Ord No 36-11-2109ORDINANCE NO.- 36-11-2109
An 'Ordinance amending the City of the South Miami Comprehensive flan to
amend the current future land use naap, category titled "Public / Institutional Uses
(Four- Story)."
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, On April Z6, 2011 the Local Planning Agency (LPA) after public
hearing, adopted a motion by a vote of 5 ayes and 2 nays (Whitman and Vitalini)
recommending approval of the new category entitled "Public / Institutional (Two- Story)."
WHEREAS, On May 3, 2011 the City Commission after public hearing, adopted a
motion to withdraw the new future land use map category entitled "Public / Institutional (Two -
Story)." The fact is that we currently have a category entitled "Public / Institutional Uses (Four-
Story)," that needs to be amended by deletion of religious and educational. The Planning and
Zoning Department was instructed to review this existing land use category entitled "Public /
Institutional Uses (Four- Story)."
WHEREAS, the Local Planning. Agency (LPA)at its meeting on May 24, 2011 after
public hearing, had a split vote by a vote of 3 ayes 3 nay (Whitman, Yanoshik, and Vitalini), and
could not agree on whether the category should be changed from Public / Institutional (Four -
Story) to Public / Institutional (Two- Story).
NOW, THEREFORE, HE IT ORDAINED BY THE MAYOR AND THE CITY
C01YIMISSION OF THE CITY OF SOUTH NHAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves amending the Comprehensive
Plan Future Land Use Element by amending. the current future land use map category
titled "Public / Institutional Uses (Four- S"tory);" which shall be included in Chapter 1
Future Land Use Element and shall read as follows:
Ord, No, 36 -11 -2109
Public / Institutional Uses (;~ our- Stery)
The public and institutional land use category will be applied to development projects
and properties providin is intended ye pr ide ^- peblie sehoe'ss, governmental
municipal facilities and utilities, ehare es, temples, syfiagepes and could also permit
other ancillary uses similar uses. Areas designated public and institutional should not be
used for other purposes without an amendment to this plan. - ~" ~~ eould
plan. pennLit public and institE4ieiial tises eii sites net so designated by this Building
hei&s shall not exceed the .average of the maximum permitted in the surrounding
districts. but in no case shall a building exceed four stories. 'nom}
Section 2• Effective Date. This e_a._„ftee shall beeeme effe five at the
The effective date of this 11an amendment, if the
amendment is not timely challenged, shall be 31 days after the state land planning agency notifies
the local government that the plan amendment 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
noncompliance is issued by the Administration Commission, this amendment may nevertheless
be made effective by adoption of a resolution affirm nu its effective status, a copy of which
resolution shall be sent to the state land-planning a ee ncy,
PASSED AND ADOPTED this 1 stday of November , 2011
ATTEST: APPROVED:
1st Reading: 6/14/11
2nd Reading: 11/1/11
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
5 -0
Yea
Yea
Yea
Yea
Yea
South Miami
ARmeHCaCRY
CITY OF SOUTH MIAMI l
OFFICE OF THE CITY MANAGER
INTER-OFFI-CE MEMORANDUM 2001
l o: The:Honorabie Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager/
From: Christopher Brimo, AICP, Planning
Date: November 1, 2011 ITEM NO,
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 / Institutional Uses (Four- Story)."
SUMMARY OF REQUEST
A Comprehensive. Plan Future Land Use text amendment was initiated at a workshop
held by the City Commission on April 12, 2011. At the workshop, it was decided to
adopt a new future land use map category titled "Public / Institutional (Two- Story)."
On April 26, 2011 the Local Planning Agency (LPA) after public hearing, adopted a
motion by a vote of S yeas and 2 nay (Whitman and Vitalini), recommending approval of
the.new category titled "Public / Institutional. (Two - Story)."
On May 3, 2011 the City Commission after public hearing, adopted a motion to withdraw
the new future land use map category titled "Public / Institutional (Two- Story)." The fact
is that the City currently has a category titled " Publio / Institutional Uses (Four- Story),"
that needed to be amended by deletion of religious and educational uses. The Planning
and Zoning Department was instructed to review this existing land use category titled
"Public / Institutional Uses (Four- Story)." The City Commission approved or first
reading the creation of two new categories, Religious.and Educational uses; so they could
be removed from the Public/ Institutional use category. These amendments are scheduled
for transmittal to the Department.of Community Affairs..
On May 24, 2011 the Local Planning Agency (LPA) after a public hearing, .adopted a
motion, a vote of 3 yeas and 3 nay (Whitman, Yanoshik, and Vitalmi) recommending
approval. to amend the current category titled "Public. / Institutional (Four - Story)."
The City Commission at its June 34, 2011 meeting passed on first reading, an .amended
future land use map category for "Public /Institutional (Four - Story) "; the proposal passed
by a vote of 4 "' -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 I I- I °ESR.. The DCA
and respective agencies found that the proposed.amendxnent has no adverse impact. The
City may now adopt dins proposed plan amendment. Upon.fv -gal 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. As
previously noted, the backup .comments from the DCA and respective agencies for the
amendment package I I -IESR are attached to the first ordinance..
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION (FROM
JUNE A 2011)
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 requires the
adoption of an ordinance by the city commission after receiving a recommendation from
the City's Local Planning Agency. Following adoption of the application by the City
Commission, the application package is then submitted to the Florida Department -of
Community Affairs (DCA) for review and approval.. For additional information on the
process, please refer to line item #11 of the attached Comprehensive Plan 2010 Cycle 2
Chart.
ANALYSIS
NATURE OFF THE PROPOSED USE
As per the Zoning Use District, Section 20- .3.1(13) of the Land Development Code, the
purpose of the Public /Institutional District is as follows:
(28) "PI" Publicllnstitutional District: The purpose of this district is to provide for schools,
governmental facilities, utilities and churches and similar uses, with building heights
and intensities compatible with surrounding districts. This district is appropriate in
areas designated "Public and Semi - Public" on the city's adopted Comprehensive Plan.
CURRENT LAND USE CATEGORY
The land use category that is currently in the Comprehensive Plan reads as follows:
Public Institutional Uses (Four- Story)
The public and institutional land use category is- intended to provide for public schools,
municipal facilities; utilities, churches, temples, synagogues and similar uses. Areas
designated public and institutional should not be used for other purposes. without an
amendment to -this plan. Zoning regulations could permit public and institutional uses on
sites not so designated by this plan (97 -IER)
PROPOSED FUTURE LAND USE CATEGORY
PublitJ Institutional Uses (Four- Story)
The public and institutional land use category will be applied to .development protects.
and properties prow dmQ 4 ; ,governmental
opal facilities and utilities, ^'t •.
G ~� syriegegues and could also permit
-other ggqLIM uses sii3Aaf rises. Areas designated public and institutionaf should not be
used for other purposes without an amendment to this plan. Ze ffi g, regulations could.
Buldina
heights
shad
not
exceed
the
average
of
thn maeimthn permitted
in the
surrounding
districts
but in no
case shall
a
buildine
exec ed
four
twe stories, (9 3 3
AMENDEE FUTURE LAND USE CATEGORY
In order to create an appropriate land use category and.zoning.district that would assist in
implementing the strategy, the Planning and Zoning. Department, working with the City
Commission have revised. the current future land -use element which could be applied to
areas that specifically require govermnental and utility services and ancillary uses. The
following parameters were used to develop the category:
1. The new land use category, cannot exceed the maximum of four (4) stories.
2. The maximum building height for the new land use category shall be as per the
following sub - parameters:
a. Compatible with the, surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G) of the Land Development Code;
3. The maximum density for the new and use category shall be as per the following
sub- parameters:
a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G} of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
The attached "Public / Institutional Uses (Four- StoDT' category is the proposed future
land use map amendment. If the attached land use 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 over designated properties.
M
EXCERPT FROM LAND D'E Wz:Ol'MENT CODE 4 SECTION 20- 3 »5(Q)
Section 20 -3.5G
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIREMENT
RO
LO
MO
NR
SR
OR
I
Min. Lot Size
Net Area (sq. ft.)
79500
7,500
10;000
71500
5,000
10,000
51000
Frontage (ft)
75
75
100
75
50`
100
50
Min_ Setbacks (ft.)
Front
25
20
156
25
106
20
20
Rear
20.
15
10
15
10
15
a
Side (Interior)
10
10
0 .
—
—
—
Side (Street)
20
15
10
15
job
15
15
Adj. Res. Dist.
25
25
25
25
25
25
25
Side(w /driveway)
20
20
20
20
20
20
20
Between Buildings
20
20
20
—
—
—
—
Max. Building Height
Stories
2
2
4
2.
4
2
2
Feet
25
30
50
25
50
30
30
Max. Building
Coverage ( %6)
30
—
—
—
—
—
—
Max. Impervious
.
Coverage t70
75
80
85
75
90
85
85
Max. Floor Area
Ratio (FAR)
030
50
1160
.25
1.60
.80
- .80
a 5' setback with wall
opening adjacent to rear property line; no
setback if no openings in
wall.
6 Applies to ground floor only; columns
are permitted within the setback.
Columns shalll not
be greater than 24 inches in
diameter; columns on the propertyline shall not be closer
to each other than 10 feet.
` The frontage requirement does
not apply to uses in
the Ski District.
RECOMMENDATION
It is recommended that the amendment set forth above be adopted on i'nal reading and
transmitted to the State.
Attachments:
Draft Ordinance
Public Notice
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