre. The 1997 EAR amendments removed that category and changed the land use category on the map for all properties within that category to a new Multi- Family Residential (Four Story) category. The expressed purpose was to simplify the number of land use categories; however, little consideration, was given to the fact that these properties abutted single family homes. If the "Low Density - Multiple Family Residential (Two Story)" category is approved and adopted by the City Commission, the City can then proceed to change the Future Land Use Map by applying this category to appropriate properties. LOCAL PLANNING AGENCY RECOMMENDATION The Local Planning Agency at its meeting on April 26, 2011 after public hearing, adopted a motion by a vote of 7 ayes 0 nay recornmending approval of the proposed amendment with the condition that the density be reduced from 20 units per acre to 18 units per acre. RECOMMENDATION ION It is recommended that the amendment set forth above be adopted on fugal reading and transmitted to the State. Attachments: Draft Ordinances DCA and Agency Comments Public Notices CB ZAComm ltems\2011 \11- 1.11\Final - Comp.Plaa Ord Low Density MF Res \FLUM Text Low Dea MF_report.doc STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" RICK SCOTT August 8, 2011 BILLY BUZZETT Govemor Secretary Mr. Christopher Brimo, Director ft< ^( City of South Miami Planning and Zoning Department ^.; a,M1 aza 6130 Sunset Drive SouthMiami,"Florida 33143 Dear Mr. Brimo: Thankk you for submitting the. City of South Miami's proposed comprehensive plan amendments submitted for our review pursuant to the Expedited State Review process. The reference number for this amendment package is South Miami 11- 1ES1t. The proposed submission package will be reviewed pursuant to Section 163.3184(3), Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. You will receive the State Land Planning Agency's Comment Letter no later than September 7, 2011. If you have any questions please contact James Stansbury, Regional Planning Administrator, whom will be overseeing the review of the amendments, at (850) 487 -4545. Sincerely, D. Ray Eubanks, Administrator Plan Review and Processing DRE/a£ 2555 SHUMARD OAK BOULEVARD a TALLAHASSEE, FL 32399 -2900 850 - 488 -8466 (p) P 850 - 929 -0781 (f) a Website: www.dca.state.fl.us • COMMUNITY PLANNING 850488.2356(p) 850A88-330e(0 a FLORIDAGOMMUNITIBS TRUST 850922- 2207(p) 850921.1747(f) a e HOUSING AND COMMUNITY DEVELOPMENT 850 488- 7956(p) 850- 922.5623(f) DEPARTMENT OF COM�MUNJrTY AFFAIRS "Dedicated to making Florida w better place to ca/l home" RICK SCOTT Governor MEMORANDUM TO Jim Quinn, DEP Susan Harp, DOS Tracy Suber, DOE Phil_ Steinn filler, FDOT6 Rachel M. Kalin, South Florida RPC Jim Jackson, South Florida WMD Subrata Basu, Miami -Dade County DATE: August 8, 2011 SUBJECT: EXPEDITED STATE REVIEW PROCESS BILLY SUZZETT Secretary AUR Ei r, 20111 COMMENTS FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT LOCAL GOVERNMENT/ STATE LAND PLANNING AGENCY AMENDMENT #: South Miami 114ESR STATE LAND PLANNING AGENCY CONTACT PERSON/PHONE NUMBER: James Stansbury /850 -487-4545 The referenced proposed comprehensive plan amendment is being reviewed pursuant the Expedited State Review Process according to the provisions of Section 1633184(3), Florida Statutes. Please review the proposed documents for consistency with applicable provisions of Chapter 163, Florida Statutes. Please note that your comments must be sent directly to and received by the above referenced local government within 30 days of receipt of the proposed amendment package. A copy of any comm eats shall be sent directly to the local government and ALSO to the State Land Planning Agency to the attention of Ray Eubanks, Administrator, Plan Review and Processing at the Department E -mail address: DCPey ternalave tcvcomrel tsndca state. n.us Please use the above referenced State Land Planning Agency AMENDMENT NUMBER on all correspondence related to this amendment. Note: Review Agencies - The local government has indicated that they have mailed the proposed amendment directly to your agency. See attached transmittal letter. Be sure to contact the local government ifyou have not received the amendment. Also, letter to the local government from State Land Planning Agency acknowledging receipt of amendment is attached. 2655 SHUMARD OAK BOULEVARD s TALLAHASSEE, FL 32399 -2100 850.488 -8466 (p) e 850- 921 -0781 (f) a Website: www.dca.state.fl.us o COMMUNITY PLANNING 850.488.23560) 850 - 488 - 3309(1) • FLORIDA COMMUNITIES TRUST 850. 922- 22070 850- 921-7747(f) o � a0U31NG AND COMMUNnY DEVELOPMENT 850. 488- 79%Ip) 656922.55230) c PLANNING & ZONING DEPT. 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 TEL: 305 -663 -6326 FAX: 305 -668 -7356 August 1, 2011 Mr. Ray Eubanks, Plan Processing Administrator Florida department of Community Affairs Division of Community Planning ^ 2555 Shumard Oaks Boulevard Tallahassee, Florida 32399 RE: 'Transmittal of City of South Miami Comprehensive Plan Amendments. Dear Mr. Eubanks: Transmitted herein is the City of South Miami 2011 Comprehensive Plan amendment submittal to the Department of Community Affairs ()CA). The attached "text" amendments were initiated by the City of South Miami as a result of the City's most recent Evaluation and Appraisal Report. The amendments [ordinances) were reviewed by the City's Local Planning Agency and forwarded to the City Commission for review and first reading. Following the DCA and Agency review and comment, the City Commission, following a second public hearing, will adopt the proposed ordinances. The proposed text amendments are not applicable to an area of Critical State Concern, nor are they subject to a joint planning agreement. Included with this transmittal are the following proposed amendments: Z. Applicant: City of South. Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Low Density Multiple- Family Residential (Two - Story)," which in the future could be applied to development projects and properties providing multiple - family units or townhouse units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. 2. Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to amend the future land use map category entitled "Public/Institutional (Two-Story)," removing schools (educational) and churches from the category; which could be applied to development projects and properties providing governmental facilities, utilities and could also permit other ancillary uses implemented I- PLANNING & ZONING DEPT. 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 TEL: 305 -663 -6326 FAX: 305 -668 -7356 by the category, with building heights and intensifies compatible with surrounding districts; providing for severabioty, providing for ordinances in conflict; and providing an effective date. 3. Applicant: City of South Miami An Ordinance of the Mayor.and. City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Religious (Two- Story)," which could be applied to development projects and properties providing religious facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts; providing for severability, providing for ordinances in conflict; and providing an effective date. 4. Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Educational (Two- Story)," which could be applied to development projects and properties providing educational facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts; providing for severability, providing for ordinances in conflict; and providing an effective date. 5. Applicant: City of South Miami An Ordinance of the City of South Miami, Florida, amending the City of the South Miami Comprehensive Plan to amend the current future land use map category titled "Public I Institutional Uses (Four - Story)." 6 Applicant: City of South Miami An Ordinance of the City of South Miami Florida, amending the City of South Miami Comprehensive Plan to adopt a new future land use map category titled "Mixed Use - Commercial / Residential (Two Story)." 7. Applicant: City of South Miami An Ordinance of the City of South Miami, Florida, amending the City of South Miami Comprehensive Plan to adopt a new future land use map category titled "Hospital' The.following Exhibits are included with this transmittal: Exhibit 1: Staff report and analysis; Exhibit 2: Proposed Text Amendment Ordinances; Exhibit 3: Legal advertisements; Exhibit 4: City Commission "after action summary "; Exhibit 5: Local Government Contact Information. If you have questions or need additional information, please do not hesitate to contact me at (305) 663- 6326 or cbrimo(a)southmiamifl.2ov. M Since iy, ` sto er Brimo, AICP, Director Planning and Zoning Deportment -2- PLANNING & ZONING DEPT. 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 TEL: 305- 663 -6326 FAX: 305 -66 87356 cc: (including all exhibits) Department of Environmental Protection Jim Quinn, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, Florida 32399 -3000 Department of State Susan Harp, Historic Preservation Planner Bureau of Historic Preservation 500 South Bronough Street Tallahassee, Florida 32399 -0250 Department of Transportation, District Six Phil Steinmiller, Planning Section 1000 NW III Avenue Miami, Florida 33172 South Florida Regional Planning Council Rachel M. Kalin 3440 Hollywood Boulevard Hollywood, Florida 33021 South Florida Water Management District Jim Jackson, A.LC.P., Senior Supervisor Planner Post Office Box 24680 West Palm Beach, Florida 33416 -4680 Department of Education Tracy D. Suber, Educational Consultant - Growth Management Liaison Office of Educational Facilities 325 West Gaines Street, Suite 1014 Tallahassee, Florida 32399 -0400 Miami -Dade County Department of Planning and Zoning Marc C. LaFerrier Director 111 NW 1ST Street, I Ith floor Miami, FL 33128 .3. STATE Oi FLORIDA "Dedicated to making Florida a better place to colt home" RICK SCO77 Govemor September 7, 2011 The Honorable Philip K. Stoddard, Ph.D., Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Stoddard: BILLY BUZZETT Secretary The State Land Planming Agency (the Agency) has completed its review of the proposed South Miami Comprehensive Plan Amendment 11. -IESR which was received on August 8, 2011. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comments related to important state resources and facilities within the agency's scope of review that would be adversely impacted by the amendment if it is adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City regarding these proposed amendments. The comments from the review agencies could form the basis for a challenge by this Agency. If other reviewing agencies provide comments, we recommend that the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments may form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, if the second public hearing is not held within 180 days of your receipt of the agency comments, and the timeframe is not extended by agreement, Section 163.3184(3)(c)1, F.S. provides that the amendment will be deemed to have been withdrawn. For your assistance, we have attached procedures for adoption and. transmittal of the comprehensive plan amendment. If you have any questions, please call Caroline Knight, Principal Planner, at (850) 922 -1773 or by email.: caroli ne.knight @dca.state.tl.us. . ncereiy, �I times D. Stansbury Region at Planning Administrator JDS /ck cc: Mr. Christopher Brfmb, Director, Planning & Zoning Department, City of South Miami Mr. James F. Morley, interim Executive Director, South Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD 0 TALLAHASSEE, W. 850 -488 -8466 (p) 0 850- 921 -0781 N 0 Webslte: wvrw.Lca state fi.us 0 WMMDNITY PLANNING 856.588.2356 111) 850.486 - 3309(0 0 STATE Oi FLORIDA "Dedicated to making Florida a better place to colt home" RICK SCO77 Govemor September 7, 2011 The Honorable Philip K. Stoddard, Ph.D., Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Stoddard: BILLY BUZZETT Secretary The State Land Planming Agency (the Agency) has completed its review of the proposed South Miami Comprehensive Plan Amendment 11. -IESR which was received on August 8, 2011. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comments related to important state resources and facilities within the agency's scope of review that would be adversely impacted by the amendment if it is adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City regarding these proposed amendments. The comments from the review agencies could form the basis for a challenge by this Agency. If other reviewing agencies provide comments, we recommend that the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments may form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, if the second public hearing is not held within 180 days of your receipt of the agency comments, and the timeframe is not extended by agreement, Section 163.3184(3)(c)1, F.S. provides that the amendment will be deemed to have been withdrawn. For your assistance, we have attached procedures for adoption and. transmittal of the comprehensive plan amendment. If you have any questions, please call Caroline Knight, Principal Planner, at (850) 922 -1773 or by email.: caroli ne.knight @dca.state.tl.us. . ncereiy, �I times D. Stansbury Region at Planning Administrator JDS /ck cc: Mr. Christopher Brfmb, Director, Planning & Zoning Department, City of South Miami Mr. James F. Morley, interim Executive Director, South Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD 0 TALLAHASSEE, FL 342399-2100 850 -488 -8466 (p) 0 850- 921 -0781 (f) 0 Webslte: wvrw.Lca state fi.us 0 WMMDNITY PLANNING 856.588.2356 111) 850.486 - 3309(0 0 fiORMA CDMIAUNmES :BUST 850- 922 - 2207 (0) 850.921.1747(0 0 ❑ NDUSTNG FND COMMUNITY DFVB.DPMENT 850. 488 -9856 jp) 850. 922 - 5623(0 0 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN! AMENDMENTS FOR EXPEDITED STAT E REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, one of which must be a complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided tamely comments to the local government the appropriate Regional Planning Council; Water Management District; Department of Transportation; Deportment of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local govemments, the appropriate military Installation and any other local government or governmental agency that has filed a written request: SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendments) has been submitted to all parties that provided timely comments to the local govemment; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following Information in the amendment package: In the case of text amendments, changes should be shown in strike - through /underline format, In the case of future land use map amendments, an adopted future land use map, tr. color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: if the focal government is relying on previously submitted data and analysis, no additional data and analysis is raquired; _ Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shaft be 31 days after the state land planning agency notif es the local government that the plan amandment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order .of noncompliance is issued by that Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming Its effective status, a copy of which resolution shall be sent to the state land planning agency. List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. South Florida Regional Planning �A. Council AGENDA ITEM #HLF.1 DATE: SEPTEMBER 12, 2011 TO: COUNCILMEMBERS FROM: STAFF SUBJECT: CITY OF SOUTH MIAMI PROPOSED COMPRE IENSiVE PLAN AMENDMENT #11 -IESR Community Profile The City of South Miami, "The City of Pleasant Living" and a designated All American City, was incorporated in 1926, making it the ninth municipality formed in Miami -Dade County. Approximately three miles south of the City of Miami, South Miami. encompasses 2.5- square miles within Miami -Dade County. It borders the University of Miami's main campus and the City of Coral Gables and Village of Pinecrest. U.S. Highway l carries tens of thousands of vehicles through the city on a daily basis. The "town center' area east of U.S. I is a vibrant shopping, dining and entertainment venue with a downtown feel. Two major hospitals within the city provide employment and services to people throughout the county and beyond. South Miami's 2010 population was 11,657, an 8.5 percent increase from its 2000 population. The general location of the City is shown in Attachuent 1. Amendment Review The South Florida Regional Planning Council (SFRPC) review of proposed comprehensive plan amendments for consistency with the Strategic Regional Policy Plan for South Florida (SRPP) primarily addresses effects on regional resources or facilities identified in the SRPP and extra jurisdictional impacts that would be inconsistent with the comprehensive plan of the affected local government 0163.3184(5), Florida Statutes). The Council's review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff reviews the contents of the amendment package once the Department of Community Affairs certifies its completeness. Objections and Comments relate to specific inconsistencies with relevant portions of the SRPP, which was adopted pursuant to Rule 29f-2.009, Florida Administrative Code. Council staff will work with local governments to address Objections and Comments identified during the review of a proposed amendment between the transmittal and the adoption of the amendment. Summary of Staff Analysis Proposed amendment package #11 -IESR consists of Evaluation and. Appraisal Report (EAR) -based text amendments to the Future Land Use Element. The proposed amendment is being processed and reviewed under the Expedited State Review Process. Comments must be submitted to the City no later than September 7, 2011. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985 -4416, Elsewhere in the State (800) 9854416 FAX (954) 985 -4417, e -mail: sfadmin0sfrae.com, website: vAvw.sfmc.com The proposed amendment package consists of seven (7) text changes for new, future land use designations to the City of South Miami's Comprehensive Plan Future Land Use Element, to enhance compatibility between residential and commercial uses. These amendments are based on recommendations made during the 2006 Evaluation and Appraisal Report (EAR). The following Future Land Use Map categories are being proposed. However, none are being applied to the FLUM at this time. 1. The proposed Low Density Multiple - Family Residential (Two Story) Category would limit the maximum density for new residential projects to 20 units per acre and to a maximum height of two stories; facilitating compatibility with transitional residential areas. 2. The Public /Institutional (Two Story) Category would be amended to remove educational and religious facilities .as a sub - category; allow the development of governmental facilities, utilities, and ancillary uses; and limit building height to two stories for greater compatibility with surrounding uses. 3. The Public /Institutional (Four -Story) Category would be amended, to remove educational and religious facilities as a sub - category; allow the development of governmental facilities, utilities, and ancillary uses; and limit building height to four stories for greater compatibility with surrounding uses. 4. The proposed Religious (Two-Story) Category will guide the development of religious facilities and ancillary uses and limit building height to two stories for greater compatibility with surrounding uses. 5. The proposed Educational (Two -Story) Category will guide, the development of educational facilities and ancillary uses and limit building height to two stories for greater compatibility with surrounding uses. 6. The proposed Mixed Use - Commercial /Residential (Two Story) Category will guide mixed commercial and retail uses as long as one floor contains residential development. The Future Land Use Map category would also limit building height to two stories for greater compatibility with surrounding uses. 7. The proposed Hospital category would allow the development of health facilities in areas that could support the resulting building Neigh intensities, and transportation and traffic demands. The City of South Miami Commission approved (5-0) the transmittal of proposed text Amendment 1, at its May 3, 2011 meeting. The City of South Miami Commission approved (4-1) the transmittal of proposed text Amendments 2, 4, and 5, at its May 3, 2011 meeting. The City of South Miami Cormission approved (4.0) the transmittal of proposed text Amendment 3, at its June 14, 2011 meeting. The City of South Miami Commission approved (4.0) the transmittal of proposed text Amendments 6 and 7 at its July 190, 2011 meeting. Staff analysis confirms that the proposed text amendments are generally consistent with the Goals and Policies of the Strategic Regional Policy Plan for Sout& Florida. Recommendation of Consistency with the Strategic Regional Policy Plan (SRPP) Find City of South Miami proposed amendment package #111ESR generally consistent with the Strategic Regional Policy Phan for South Norida. Approve this staff report for transmittal to the City, with copies to.the Florida Department of Community Affairs. MIAMI-LADE; 'I SOUTH MIAMI I / PINECREST General Location Map City of South Miami Proposed Amendment Package #11 -IESR Sources: FDEP, SFWMD, Miami -Dade County, SFRPC. Note: For piamiine purposes only%. AYi distances are ap ms's n � .,,�, . MIAMIDADE miamidade.gov September 2, 2011 Planning and Zoning 111 NW 1 st Street e Suite 1210 Miami, Florida 33128 -1902 T 365-375-2800 Mr. Christopher Brimo, AICP, Director Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Proposed City of South Miami Comprehensive Plan Amendments; DCA No. 11 -1ESR Dear Mr. Brimo: The Department of Planning and Zoning (Department) has reviewed the seven proposed City of South Miami Comprehensive Plan amendments. Our review is conducted to identify points of consistency or inconsistency with goals, objectives, policies and relevant provisions of the Miami - Dade County Comprehensive Development Master Plan (CDMP), and whether the proposed amendments impact County public facilities and services. The applications propose to amend the text of the South Miami Comprehensive Plan Future Land Use Element as follows: Application 1: Adopt a new Future Land Use Map category entitled "Low Density Multiple - Family Residential (Two Story)" to allow townhouse or multi- family residential units, at a density of 18 /dwelling units per acre, within single - family residential zoning districts in Transitional Residential areas; %t �; Application 2: Amend the Future Land Use Map category entitled "Public /institutional (Two I r ps j Story)" to remove schools, churches, temples and synagogues from this �r rk land use category and allow only governmental facilities, utility and ancillary ®j® uses; Application 3: Amend the Future Land Use Element to adopt a new Future Land Use Map category entitled 'Religious (Two Story) " — separated from the 'Public/ Institutional (TLVO Story) category —to allow development projects that provide religious facilities and ancillary uses; Application 4: Amend the Future Land Use Element to adopt a new Future Land Use Map category entitled "Educational (Two Story) " — separated from the Public/ Institutional category-to be applied to projects and properties providing educational facilities and ancillary uses; Application 5: Amend the Future Land Use Map category entitled "Public /Institutional Uses (Four Story)" to remove schools, churches, temples and synagogues from this land use category; Mn Christopher Brimo, AICP September 21 2011 Page 2 of 2 Application 6: Adopt a new Future Land Use Map category entitled "Mixed Use - Commerciai /Residential (Two Story)" to alloy mixed use commercial /office uses; proposed projects are required to contain a residential component regardless of use (at a minimum one floor must contain residential); and Application 7: Adopt a new Future Land Use Map category entitled "Hospital' to be applied to development projects and properties providing hospital facilities, and to establish permitted heights, densities and intensities. The Department finds the proposed text amendments to the Future Land Use Element and Map generally consistent with the CDMP, and there appear to be no impacts to County public facilities and services. However, the City should submit.Future Land Use Maps indicating: a) the existing and proposed future land use designations of those properties being considered for redesignatiori, and b) properties proposed to receive a new future land use designation. if you have any questions, please do not hesitate to contact me or Mark R. Woerner, Chief, Metropolitan Planning at 305 - 375 -2835. Sincerely, Marc . LaFerrier, AICP Director MCLF:MR NVS:smd Cc: Ray Eubanks, Administrator, Plan Review and Processing Department of Community Affairs August 24, 2011 Department of Fick Scott Florida E U Governor Environmental Protection Jennifer Carroll Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Herschel T. Vinyard, Ir. Secretary Mr. Christopher Brimo Planning and Zoning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami 11 -1ESR; Expedited Comprehensive Plan Amendment Review Dear Mr. Bruno: The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (DEP) has reviewed the above- referenced amendment proposal under the procedures of Chapter 163, Florida Statutes (F.S.). The Department's review focused on potential adverse impacts to important state resources and facilities. Based on our review of the proposed amendment, the Department has found no provision that requires comment under laws that form the basis of the Department's jurisdiction. Thank you for the opportunity to comment on the proposed amendment package. Should you have any questions or require further assistance, please call me at (850) 245 -2169. Sincerely, 4 � V/. Chris Stahl Office of Intergovernmental Programs /cjs ia�nwdepstale.li.us Brimo, Christopher Prom: Stahl, Chris [Chris. Stahl (gtiep.state.ftus] Sent: Wednesday, August 24, 20112:15 PM To: Bruno, Christopher Cc: Craig, Kae; DCPexternalagencycomments @dca.state.fi.us Subject South Miami 11 -1ESR Attachments: South Miami 11- 1ESR.pdf Attached is a no comment letter for the referenced amendment. Chris Stahl The Department of Environmental Protection values its customers' opinions and feedback. Please take a few minutes to share your comments on the service you received from the department by clicking on this link DEP Customer Survey. No virus found in this message. Checked by AVG - www.avg.com Version: 10.0. 1392 / Virus Database: 1520/3854 - Release Date: 08/24/11 8/24/2011 a August 16, 2011 Mr. Christopher Brimo, Planning Director City of South Miami Planning and Zoning. Department 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Brimo: N;. L cSwz,, ,. `' t <U-6 6 i 2i� f u 4.. .dvi, ..g Sr Subject: City of South Miami, DCA #i;11 -1ESR Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by the City of South Miami (City). The submitted package includes proposed text amendments to the Future Land Use Element of the City's Comprehensive Plan that would create five new land use categories and amend two existing land use categories. No amendments are being proposed at this time to designate the new land use categories on the City's Future Land Use Map. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the City, its water supplier, and the Department of Community, Affairs in developing sound, sustainable solutions to meet the City's future water supply needs and to protect the region's water resources. For assistance or additional information, please contact Terry Manning at (561) 682 -6779 or tmanningQsfwmd.gov. Sincerely, Rod A. Braun Director Office of Intergovernmental Programs c: Ray Eubanks, DCA Rachel Kalin, SFRPC Mara LaFerrier, Miami -Dade County Terry Manning, SFWMD James Stansbury, DCA Maria Valdes, Miami -Dade County 3301 Gun Club Road, West Palm Beach, Florida 3M06 ^ (561) 686 -8800 FL WAT51- 800 -432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 w wsfwmd.gov STATE BOARD OF EDUCATION KATHLEEN SHANAHAN. Chan ROBERTO MART&U, Vice Chair Membars SALLYBRADSHAW GARY CHARTRAND DR. AKSHAY RESAT BARBARA S. FEHIGOLD JOHN R. GADGET September 8, 2011 Mr- Chris Brimo, AICP Director, Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 83143 Via E -mail: cbrimo@southmiamifl.aov Dear Mr. Brimo: Re: South Miami 1I.1 (Expedited State Review) vy. Tai w Gerard Robinson Commissioner of Education 3%,!II0ttzL,'id, Thank you for the opportunity to review the proposed South Miami 11 -1 amendment package, which the Office of Educational Facilities received on August 15, 2011. As we discussed by telephone last week, while the amendment does not propose changes to the city's comprehensive plan that appear to create adverse impacts on public school facilities, I would like to offer technical comment for the city's consideration. The amendments include proposed policy text changes to the future land use categories in which public schools are allowed. Last week you said the city had not yet discussed the proposed changes with staff of Miami -Dade County Public Schools and that you will do so prior to adoption of the amendments. That is reassuring because the intensity standards and height limits may conflict with State Requirements for Educational Facilities, which is prohibited by Sections 1013.33(13) and (15), F.S. Coordination with the school district is also important to fulfill requirements of Sections 163.3177(h)l., F -S -, and the city's obligations in Section 7 of the Amended and Restated Intarlocal Agreement for Public School Facility Planning in Miami - Dade County. THOMAS H. INStMA DIREQTOR, OFFICE OF EDUCATIONAL FACILMES 325 W. GAINES STREET 0 SU; rE 1014 =TALLAHASSEE, FtoRiDA 32399 -0400 • (850) 245 -0494 • FAx (850) 245 -9304 MMN fldoe ore Mr. Chris Brimo September 8, 2011 Page 2of2 Again, thank you for the opportunity to review and comment. 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