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Ord No 38-11-2111ORDINANCE NO. 38-11-2111 An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future Iand use map category titled "Mixed Use Commercial / Residential (Two 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 May 24, 2011, the Local Planning Agency board voted unanimously to defer LPA -11 -018, Mixed Use Commercial / Residential (Two Story) land use category to review the differences between the proposed amendment and previous amendments. WHEREAS, On June 21, 2011 the Local Planning Agency at its regular meeting and after a public hearing, adopted a motion by a vote of 5 yeas, 1 nay (Dundorf) recommending approval of the proposed "Mixed Use Commercial / Residential (Two Story)" amendment; and 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 accepts the aforementioned recommendation of the Local Planning Agency and hereby adopts the following amendment to the Comprehensive Plan Future Land Use Element, new land use map category titled "Mixed Use Commercial / Residential (Two Story)." Mixed -Use Commercial / Residential (Two - Story) The mixed -use commercial / residential land use category is intended to provide for different levels of retail uses office uses retail and office services and residential dwelling units that is characteristic of a mixed -use commercial / residential development For development projects and properties providing retail uses at a minimum one floor must contain residential. For office projects at a minimum at least one floor must contain residential. For retail and office 1roiects at a minimum at least one floor must contain residential Properties nnaybe with building heights and intensities compatible with surrounding districts Building heights shah in no case exceed two stories in height. Ord, No, 38 -11 -2111 Permitted heights, densities, and intensities shall be set forth as part of a corresponding use district in the Land Development Code subject to the following maximum levels of development: maximum building height of two stories. Section 2• Effective Date. This or-dinanee shall beeeme egeetive at ^4° ^a ^ ^' ^^ The effective date of this plan amendment, if the ev 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 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 affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED this 15 day of November 2011 ATTEST: APPROVED: ( 2 - � _� Y CLERK 1st Reading: 7/19/11 Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 4 -0 Yea Yea absent Yea Yea CITY Or SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Via: Hector Mirabile, Pb.D., City From: Christopher Brimo, AICP; Dire( Planning & Zoning Department Date: November 15, 2011 Applicant: City of South Miami An Ordinance of the City of South Miami Florida, Miami Comprehensive Plan to adopt a new future "Mixed Use- Commercial / Residential (Two Story)." the City Commission amending the City of Soutar. land use map category titled BACKGROUND The City Commission at its July 19, 2011 meeting passed on first reading, the new future land use map category of " Mixed Use - Commercial / Residential (Two Story)" 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 11 -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 (From April 12, 2011 Workshop and May 24, 2011 PB Meeting) On October 19, 2011 the City Commission adopted Ordinance 43 -10 -2068 amending the future land use map category from Mixed use Commercial/Residential (Four Story), to Mixed Use Affordable Housing (Two Story), for an area identified as a part of the Madison Square Development Project. The item was transmitted to the Florida Department of Community Affairs (DCA) and was acknowledged by the DCA in a letter dated November 2, 2010. On May 9, 2011 the City received a notification letter from the DCA, dated May 4, 2011 stating that the amendment package received on November 1, 2010 and adopted by Ordinance No, 43 -10 -2068 on October 19, 2010, failed to qualify as a small scale development amendment pursuant to Section 163.3187(1)(c); Florida Statues. A Comprehensive Plan Future Land Use Map amendment was discussed at a workshop held by the City Commission on April 12, 2011. During discussions at the workshop, and through farther clarification and inquiries to the Department of Community Affairs (DCA) from the Planning and Zoning Department, it was evidenced that currently there is not an established future land use category entitled "Mixed Use Affordable Housing (Two Story)." The City's adopted EAR based amendments and adopted Future Land Use Map does not show this land use category which was adopted by Ordinance No. 43 -10- 2068 and submitted as a small scale amendment. As a result, the LPA -11 -018 was proposed, and is a Comprehensive Plan Future Land Use text amendment to adopt a new future land use map category entitled "Mixed -Use Cornmercial/Residential (TWo- Story)," and will be applied to those properties where the building heights and intensities need to be compatible with similar, surrounding uses. At the May 24, 2011 Local Planning Agency meeting, the board unanimously voted to defer LPA -11 -018, to determine whether the Mixed -Use Commercial /Residential (Two - Story) proposal is similar to the amendment adopted by ordinance 44 -10 -2069 that created the Mixed -Use Residential /Limited Commercial (Two - Story) and the current amendment [LPA11 -018] therefore necessary. At the June 21, 2011 Local Planning Agency (LPA) meeting the Board debated the need for this additional category since there already exists a Residential /Limited Commercial District (Two Story) category, adopted by Ordinance 44 -10 -2069. Ordinance 44 -10 -2069 adopted on October 19, 2010 dealt with a Comprehensive Plan Amendment, changing the future land use map category from Mixed -Use Commercial/Residential (Four Story) to Residential /Limited Commercial District (Two Story). The difference between the October 19, 2010 amendment and the proposed LPA -11 -018 is that Ordinance 44 40 -2069 was applied to a specific geographic area; those properties facing the west side of SW 62nd Avenue from SW 64th Street to SW 69 h Street, including 6914 SW 62 ❑d Avenue. It was intended to allow for low- density residential development at approximately 6 -upa, and "limited" commercial development in a transition area abutting single family homes. Conivarison Table: Ordinance No. 43 -10 -2068 `...changing the future land use map category from Mixed -Use Commercial/Residential (Four Story) to Mixed —Use/Affordable Housing (Two Story) for an area identified as part of the proposed Madison Square Development Project..." Ordinance No. 44 -10 -2069 `...changing the future land use map category from Mixed -Use Commercial/Residential (Four Story) to Residential / Limited Commercial District (Two Story) for an area identified as all properties fachW the west side of SW 62 °d Avenue from SW 64" Street to SW 69 ' Street, including 6914 SW 62nd Avenue..." LPA -11 -018 to replace Mixed Mixed -Use Commercial / Residential {Two - Story) Use Affordable Housing (Two The mixed -use commercial / residential land use category is intended to provide for different Ievels of retail uses, office uses, retail and Story) office services, and residential dwelling units that is characteristic of a mixed -use commercial / residential development. For development proiects and Properties providing retail uses, at a minimum, one floor must contain residential. For office projects, at a minimum, at least one floor must contain residential. For retail and office VKqLects, at a be with building heights and intensities compatible with surrounding districts. Building het h¢ is s�ialt in no case exceed two stories in height. Permitted heights, densities, and intensities shall be set forth as part of a corresnondina use district in the Land Development Code sect to the following maximum levels of development: maximum building height of two stories. On dune 21, 2011 the Local Planning Agency (LPA) after a public hearing, adopted a motion by a vote of 5 ayes and I nay (Dundorf) recommending approval of the Land Use category titled Mixed -Use Commercial /Residential (Two Story). COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION 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 #8 of the attached Comprehensive Plan 2010 Cycle 2 Chart. ANALYSIS NATURE OF THE PROPOSED USE As per Definitions, Section 20 -2.3, of the Land Development Code, Mixed use is defined as follows: Mixed use. Shall mean the use or occupancy of a building or parcel for both residential and nonresidential purposes. NEW 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 prepared a new future land use element category which could be applied to areas that specifically require Mixed -Use Commercial / Residential (Two - Story). The following parameters were used to develop the category: 1. The new land use category cannot exceed the maximum of two (2) 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; 4 c. Consistent with the Dimensional Requirements for Residential Districts, Section 20- 3.5(H) of the Land Development Code; d. 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 land 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 Residential Districts; Section 20- 3.5(H) of the Land Development Code; d. 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. EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20 -3.5(M 5 &ectian 24t 3 5hT lt)4>r11�,2Ri4#,F1v"r Refer to Tallo I R-7. S3rnetll,_ ahaxt= RS-3 B14. RS o m ttr¢ fir st rkur �nishea llaoe NxEAreG (sg. fE) evRtian 40,!10(1 tB.fifii3 F;l.Ofle (, 803 t.=4 15 Rr avtaee {tll 60 SD Min. 5!ard Seth lek$ (ft.l zs 25 iY4gx.$'.uiLlF¢e C4Ver.i�u°,f%)Fii'sC {1GGr ReFerf TTablet . CVtax ImnervFGns raves m ° IA'o¢f 5fl 35 ?S 2� ?5 Elam aariafln Ror shvcCtlre la °nr lRorerto Tafola i. }mss irz hainrit "asfLu. m4asvred GF¢ X firSf flnnr Fxniahed Boor ¢3evatinn LaRr9pnia Refer to Tallo I S3rnetll,_ ahaxt= . ' hisr�ss measllred o m ttr¢ fir st rkur �nishea llaoe - evRtian Side Lstrr ?il 7.5 15 t.=4 15 Max. BuFld9vc $eiyht GG z5 zs �a zs 25 iY4gx.$'.uiLlF¢e C4Ver.i�u°,f%)Fii'sC {1GGr ReFerf TTablet . CVtax ImnervFGns raves m ° Refar rn Toule 3. Max, S+746' Ar ' I2a {`G O/oi gmol d PlOCy Rg& to Tai)t OuLly latree width aFhoth sine vards shall Be not iii than 2€I aermut of to of loywjdth b EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20- 3.5(G) Section 20 -3.5G DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS REQUIREMENT RO LO MO NR SR GR 1 Mim Lot Size Net Area (sq. ft.) 71500 7,500 105000 7,500 5,000 10,000 57000 Frontage (ft) 75 75 100 75 500 100 50 Min. Setbacks (ft.) Front 25 20 156 25 l06 20 20 Rear 20 15 10 15 10 15 " Side (Interior) 10 10 0 — — — Side (Street) 20 15 10 15 106 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 (%) 30 — -- — — — Max. Impervious . Coverage(% 75 80 85 75 90 85 85 Max. Floor Area Ratio (FAR) 0.30 .70 1.60 .25 1.60 .80 .80 5' setback with wail 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 shall not be greater than 24 inches in diameter; columns on the property line shall not be closer to each other than 10 feet. ` The frontage requirement does not apply to uses in the SR District. COMPATIBLE WITH COMPREHENSWE PLAN. A proposed Future Land Use Map Amendment is compatible with and advances 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. Objective 1.1 The City shall implement its Future Land Use Plan Map through its land development regulations. Uses that are inconsistent with community character as set forth on the Future Land Use Map shall be eliminated... 7 POLICY 1.1.2 In reviewing proposed amendments to this plan and the Zoning .Map, compatibility with adjacent uses shall be the major determinant. PROPOSED FUTURE LAND USE CATEGORY Mixed -Use Commercial / Residential (Two - Story) The mixed -use commercial / residential land use category is intended to provide £or different levels of retail uses office uses retail and office services and residential dwelling units that is characteristic of amixed -use commercial / residential development. For development projects and properties providing retail uses at a minimum one floor must contain residential. For office projects, at a minimum, at least one floor must with surrounding districts. Building heights shall in no case, exceed two stories in height. Permitted heiy ts. densities and intensities shall be set forth as part of a cotrespondin use district in the Land Development Code subject to the following maximum levels of development: maximum building heieht of two stories. 20 -3.1 ZONING USE DIS'T'RICTS AND PURPOSES. "(A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into twenty-nine (29) zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth. in Section 20- 3.3(D) Standards shall be uniform throughout each zoning use district. District symbols and names shall be known as: Symbol Name RS -1 Estate Residential RS -2 Semi - Estate Residential RS -3 Low Density Single - Family RS -4 Single - Family RS -5 Single- Family (50` lots) RT-6 Townhouse Residential R 9 Two- Family /Townhouse Residential RM -18 Low Density Multi- Family Residential RM -24 Medium Density Multi- Family Residential RO Residential Office LO Low- Intensity Office MO Medium - Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TODD (MU -4) Transit- Oriented Development District (Mixed Use -4) TODD (MU -5) Transit - Oriented Development District (Mixed Use -5) TODD (LIA) Transit- Oriented Development District (Light Industrial -4) TODD (PI) Transit - Oriented Development District (Pub- lic /Institutional) TODD (PR) Transit - Oriented Development District (Parks &. Recreation) PUD -R Planned Unit Development - Residential.. PUD -M Planned Unit Development- Mixed Use PUD -H Planned Unit Development- Hospital HP -OV Historic Preservation Overlay HD -OV Hometown District Overlay CS -OV Community Service Overlay H Hospital Symbol Name PI Public /Institutional PR Parks and Recreation RECOMMENDATION It is recommended that the amendment set forth above be adopted on final reading and transmitted to the State. Attachments: Draft Ordinances Staff Reports DCA Comments Public Notices "Dedicated to making Florida a better place to call home" RICK SCOTT' Governor 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 Planning Agency (the Agency) has completed its review of the proposed South Miami Comprehensive Plan Amendment I I -IESR which was received on August 8, 201 I. 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 163.3 t 84(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 rite proposed amendment. Also, if the second public hearing is not held within 180 days of your receipt of the agency comments, and the dmeframe 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 gour assistance, we have attached procedures for adoption and transmittal of the comprehensive plan amendment. If you have any questions, please tail Caroline Knight, Principal Planner, at (850) 422 -1773 or by emaiL- caroline.knight @dca.state.fl.us. 'nceroiy, � 4 . q ames I Stansbury Regional Planning Administrator 3DSlck ec: Mr. Christopher Bruno, Director, Planning & Zoning Department, City of South Miami Mr. James F. Murley, Interim Executive Director, South Florida Regional Planning Council. 2555 SHUMARD OAK BOULEVARD ❑ TALLAHASSEE. FL 32899 -2100 850 - 488.8466 (p) ❑ 850 -921 -0781 (f) a Webslte: wwL dca�sta,ye fl.us 0 COMMUNITITy KANNING 850-488.2a56 (p) 850488- 3309(q n NDRTDACOMMUNIT TRUST 950,922-22.07(p) 550-921-1747T) 0 0 HOUSING AND COMMUNITY MCLOPMoCr 850 -099- n56(p) 850 - 922-5623(0 0 SUBMITTAL OF FOR EXPEDITED STATE 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 timely comments to the focal government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department 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 focal governments, 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 amendment(s) has been submitted to all parties that provided timely comments to the focal government; 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, in 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 local government is relying on previously submitted data and analysis, no additional data and analysis is required; 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, 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 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 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. To: Honorable Chair & Date: May 24, 2011 Local. Planning Agency Members From: Lourdes Cabrera, LEED AP Re: Future Land Use Category Aeti ig&rector o Mixed -Use Commercial/ Planning and Zoning Department Residential (Two- Story) LPA- 11-01$ 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 entitled "Mixed Use - Commercial /Residential (Two Story)." BACKGROUND AND SUMMARY OF REQUEST A Comprehensive Plan Future Land Use Map amendment was discussed at a workshop held by the City Commission on. April 12, 2011. At the workshop, during discussion and further clarification and inquiries to the Department of Community Affairs (DCA) from the Planning and 'Zoning Department, indicated that currently, there is not an established future land use category entitled "Mixed Use Affordable Housing (Two Stott')." The City's adopted EAR based amendments and adopted Future Land Use Map does not show this land use category which was adopted by Ordinance No. 4340 »2068 and submitted as a small scale amendment. ITence, the future land use category will be resubmitted as a large scale amendment (text and map amendments are large scale amendments). On .lvlay 9, 2011 the Planning and Zoning Dept., received the attached letter from the DCA, dated May 4, 2011 that states that the amendment package received on November 1, 2010 and adopted by Ordinance No. 43 -10 -2068 on October 19, 2010 fails to qualify as a small scale development amendment pursuant to Section 163.3187(l)(c), Florida Statues. As a result, the subject application LPA -1.1 -013, is a Comprehensive Plan. Future Land Use text amendment to adopt a new future land use map category entitled "Mixed -Use Commercial. / Residential (Two - Story)," be used in cases where The building heights and intensities need to be compatible with similar uses. 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 #8 of the attached Comprehensive Plan 2010 Cycle 2 Chart. ANALYSIS NATURE OF THE PROPOSED USE As per Definitions, Section 20 -2.3, of the Land Development Code, Mixed use is defined as follows: Mixed use. Shall mean the use or occupancy of a building or parcel for both residential and nonresidential purposes. NEW 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 prepared a new future land use element category which could be applied to areas that specifically require Mixed -Use Commercial / Residential (Two - Story). The following parameters were used to develop the category: I. The new land use category cannot exceed the maximum of two (2) 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 Residential Districts, Section 20- 3.5(H) of the Land Development Code; d. 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 land 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; Page 2 of 7 c. Consistent witb the Dimensional Requirements for Residential Districts; Section 20- 3.5(H) of the Land Development Code; d. Consistent with the Dimensional Requirements for Non- Residential Districts, Section 20- 3.5(0) 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. EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20- 3.5(H) section 24 3.5T$ 'DI1ff TSTONALREOMEMEWS SIlVGx�r f',�MI[,'ir I2FSIISEAtTIAI, DTSTRTCTS TWO - STORY R130U1REMF.N'r RS I Rs 7. A-U 04 RM Min TA 3izo NotAr tfsafG) _.. MOM _,.15 "OM)..IO.aOb 6 D LM Frontaoo fStl .� 7.t1lk 1z gq 50...:.. fn. Yard Satba 35 M 25 25 rot 50 Side TMarind For SOMMIn fit Or Mrt&Lab1# i Jars In het t. os , mrasuredfYom iha fl+ai Ronr flnfaGed floor nav ' pR(;{jng p[ Refer to Tnbie t sfrnntw— was 12' hkh_as measurwt from tht runt Moor j(dJ+yhed 11onr . Wide (sit" za 15 1,,K is 1s Max. EnildinXB I3M a 2 lorias Pont 3i1 M 2S LK ,i$ . ' d Cov rn °o itirsi Ronr wh toMAN.02 Max Tmoervioas CovemaeflT Rotor to'Fablo2 Mac Floor Area Rats ( %1 &eennd iSpal' Refer to T b)e 2 e C''umniat(ye witHb 4both silo yards shall be not leas that{ 2D nercenl oifo #a. rot tcidth. Page 3 of 7 XCERPT FROM LAND DEWLOPMENT CODE, SECTION 20-15(G Page 4 of 7 Section 20 -3.5G DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS REQUIREMENT RO LO MO NR SR OR I Min. Lot Size Net Area (sq. ft.) 7,500 7,500 M000 70500 5,000 10,000 51000 Frontage (ft) 75 75 100 75 500 100 50 Min. Setbacks (ft.) Front 25 20 15b 25 10b 20 20 Rear 20 16 10 15 10 15. Side (Interior) 10 10 0 — — — Side (Street) 20 15 10 15 10b 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 M) 30 — — — -- — — Max. Impervious Coverage (170 75 80 85 75 90 85 85 Max. Floor Area Ratio (FAR) 030 .70 1.60 .25 1.60 .80 .80 " 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall. b Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than 24 inches in diameter; columns on the property line shall not be closer to each other than 10 feet. ` The frontage requirement does not apply to uses in the SR District. Page 4 of 7 COMPATIBLE WITH COMPREHENSIVE PLAN, A proposed Future Land Use Map Amendment is compatible with and advances the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: LAND USE ELEMENT Goal I To maintain and improve the Cityss neighborhoods, and the quality of life of existing and future residents. Objective 1.1 The City shall implement its Future Land Use Plan Map through its land development regulations. Use's that are inconsistent with community character as set forth on the Future Land Use Map shall he eliminated... POLICY 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. PROPOSED FUTURE LAND USE CATEGORY dwelling units that is characteristic of a mixed -use commercial / residential development. contain residential. For retail and office proiects, at a minimum,.at least one floor must contain residential:- Properties maybe with building heights and intensities compatible with surrounding districts. Building heights shall in no case exceed two stories in height, Permitted heights, densities, and intensities shall be set forth as part of a corresponding use district in the Land Development Code subject to the following maxirmun levels of development: maximum building height of two stories, Page 5 of 7 20 -3.1 ZONING USE DISTRICTS AND PURPOSES. "(A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into twenty -nine (29) zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20- 3.3(D) Standards shall be uniform throughout each zoning use district. District symbols and names shall be known as: Symbol Name RS -1 Estate Residential RS -2 Semi- Estate Residential RS -3 Low Density Single - Family RS -4 Single - Family RS -5 Single- Family (SO' lots) RT-6 Townhouse Residential RT-9 Two- Family /Townhouse Residential RM -18 Low Density Multi - Family Residential RM-24 Medium Density Multi -Family Residential RO Residential Office LO Low- Intensity Office MO Medium - Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TODD (MU -4) Transit- Oriented Development District (Mixed Use -4) TODD (MU -5) Transit - Oriented Development District (Mixed Use -5) TODD (LI-4) Transit- Oriented Development District (Light Industrial -4) TODD (PI) Transit - Oriented Development District (Pub - lie /Institutional) TODD (PR) Transit- Oriented Development District (Parks & Recreation) PUD -R Planned Unit Development - Residential PUD -M Planned Unit Development -Mixed Use PUD -H Planned Unit Development - Hospital HP -OV Historic Preservation Overlay HD -OV Hometown District Overlay CS-0V Community Service Overlay H Hospital Symbol Name P1 Public /Institutional PR Parks and Recreation Page 6 of 7 RECOMMENDATION It is recommended that the text of the Comprehensive Plan Future band Use Element be amended by approving the new future land use map category entitled "Mixed Use - Commercial I Residential (Two Story)." (Exhibit A) 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. Attachments: Exhibit A Cycle Chart DCA Letter, dated May 4, 2011 Ordinance No. 43 -10 -2068 Public Notices LCHY: \PB\PB Agendas Staff Reports \2011 Agendas Staff Reports\5-24-11\LPA-11-018\PB-11- 018 FLUM Mixed Use (Two- Story).doc Page 7 of 7 EXHIBIT "A" Proposed Amendment South Miami Com- orehensive Plan Chapter 1 Future band Use Element FUTURE LAND USE MAP CATEGORY Mixed -Use Commercial / Residential (Two Story) The mixed use commercial / residential land use category is intended to Provide for different levels of retail uses office uses retail and office services and residential dwelling units that is characteristic of a mixed -use commercial / residential development. For development proiects and Properties providing_retail uses at a minimum one floor must contain residential For oflice�xoiects at a minimum at least one floor must contain residential For zetail and office proiects at a minimum at least one floor must contain residential Properties mad be with building heztrhts and mtensities.comPatible with surroundinu districts Buildine heights shall in no case eYeeed iwa stories in height. development` maximum building height of two stories. LCHY:\PB\PB Agendas Staff Reports \2011 Agendas Staff Reports\5- 24- 1I \LPA- 11 -018\P 8 -11- 018 Exhibit A Mixed Use.doc STATE OF FLORIDA 7 � "Dedicated to making Florida a better place to call home" RICK SCOTT BILLY BUZZETT Gmemor Secretary May 4,20 11 Mr. Thomas J. Vageline, Director Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: City of South Miami. Adopted Small Scale Amendment; DCA No. 10507 Dear Mr. Vageline: .. We have received an adopted small scale development amendment as submitted with your letter dated October 29, 2010. The amendment package was received on November 1, 2010 and adopted by Ordi m rte No. 43 -10 -2065 on October 19, 2010. The amendment fails to qualify as a small scale development amendment pursuant to Section' 163.3187(l.)(c), Florida Statutes, for the reason indicated below. It has been brought to the Department's attention that the amendment contains a text change. Please disregard the acknowledgement letter sent to you dated November 2, 2010. The City attempted to amend the text of the South Miami Comprehensive Plan by amending the Comprehensive Plata Future Land Use Element in order to adopt a new future land use map category entitled Mixed Use Affordable Housing (Two Story) which would be considered a text amendment. Section 163.3187(1)(c)l.d, F.S states: The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site- specific small scale development activity. The Department is returning the adopted amendment package because the amendment does not qualify as a small scale development amendment. The City should rescind, and resubmit the amendment with its next proposed large scale amendment cycle pursuant to Section 163.3 184, Florida Statutes and Rule 9J- 11.006, Florida Administrative Code. If you believe that the amendment does meet the requirements of Section 1633 187(1)(0), F.S -, please send a letter to the Department identifying this information. 2555 SHUMARD OAK ELOULEVARD o TALLAHASSEE, FL 32300.21oo 860.488 -8466 (p) a 850 -021 -0781 (fj a Wetrsite: x%y v�,•;_d ca t y„6,,,ii�as s COMMUNITY PLANNING 850 -088 -MS(p) M-000-330(1) a FLORIDA COMMUNITIES TfiUST 860.5222TJ7 (p) 80-$21-1747(f) e HOUSING AND COMMUNITY DEVELOPMENT 8-o0n8 &]WN) 050.522- 5828(N 4 Mr. Thomas Vageline May 4, 2011 Page 2 If you have any questions, please feel free to contacf Ray Eubanks of my staff at (850) 922 -1767. Thank you for your assistance in this matter. Sincerely, Mike McDaniel, Chief .Office of Comprehensive Planning DRElts Enclosure cc: B. Jack Osterholt, .Interim Director, South Florida Regional Planning Council ORDINANCE NO, 43 -10 -2068 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Mixed -Use Commercial Residential (Four Story) to Mixed Use- Affordable housing (Two Story) for an area identified as a part of the proposed Madison Square Development Proje6t generally located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th Place including properties more specifically legally described in Section 1 of this ordinance; .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 Statutes, directs local governments to adopt needed amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and development; and WHEREAS, The Planning and Zoning Department working with the Community Redevelopment Agency (CRA) prepared a new Future Land Use Map Category which could meet the needs of the Madison Square Project and the concerns expressed by Commissioners and other residents; and WHEREAS, the City Commission on October S, 2010 adopted an ordinance creating a Future Land Use Map category entitled Mixed Use - Affordable Housing (Two Story) which can be applied over CRA properties which are part of the Madison Square Development Project; and WHEREAS, the Planning and Zoning Department at the request of the City Commission and working with the CRA prepared a proposed amendment to the Future Land Use Map which places the Mixed Use - Affordable Housing (Two Story) future land use category on all properties which are part of the Madison Square Development Project; and WHEREAS, the Local Planning .Agency (Plamiing Board) at its meeting on October 4, 2010 after public hearing, adopted a motion by a vote of 4 ayes and 2 nays recommending that the above described Future Land Use Map amendment should be approved; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. Ord. No. 43 -10 -2068 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section I. The City Commission hereby approves a Future Land Use Map Amendment changing the fixture land use map category from Mixed -Use Commercial Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for all properties identified as a part of the proposed Madison Square Development Project generally located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th Place more specifically legally described as: FOLIO ADDRESS 09 -4025- 010 -0010 5978 SW 64 ST 09 -4025. 010 -0030 6415 SW 60 AVE 09- 4025 -010 -0040 6429 SW 60 AVE 09- 4026 -010 -0020 09- 4025 -010 -0140 094025- 010 -0160 6420 SW 59 PL 09 -4025- 010 -0170 09- 4025 -010 -0180 6442 SW 59 PL 09 -4025 -010 -0280 6401 SW 59 PL 094025 -010 -0270 5944 SW 64 ST 09- 4025 -010 -0290 6411 SW 59 PL 09-4025- 010 -0300 6415 SW 59 PL 094025 -010 -0310 Section 2. A proposed Future Land Use Map Amendment to Mixed Use- Affordable Housing (Two Story) is for the purpose of development of affordable housing and thereby qualifies as a Small Scale Amendment pursuant to FL. Stat. 163.3187(1) (c). Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent j urisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. hereof. Section $. This ordinance shall be effective immediately after the adoption 18 ATTEST: 19 PASSED AND ADOPTED this 19 day of October , 2010 20 22 CITY CLERIC APPROVED: WARY /� a,n t'F. Ord. No. 43 -10 -2068 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 3 l" heading: 10/5/10 2 "d Reading 10 / 19 /10 READ PROVED AS TO FORM COMMISSION VOTE: 4 -1 AND iJ IENCY: Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Nay CITY ATTORNEY Commissioner Beasley: Yea Commissioner Harris: Yea X:\Comm Plan FLUM Amend Madison Sq I OrdAoo ^ sour South CITY r. OF t MIAMI 0 1. OFFICE OF THE CITY MANAGER INTeR-OFFICE MEMORANDUM mat To: The Honorable Mayor Stoddard and Members of the City Commission Via: Fleeter Mirabile, Ph.D., City Manager r From. Thomas J. Vageline, Director Planning and Zoning Department REVISED Date; October 19, 2010 MM No. An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future laud use map category from Mixed -Use Commercial Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for au area identified as a part of the proposed Madison Square Development Project generally located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th, Place including properties more specifically legally described in Section I of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF RE' OUEST The subject application is a Comprehensive Plan Future Land Use Map amendment being initiated by the City (Local Planning Agency). The amendment proposed is a the result of a request from the City Commission to place a new Fixture Land Use Map category over the properties which are part of the Madison Square Development Project The Madison Square Development site now includes a total of 13 properties owned by the CRA which are designated Mixed Use Commercial Residential (Four story) on the future land use map. The appropriate Future Land Use Map Category for all of the properties will be the Mixed l7se- Awardable FFousin(Two Stony). This new Future Laud Use Category was adopted and placed in the Comprehensive Flan by the City Commission at the October S, 2010 meeting. This report will specifically deal with the 13 properties which are facing and south of SW 64 Street CON[PREHENSTt'E PLAN AMENDMENT• GENERAL INFORMATION A change in the Comprehensive Plan Future Land Use Map 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 2 City's Local Planning Agency (Planning Board). Following adoption of the application by the City Commission (second reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). The amendment for Madison Square qualifies as a small -scale amendment is that it involves the development of affordable housing (FL Stat, 163.3187(c)(1). The amendment will be sent to the Florida Department of Community Affairs. However, DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood; 3) impact of the proposed use on the City's irifrastructure; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan, EGISLATIVE BACKGROUND The -nal adoption of the Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments was first approved by the City in August 2007 and sent to DCA. The document adopted in 2007 contained the proposed Future Land Use Category entitled "Neighborhood Center/Mixed Use District (Four Story)" which was to be used for the Madison Square project area. It proposed that the development allowed could have 60 units per acre, four stories and a 2.0 floor area ratio. The Florida Department of Community Affairs (DCA) in January 2008 did approve Evaluation and Appraisal Report Based Text Amendments with some minor changes and advised the City that it must adopt the report by ordinance on final second reading. The City Commission tried on several occasions in 2008 -2009 to formally adopt the second reading ordinance for the amendments. The primary reason for the delay was a disagreement on the standards and applicability of the proposed Future Land Use Category "Neighborhood Center/Mixed Use District (Four Storyy' to the Madison Square project area. The City Commission in July 2009 removed the proposed future land use category from its own Evaluation and Appraisal Report Based Text Amendments (Ord. No. 13-09-2005), In 2010 the Commission then proceeded to adopt the entire report (Ord. No. 09 40- 2034). The Evaluation and Appraisal Report Based Text Amendments was found sufficient by the Florida Department of Community Affairs in June, 2010. P120P05EI! FUTUSE LAND USE MAP AMENDMENT The Planning and Zoning Department working with the CRA staff and Commissioner Beasley prepared a new Future Lased Use Category which could meet the needs of the Madison Square Project and the concerns expressed by Commissioners and other residents. The attached "Mixed Use-Affordablc Housing STwo Story " (Exhibit A) category is the proposed future land use map amendment for Madison Square. The new land use category incorporates the two basic objectives of the project, affordable housing and a mix of businesses serving the community. These elements put together are mixed use and will form a neighborhood center. The density of commercial development is half (0.80 floor area ratio) of what is allowed in the current land use category, The residential density remains at 24 units per acre which is the maximum permitted by the current land use category. The maximum height permitted by the new land use category is two stories which is compatible with abutting properties, The housing type should be clearly defined as affordable housing. SUAPLAR.X OF MAMMON SQUARE PRO TEC ;C szTE The Madison Square project will be implemented on 13 lots acquired by the Community Redevelopment Agency during the period 2006 -2010. The project will be built on 125 acres. The overall goal of the project is to provide a maximum, number affordable housing units in a mixed used complex with compatible retail and office uses. Parcels Comprehensive Pfau Laud Development Code Actual Uses Existing Land Use Existing Zoning District Category North Single Family Res. (two story) CS -Ov Community Service Single family homes; vacant overlay lots RS -3, RS-4 SingIo Family Res. East Single Family Res, (two story) NR Neighborhood Retail Single family homes; vacant lots South Single Family Res. (two story CS -OV Community Service Single family homes; vacant overlay; RS-4 Single Family lots Res. And NR, Neighborhood. Retail West Single Family Res, (two RS-4 Single Family Res. Single family homes; Vacant story} cots 1. Compatibility of Use: The project abuts single family homes on all sides. The use of property as a mixed use town center with affordable housing units with the building height limited to two stories will be compatible with surrounding single family neighborhood, 2. Impact on Public paciiities: An important element of a future land use map amendment is to assess the impact of the change on the public infrastructure serving the site. This includes the impact (plus or minus) of the proposed change in land use for parks, potable water, sewers, schools, roadways, storm water and solid waste. The Planning and zoning Department has prepared a comparative chart demonstrating the projected impact on public facility capacities of the subject land use change. This data report is attached. Based upon this review there is uo change in the impact on public facilities due to the proposed change in the Future Land Use Map for this location. 4. Compatible with Comprehensive Piano A proposed Future Land Use Map Amendment is compatible with and advances 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 To maintain and improve the City's neighborhoods, and the quality of life of existing and future residents. Objective 1.1 The City shall implement its Future Land Use Plan Map through Its land development regulations Uses that are inconsistent with community character as set forth on the Future Land Use Map shall be- eliminated........ Policy 1.1.2 In reviewingproposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. ROUSING ELEMENT Objective 1.3 The City and its Community Redevelopment Agency shall continue to coordinate with public and private agencies to meet the affordable housing needs of low and moderate income residents through the implementation of specific programs, in accordance with adoptedplans. Policy 1.3.3 The City's Community. Redevelopment Agency will implement its New Housing Program in order to provide far the construction of affordable housing units in accordance with its adopted Redevelopment Plan. g;[PI`URE REZONIN9 The approval of the proposed Future Land Use Map amendment is a pre - requisite for a future zoning district change, which will implement the Future Land Use Category. it The current zoning district of "N" Neighborhood Retail, will be changed to a new zoning use district which reflects the requirements. of the Mixed Use-Afferdable Rousing-(Two Story)" future land use category. The new zoning district entitled "MU -AR" Mitred Use- Affordable .Housing (Two Story) Zoning Use District was approved on second reading at the City Commission meeting on October S, 2010 and is now pars: of the Land Development Code, PLANNING BOARD ACTION The Planning Board (Local Planning Agency) after public hearing on October 4, 2010 adopted a motion by a vote of 4 ayes and 2 nays (Ms. Beckman, Ms. Young) recommending approval of the proposed Iand use map change. The proposed land use amendment is needed in order to implement the Madison Square project. It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the Mixed -Use Commercial Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for all of the properties listed in the attached ordinance be approved on second reading. Anachments• Exhibit A Draft Ordinance FLUM Impact Analysis Location map. Planning Department StWreport 10.4 -10 Local Planning Agency 10 -4 -10 Public Notices TJVIsAY X:1COmm items120104tb -i9 -t0 \Comp Plan PLUM Amend Madison S41 CM fteport.doe 'G+'VYl WIT 49 A 99 Proposed .Amendment South Miami Comprehensive Plan Chapter 1 Future Land Use Element FUTURE LM USE MAP CAT GORY Mixed Use- Affordable Housina (Two Story) The Mixed Use - Affordable Housing future land.use map. category is intended to allow for a mixed use project which combines special housing (defined as affordable housing) and a compatible mix of retail, office, business or professional services and cultural/entertainment in a unified cohesively designed development. Such developments shall respect the existing street grid by including multiple parcels on adjacent blocks including those bisected by public rights -o£ way. Permitted heights, densities, and intensities shall be set forth as part of a corresponding zoning use district in the Land Development Code subject to the following maximum levels of development: minimum lot size of 1.0 acre, maximum building height of two stories, maximum F.A_R. of 4.80, maximum residential density of 24 units /acre The affordable housing component shall occupy a minimum of 75% of the gross floor area of the development (excluding parking). Residential uses may be located on any floor, while retail, office, business or professional services and cultural/ entertainment uses shall be restricted to the ground floor. For the purpose of this Future Land Use Map category the residential component of a developments shall be limited to housing units which service the low to moderate income segment of the affordable housing group as defined by the U.S. Department of Housing and Urban Development. x:1i'BW]3 Agendas Staff Reports12010 Agendas Staff ReportM- 31 -IM -10 -023 Fialdbit A FLUM MU -AH (2010).doe s. 1 A 1 Madison Square (north portion) SW 64"' Street a7 SW 60 Avenue 1.25 acres Future Land Use Map (FLUM) change proposed From: Mixed -Use Commercial Residential (Four Story) To: Mixed Use - Affordable Housing (Two Story) Residential density From: 24 dwelling units per acre To: 24 dwelling units per acre `Difference: No change Levels of Service (LOS) Recreation Population per dwelling unit established in 2000 Census as 2.5 people per dwelling unit 1.25 acres x 24 du /ao x 2.5 people per dwelling unit = 75 people Recreation LOS =1 acre of land per 1,000 population 75 people will require an additional 0.30 acres of Recreation land The City has an excess of Recreation land of more than 8 acres. Difference: Both have the same impact Potable Water 75 additional people @ 155 gallons /capita /day T 11,625 gallons per day Difference: Both have the same impact Sanit�Sewer /Ser�tic Tank County System or septic tank it County not available (Pump station no. 177 presently over capacity until mid 2011) Difference: Both have the same impact. Solid Waste 75 additional people At 7 pounds of solid waste /capft/day = 525 pounds per day Difference: Both have the same impact. Storm Water Drainage No net increase in runoff permitted Difference: Both have the same impact Transportation The entire City is within a Transportation Concurrency Exemption Area Difference: Both have the same impact Summary There is no change in the impact due to the proposed change in the Future Land Use Map for this location. ZAComprehensive PiantSmall scale amendmentsNImpact Madison Square north.doc City of South Miami PB-10"032 Future Land Use Map Change Mixed Use Commercial Residential (Four Stor�) to Mixed Use-Affordable Housing(Two Sto'Y)N Madison Square Development Project I Feet rffi t •t r• •• .♦• 9001,200 on )i3 ills N11III� a�4ifi r i F +'?r��S Cal IN= 0 A SW81TH 6107 u 8111 5�Y —1 6Yfi 2 6Ti8 � `�rciT 5913. a SW 68TH ST g SW 68TH ST sd00 � 0 9f W '� 7 ^8 5191 10 SW81TH 6107 u 8111 5�Y —1 6Yfi 2 6Ti8 � `�rciT 5913. a SW 68TH ST g SW 68TH ST sd00 � 0 9f W '� 7 ^8 5191 S I 0�01 To: Honorable Chair & Local Planning Agency Members Date: October 4, 2010 brow: Thomas 3' Vageline, Director Re: Comprehensive Plan Planning and Zoning Department FLUM Amendment Madison Square I PI3wM 32 Aypfflcant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami Florida; amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Mixed -Use Commercial Residential (Four Story) to Mixed Use - Affordable Roushig (Two Story) for an area identified as a part of the proposed Madison Square Development Project generally located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th Place including properties more specifically legally described. in Section Z of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. EmnMRIr OF RE VEST -fbe subject application is a Comprehensive Plan Future Land Use Map amendment being initiated by the City (Local Planning Agency). The amendment proposed is the result of a request from the City Commission to place a new Future Land Use Map category over the properties which are part of the Madison Square Development Project. It is anticipated that the new Future Land Use Category will be adopted and placed in the Comprehensive PIan by the City Commission at its October 5, 2010 meeting. The Madison Square Development site includes properties that currently have two different Future Land Use Map designations. A total of 13 properties owned by the CRA have the Mixed Use Commercial Residential (Four Story) future land use map category. An abutting 5 properties also owned by the CRA have the Single - Family Residential (Two Story) future land use map category. The appropriate Future Land Use Map Category for all of the properties will be the Mixed Use - Affordable Flousina {Two This report will specifically deal with the 13 properties which are facing and south of SW 64 Street. CO N WE PLAN ND NT: GENE IN ORKA ION A change in the Comprehensive Plan Future Land Use Map 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 Laud Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). Following adoption of the application by the City Commission (second reading of the ordinance) the application package is then submitted to fbe Florida Department of Community Affairs (DCA). The amendment for Madison Square qualifies as a small-scale amendment in that it involves the development of affordable housing (FL Stat,163.3187(c)(1). The amendment will be sent to the Florida Department of Community Affairs. However, DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A ( future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Flan and to the immediate neighborhood; 3) impact of the proposed use on the City's infmtructtue; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive PIan, UGISLATWE BACKGROU F3 The final adoption of the Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments was first approved by the City in August 2007 aid sent to DCA. The document adopted in 2007 contained the proposed Future Land Use Category entitled "Neighborhood Center/Mixed Use District (Four Story)" which was to be used for the Madison, Square project area. It proposed that the development could. have 60 units per acre, four stories and a 2.0 floor area ratio. The Florida Department of Community Affairs (DCA) in January 2008 did approve the .Evaluation and Appraisal Report Based Text Amendments with some minor changes and advised the City that it must adopt the report by ordinance on final second reading. The City Commission tried on several occasions in 2008 -2009 to formally adopt the second reading ordinance for the amendments. The primary reason for the delay was a disagreement on the standards and applicability of the proposed Future Land Use Category "Neighborhood Ceuter(Mixed Use District (Four Story)" to the Madison Square project area. The City Commission in July 2009 removed the proposed future land use category from its own Evaluation and Appraisal Report Based Text Amendments (Ord. No.13 -09- 2005). In 2010 the Commission then proceeded to adopt the entire report (Ord. No. 09 -10- 2034). The Evaluation and Appraisal Report Based Text Amendments was found sufclent by the Florida Department of Community Affairs in June, 20 10. PROPOSED FVT M LAND USE MAP AMENDMENT The Planning and Zoning Department working with the CRA staff and Commissioner Beasley prepared a new Future Land Use Category which could meet the needs of the Madison Square Project and the concerns expressed by Commissioners and other residents. The following parameters were used to develop the category. The attached "Jd ed �Jse- Affordable Hous�np, (Two Storyl" (Exhibit A) category is the proposed future land use map amendment for Madison Square. if the attached laud use category is adapted by the City Commission, the City can then proceed to change the Future Land Use Map by applying this category over the Madison Square project. The new land use category incorporates the two basic objectives of the project affordable housing and a mix of businesses serving the community. These elements put together are mixed use and will form a neighborhood center, The density of commercial development is half,(0.80 floor area ratio) of what is allowed in the current bud use category. The residential density remains at 24 units per we which is the maximum permitted by the current Iand use category. The maximum height permitted by the new laud use category is two stories which is compatible with abutting properties. The housing type should be clearly defined as affordable housing. SUMMARY QF UATD SON SOUARE ]PROTECT SITE The Madison Square project will be implemented on 18 lots acquired by the Community Redevelopment Agency during the period 2006 -2010. The project will be built on 1.92 acres all of which are currently vacant. The overall goal of the project is to provide a maximum number of affordable housing units in a mixed used complex with compatible retail and office uses. Parcels Comprehensive Platt Land Development Code Actual Uses F %isting Land Use Existing Zoning District Category North single Family Res. (two story) CS -OV Community Service Single family homes; vacant overlay tots RS -3, RS -4 Single Family Res, East Single ramify Res. (two story) NRNeighborhood Retail Single family homes; vacant lots South Single )Family Res. (two story CS -OV Community Service Single family homes; vacant overlay; RS-4 Single Family lots Res. And NR, Neighborhood Retail West Single Family Res, (two RS4 Single Family Res, Single family homes; vacant . story) lots M 11 Comuatibift of Use: The project abuts single family residential on all sides. The use of property as a mixed use town center with affordable housing units with the building height limited to two stories will be compatible with the surrounding single family neighborhood. 2. impact on Public Facilities : An important element of a future land use map amendment is to assess the impact of the change on the public infrastructure serving the site. This includes the impact (plus or minus) of the proposed change in land use for parks, potable water, sewers, schools, roadways, and solid waste. The Planting and Zoning Department is currently preparing a comparative chart demonstrating the projected impact on public facility capacities of the subject land use change. This data report is required to be included in the submittal package that goes to the Department of Community Affairs. The report will require consultation with public facility engineers to complete. The data chart will be ready to be included in the City Commission agenda package at the October 19, 2010 Commission second reading/public hearing on the amendment. It can be assumed that based upon The reduction in density, units per aore and building height of the new fixture land use category, the impact on public facility capacities will be signifieantly lower than under the current future land use category. 3. Compatible with Comprehensive Plan. A proposed )Future Land Use Map Amendment is compatible with and advances 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 ELE1V NNT Goal 1 To maintain and improve the City's neighborhoods, and the quality of life of existing andfuture residents. Objective 1.1 The City shall implement its Future Land Use Plan Map through its land development regulations. Uses that are inconsistent with community character as set forth on the Future Land Use Map shall be eliminated....... Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant: HOUSING ELEMENT Objective 1.3 The City and its Community Redevelopment Agency shall continue to coordinate with public and primate agencies to meet the affordable housing needs of low and moderate income residents through the implementation of sped programs, in accordance with adopted plans. Policy 1,3.5 The City's Community RedevelopmentAgency will implement its New Housing Program in order to provide for the construction of affordable housing units in accordance with Its adopted Redevelopment Plan. FUTURE REZONING The approval of the proposed. Future Sand Use Map amendment is a pre - requisite for a future zoning district change, which will implement the Future Land Use Category. The current zoning district of "NR ", Neighborhood Retail, will be changed to the new zoning district also entitled "MU -Air" Mixed Ilse- Affordable Housing (Two Story) Zoning Use District which is set for approval on second reading at the City Commission meeting on Ootober:5, 2010. RECOlY1I ENDA%TON The proposed laud use map amendment is needed in order to implement the Madison Square project. It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the Mixed -Use Commercial Residential (Four Story) to Mixed Use - Affordable housing (Two Story) for all of the properties listed in the attached ordinance be approved_ Aar ents: Exhibit A Draft Ordinance, Location map. public xodces TN/SAY XAComm Items120I01IO- S4Womp Plan PLUM Amend Madison Sq I CM ItePOTWOe CITY OF SOUTH MIAMI LOCAL PLANNING AGENCY Regular Meeting Excerpt Meeting Minutes Monday, October 4, 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 7:51 P.M. The Pledge of Allegiance was recited in unison. H. Roll Cali Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Beckman, Mr, Morton, Mrs. Yates, Mr. Farfan, Mrs, Young, Mt. Whitman. Board members absent: Mr. Cruz City staff present: Thomas J. Vageiine (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Lourdes Cabrera Hernandez (Principal Planner) and Marcus Lightfoot (Permit Facilitator). City Attorney: Mr. Goldstein IH. Administrative Matters: Mr. Vageline informed the Board that there Was an e -mail sent out to cancel the October 12, 2010 meeting to be rescheduled for the October 18, 2010. IV Planning Board Applications /Public Hearings PM40-032 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category front Mixed -Use Commercial Residential (Four Story) to Mixed Use - Affordable Housing (rwu Story) for an area identified as a part of the proposed Madison Square Development Project generally located at the southeast corner of SW 64th Local Planning Agency October 4, 2010 Page 2 of 6 Street and SW 60th Avenue and the southeast corner of SW Goth Street and SW 59th Place including properties more specifically legally descried in Section 1. of this ordinance; providing for severability; providing for ordinances in conflicts and providing an effective date. Action: Mrs. Yates read the item into the record. Mr. Youkilis informed the Board that the, fast item is the change of the Land Use Category on an area that is City owned property, owned by the Community Redevelopment Agency (CRA), that will be used for the Madison Square project. The area had to be divided into two sections; one section presently has the land use district of Mixed -Use Commercial Residential hour Story, which will be changed to Mixed -Use affordable housing two stories. The Planning Board has approved the Land Use category and the City Commission has adopted it at first reading. In order to -get this completed staff is proposing the actual change of the Land Use category to apply to the Madison Square area. It is divided in two sections, section one is item PB 40 -032 j and section two is PB -10 -034, which has a different laud use category. The change in the !f category will allow Madison Square to be designated a small scale amendment for an Affordable housing area. A small Seale amendment involves an area smaller than ten (10) acres or a project that implements Affordable housing. The difference between a large and small scale amendment. is that a large scale amendment has to be reviewed by the Regional Planning Authority, Miami - Dade County and then the State of Florida and a complete analysis is dome. Sometimes it takes about three to four months to be returned back to the City. The item is compatible with the Comprehensive Plan and meets Laud Use objectives and policies related to affordable housing. Mixed-use affordable housing will have a zoning district that will have the saute wording, MU- A.H (Two Story) zoning district The Planning Board has already passed on it and it has been passed to the City Commission meeting. This item has been placed on the City Commission agenda and staff will have to report what the action was to the Commission. Staff recommends approving the proposed Land Use map amendment since it is needed in order to implement the Madison Square Project. It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the Mixed -Use Commercial Residential (four story) to Mixed Use - Affordable housing (two story) for all of the properties listed in the attached ordinance approved. Mrs. Young questioned where the commercial property is located. Mr. Youkilis responded that the store is not part of the change and not owned by the city. Mr. Whitman questioned if the store would be grandfathered in and if it essentially part of the future land use category. Mr. Youkilis replied that the City is not the owner of the store and the CRA has notified staff that the project could be built without having that as part of the site. Mr. 'Whitman commented that as a matter of practice it does not make sense to have little islands within the property, this would be a classic example of spot zoning. Mr. Vageline commented if the Board desires the property and several others could be added to Local Planning .Agency October 4, 2010 Page 3 of 6 the large scale amendment that begins in November. Mrs. Yates questioned the dimension of the store located within the property and if the, property is a non conforming lot. Mr. Youldlis responded that it is approximately 30' x 75'and the property is not non - conforming. Mr. Morton questioned if the store would become part of the same land use category. Mr. Youkilis responded yes, but it would not become non - conforming. Mrs. Beckman questioned if the original zoning of the property was NR and if the other items are considered NR. Mr. Youkilis replied yes. Mrs. Young commented that she does not understand how the single piece of property is going to be allowed to exist. if this is a project that is going to be confined in an area and that particular piece of the property is not within the purview of the City then this is a problem down the road. She commented that as the Planning Board why we would exclude the piece of land when it is in the geographical location and plays an intricate part in the project, Mr. Youkilis responded that Mr. David, CRA director would be able to answer that questioned. Mrs. Beckman questioned if the property is ruled by the CRA. Mr. Youkilis responded that the CRA are the primary owners and - developers, Mrs. Beckman commented that the tenants from the year 1996 were evicted to create affordable housing. The power to independently zone and rezone property is not given to the CRA. Mr. Youkilis responded that the CRA Board cannot affect zoning that is done by the Planning Board_ Mrs. Beckman commented about the inter4ocal agreement that is about providing affordable housing for individuals. She commented that the empty lots that were slated for affordable housing, the properties ware purchased and taken by the City. Mrs. Beckman expressed that she as a citizen is looking out for the citizens who may need affordable housing. She is requesting a legal opinion and a review of the CRA findings of necessity. This will need to be addressed and additional information will need to be provided. Mrs. Beckman suggested placing all items that have to do with affordable housing on hold and recommended that all the vacant properties be filled. She unformed the Board that the item is to approve more affordable housing zoning, but is not to approve affordable housing. Mrs. Yates questioned what does the Comprehensive Plan require to have an affordable housing element and is there a number based in our plan. Mr. Youkilis responded that the number is thirty per year. Mr. Youkilis introduced Mr. Stephan David, (CRA Director} and that the Board has a general question on why the piece of property is being excluded from the change and could the project be built without that building there. Mr. David responded that the project can be built without including the store. Mrs. Yates questioned if the SW 59s' Avenue road will be closed, which would therefore work Local Planning Agency October 4, 2010 Page 4 of 6 since it does not affect the access. Mr. David replied yes and CRA did purchase additional land last year which expanded the site. Mr. David informed the Board that there are requirements since there is County money involved in the project. A loan in the amount of 233 million dollars to construct the project was provided by Miami -Dade County, which had to be approved by the county. Part of the stipulation is that thirty' (30) affordable homes must be constructed As of this moment, the property has been there for two years and if it is not done then the CRA will be shut down. Mrs. Young questioned why the small store was not sold_ Mr. David responded that the CRA was able to purchase most of the property which is a great achievement, but we were not able to purchase the final piece. Mrs. Young questioned if the property was a small store and did the city approach the property owner to have the first right to purchase the property once the person is deceased. Mr. David replied yes;and no the City did not write a contract. Mrs. Young questioned if the City could create a contract that would allow for them to claim the first right to purchase the property. Mr. David replied yes. Mrs. Young commented that she has concerns about the property that is act included in the project: Mrs. Young questioned if it is a minimum of twenty-four (24) or maximum of thirty (30) units. Mr. David commented that report does not specify the total number of units in the project. The report talks about the density of the project. Mr. Youkilis commented that the property, was not purchased by eminent domain. Mrs. Young questioned if the piece of property could be obtained by eminent domain. Mr. Youkilis responded the City does not allow eminent domain for purposes of economic development only for public projects. Mrs. Young question if PB -10 -032 only refers to affordable housing not including retail or commercial and if it is two stories where is mixed use going to be. Mr. David responded that the consultant did a study on the piece of property. Some town homes will be located on the site and on 60' street there could be some commercial activity that woul&not take away from the affordable housing. The Chair opened the public hearing. NAME ADDRESS SUPPORT /OPPOSE PROJECT Sharon McCain Oppose Ms. McCain commented that it is a very serious issue and there are things that were previously requested by the Board members such as the impact study and have act been provided to the Local Planning Agency October 4, 2010 Page 5 of 6 Board. She explained when a Board member requests a legal opinion it is expected that the City Attorney respond. Ms. McCain commented that this should be deferred until all the information is provided to the Board. The Chair closed the public hearing. Mrs. Beckman questioned what a compliance protest is. Mr. Youldlis responded that any party could file with DCA a protest stating that the procedures followed were not correct and DCA has the right to look into the issue. She commented the compatibility levels of traffic are out of compliance and should have been brought to the Board so that all the information is provided. Mrs. Beckman commented that the criteria sheet that Mrs. Yates requested was not provided to the Board. Mrs. Yates questioned what legal opinion is requested from the attorney. Mrs. Beckman responded that she would like information on the State Statute 163, The inter -local agreement with the CRA and City of South Miami and if the Planning Board could zone CRA property and what happened to the affordable housing we should already have. Mr. Feingold commented that a legal opinion is not being requested. He felt that the lack of performance from the CRA in the past is of concern. He commented that there was nothing illegal or improper with what has been presented, but the tra& record could have some ethical issues. Mr. Feingold explained that what is being presented to the Planning Board is amendment to the Comprehensive plan and he understands that the Board is looking at the consequences and will it be better than before, but the questions are not legal questions. Mrs. Young questioned the time when the lots were acquired. Mr. Youkilis responded during 2006 -2010. Mr. Youkilis commented that it was not until Mr. David took over three years ago that the CRA bought any property or implemented any efforts to do affordable housing. The CRA received a Miami -Dade County loan and finally the City has the opportunity to have affordable housing on its own property and there still needs to be a proper Land Use category in place. Mr. Morton questioned if the fifty"six (56) vacant lots are owned by the CRA. Mr. David responded six homes were built last year. Mrs. Beckman commented the CRA is not needed to get Habitat Homes. Mr. David commented that the Director could only work under the direction of the CRA Board and the Board ordered him to work with Habitat for Humanity. Mrs. Yates questioned if the CRA is responsible for acquiring lots or are they also responsible for construction. Mr. David responded that the CRA purchases the property, it is passed to the developer and Habitat for Humanity has been the largest builder in the CRA. Mr. Beckman, commented if the CRA could provide the Board with a list of all the CRA accomplishments. Mr,,, David commented that on the'CRA website has a list. Motion: Mrs. Beckman moved to defer the item to allow the applicant to provide additional information requested by the Board. Mrs. Young seconded. Local Planning Agency October 4, 2010 Page 6 of 6 2 Ayes 4 Nays (Mr. Whitman, Mr. Farfan, Mr. Morton and Mrs. Yates) Motion: Mr. Whitman moved to approve the application as presented. Mr. Morton seconded "'Tote: 4 Ayes 2 Nays (Mrs. Beekman and Mrs. Young) V. Minutes A) Mrs. Young moved to approve the minutes of Tuesday, September 9, 2010 With corrections. Mr. Farfan seconded. Vote: 6 Apes 0 Nays B) Mrs. Young moved to approve the minutes of Tuesday, August 31; 2010 as presented. Mr. Ms. Becicnian seconded. Vote: 6 Ayes 0 Nays VF, Adjournment: Aetion: There being no ftrrtber business before the Board, Mrs. Yates adjourned the Local Planning Agency meeting at 9: 48 p.m. V VISAY WAPS\PB Minutm\2010 MinutWO- 4 -2610U M Minutes.20.4.2410.88;10.032.doc "rNM9NkMi6 ou to to to A •ciKv:FS; * <r..ay3,j•a:-: 47, (.. . UQAVQ DAILY BUSINESS REVIEW _ Pubii -bad Daily except eaturday, Sunday and �'�,Q� ~ 1F`Ia�8 �6:1.Qi,'ki[ la Witt Holidays �• 'N.f4nii .t'a ?:, >k' "n: ':.;':; 1.4.r Mtamm,~s -vade 09MA Rorida ' ` "'4t"" N. NO't'.tC '(8`1a ' i, $t:�gven thatrthe C`lLyrComiifls•s1I STATE OF FLORIDA r: fv�iatnl ;`fifoildwil1diin�uc(F3eP5TiF Fitear(rr§s'at AsreguG "rria'dtipg3gt%r(ul " "P�'..v80' a;; O•ctoberm9,?R10 beI COUNTY OF MIAMI -DADS: .fr('ifia•.C?ittyy. C�gt���rt.F.`6amb9rS:E7805unSet Drt .tt§Sn(sl''�?+. y.vw e Before the undersigned authority personally appeared o,..t:9: s`v o`, ., i:- 7 ^•` - "; V. PEREZ, who on oath says that he or she Is the4•'%{C7dfnt'eiptf'fia�ror rjrd'.Cttjr'.GdmhaIsslot LEGAL CLERK, Legal Notices of the Miami Doi Business �t'.5b •M?' j51�iqf�' a;�: 'a'tFd i{g t�a`FU#uret' hd4 ReVIOW f/We Miami Review; a dally (except Saturday, Sunday t'`''; ' d+ Mia (: - "r,S `re!' ?sivaPian b`y changiimg and Legal Holidays) newspapert published at Miami in Miami-Dade '-' ;,ysg ^m�?prctiAt" gn_' ' °'t',, Mxsd:USe cnmtiiem! County, Fterlda; that the attached copy of advertisement (F"oi?r�$@ x`a'pii e't?se- At(ord'abfe Hou'sii,g ;(' <r `anareaji e9 " ",t{thirnpasedtM being a Legal Advertisement of Notice in the matter of t, t •' �S� TSeyeJ'op{rtdnt;P"id egh ette 'iEy enedatmho sa ? 410 ' tt 5^ N` 64j1i�S(ielft'�uV?�601h�Avenue and the @o i i`: "i'af'SW dI St'r et d`n`d"ucrL^fi 59ttti')Place. Iheidd CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING { trid(e{ pea`p�'oeipji €gailJYiTesrj6ed In Section t of OCTOBER t9, 2070 - AMENDING THE FUTURE LAND USE MAP ,ETC. ro41'g','(rs ve,�ab lty; jsrtrtiding.iar,Qidinanoas j �Pr.;Y.!�r,. , .,. tn the XXXX Condo was published In said newspaper in the issues of 70/l)8f20t0 •�w; ,:�;`� •: °'�'., . • mi. SN6vw . Affiant further says that the said Miami patty Business Review Is a newspaper pubiished at Miami M said Miami-Dade ,` ;% - ` °v °?• °"' ' ••.. ; ,r r: kal,Ritt'', ;�SY lay .. as -;.K.w Cobnty,Florida and That The said newspaper has r.., heretofore peon continuously published In said Miami•Dade Gounty, - ;°v! Florida, each day (eXcept Saturday, Sunday and Legal Holidays) `:: t and has been entered as second class mail matterat the post a , office in Miami In said Mlamt -Dade County, Florida, fora .. '!: e. t� t.' t.'a! -�...- d attached copy of advertisement; and afttaritfurther says that I she has neither paid norpromised any person, firm or corpor any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper- ��.��•''�� --��j Swom to and subscribed before me this ' 00 day of OCTOBER , A.D. 2010 V. PE13EZ personally known to me i�,a +ee�i NotaryPuMiCSlate cfFlorida OherylA Manner •� idiComrrdssion DD70400 Feor F�o� IA1te$0%1111012 ' A i 'Sei,.'., ta:CiH$of south ilyCanSmissign to consider er the the • thlilMty.o1f. , Ma" ,the future'.land 3eeldenpai ' i $00 -11014 bti5t{Uara ' . stcomelml canntct; and ; S0.0d (:v, v)!.' '..'' Voijn %,yZIA .i p •W` �gti t r, .v:MVYU: A e q �'• • ��u c° - ,`.:1N jak:N,uly °f � ::fi'ne.'Pf:l:)A'L' • .. -; ::.. !. n r Alflnte,esfedpaNiss'hre Invited t9,a11endand Will be heard. se - .�y.+•i2t'r'v:<et':C:i!:tt ..1,:f.'1' .... .. .. .. ... ... :. .jSf- For.further it)farmati lease, eonlaet;the GISy; wsr Office at 305 - 6836340 .,. c-..:' .•ai:�;s:x ::. :.; � �'r 'i a:. �- •:at:.t..:,�•. • . � Maria M. Menendez: GMG ' .: C yCfe .1018 .::: .::... .. 82ff679469M . .... .. mac` -0 'a • s... S0.0d (:v, v)!.' '..'' 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PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 11/15/2011 In the XXXX Court, was published in said newspaper in the issues of 11/04/2011 Afflanf further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 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