Ord No 33-10-20581
ORDINANCE NO. 33 -10 -2058
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Mixed Use - Affordable Housing (Two story)" which
in the future could be applied to development projects providing affordable housing
units and commercial uses; providing an effective date; 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
periodically assess the success or failure of the adopted plan to adequately address
changing conditions and state policies and rules; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
adopt needed amendments to ensure that the plan provides appropriate policy guidance
for growth and development; and
WHEREAS, the City's approved Evaluation and Appraisal Report adopted by
the City Commission on January 5, 2006 via Ordinance No.01 -06 -1869 and approved by
the Florida Department of Community Affairs on May 19, 2006, recommends that a
Future Land Use Map category and a new zoning use district be created in order to used
for the Madison Square Development project which will incorporate both affordable
housing and commercial /retail uses
WHEREAS, the Local Planning Agency has been requested by the City
Redevelopment Agency to consider a revised Future Land Use Map category entitled
"Mixed Use - Affordable Housing" to be incorporated into the Comprehensive Plan Future
Land Use Element; and
WHEREAS, a Future Land Use Amendment which implements affordable
housing programs is considered a small scale amendment pursuant to FS. 163.3187(1)(c
)(f); and
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
August 31, 2010, after public hearing, adopted a motion by a vote of 7 ayes and 0 nays
recommending that the revised Future Land Use Map category entitled "Mixed Use -
Affordable Housing (Two Story)" as set forth in Exhibit "A" 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. 33 -10 -2058
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves a Future Land Use Map
category entitled "Mixed Use - Affordable Housing (Two Story)" as shown on attached
Exhibit "A" to be incorporated into the Comprehensive Plan Future Land Use Element
Section 2. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this 5thday of October , 2010
ATTEST:
1
O i M /
KOR ' r �''
READ AND APPROVED AS TO FORM
AND
CITY ATTORNEY
MAY R
1St Reading: 9 / 21 / 10
2nd Reading 10/5/10
X: \Comm Items\2010 \9 -21 -10 \Comp Plan Amend MU -Al-I Ord.doc
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
South Miami
11s•AmarieaCiN
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM soon
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: September 21, 2010 ITEM No.
Subject
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the.Comprebensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Mixed Use - Affordable Housing (Two story)" which
in the future could be applied to development projects providing affordable housing
units and commercial uses; providing an effective date; providing for severability,
providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REOUEST
The South Miami Community Redevelopment Board at its August 9, 2010 received a
report from the Agency Director proposing that the Planning and Zoning Department be
concerning the Madison Square development site. The overall purpose of the agenda item
was to allow implementation of the Madison Square project, a primary objective of the
CRA and its affordable housing program.
During the meeting the Board members expressed concern that the proposed re- zoning
and the existing land use map category still contained a height maximum, that was too
high to be compatible with the surrounding community. The CRA Board authorized
Board member (Commissioner) Beasley to meet with the Planning and Zoning
Department in order to come up with an alternative land use category and zoning district
which would be more compatible with the neighborhood.
LEGISLATIVE BACKGROUND
The final 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 are ratio. The Florida Department of
Community Affairs (DCA) in January 2008 did approve Evaluation and Appraisal Report
Eased 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 Story)" to the Madison
Square project area. The City Commission in July 2009 removed the proposed fixture land
use category from its own Evaluation and Appraisal Report Eased 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 sufficient by the Florida Department of Community Affairs in June, 2010.
NEW FUTURE LAND USE CATEGORY
The Planning and Zoning Department working with Commissioner Beasley has 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.
(1) The new land use category must incorporate 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.
(2) The density of commercial development should be half of what is allowed in the
downtown area, which is a 0.80 floor area ratio.
(3) The residential density should remain at 24 units per acre which is the maximum
permitted by the current land use category. The housing type should be clearly
defined as affordable housing.
(4) The maximum height permitted by the new land use category should be two
stories which is compatible with all abutting properties.
The attached "Mixed Use - Affordable Housing" (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 the Madison Square project.
LOCAL PLANNING AGENCY ACTION
The Local Planning Agency at its August 31, 2010 meeting after public hearing approved
a- motion by a vote of 7 ayes 0 nays recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the Comprehensive Plan Future Land Use Element be amended
by approving the attached proposed "Mixed Use - Affordable Housing_(Two Story)" as a
future land use map category.
Attachments:
Attachment "A "; Planning Department StaffReport8-31 -10; LPA Minutes Excerpt 8- 31 -10; CRAStaffrepori&9 110
TJwSAY XAComm 1temA2010 \9 -21 -10 \C0mp Plan MU -AH Text CM Report.dac
EXHIBIT "A"
4 Proposed[ Amendment
5 South Miami Comprehensive Plan
6 Chapter 1 Future Land Use Element
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19
20
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FUTURE LAND USE MAP CATEGORY
Mixed Use - Affordable Housing (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 -of- 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 0.80, 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 culturay
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:%Comm TtemsV010\9- 21- IMComP Plan Amend Exhibit A MU -AH (2010).doo
EXHIBYT "A"
Proposed Amendment
South Miami Comprehensive Plan
Chapter 1 Future Land Use Element
FUTURE LAND USE MAP CATEGORY
Mixed Use - Affordable Housing (Two Storvl
The Mixed Use - Affordable Mousing future land use map category is intended to
allow for a mixed use project which combines special housing (dermed 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 -of -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 0.80, 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 Mousing and Urban Development.
X\Comm 1te=\2010 \9 -21 -IO \Comp Plan Amend Exhibit A MU -AH (2010).doe
NMI - fill I
ROMA Aft,
'YeSaklrc
our M chbo„ 5oad a taw-, PiOce * a.,, Work One Piet'
To: honorable Chair and-, Date: August 9, 2010
SMCRA Board IVlembers
From: Stephen David, ITEM No E�
SMCRA Director AUTHORIZATIONTO SUBMIT A
REQUEST FOR CHANGES 2'NLAND-
USEAND ZONING FOR THE
PROPOSED MADISONSQUARE SITE
Resolution
A resolution of the South Miami Community Redevelopment Agency ( SMCRA) relating to
land acquisition and property disposition; authorizing the SMCRA Director to submit a
Comprehensive Plan Land -Use Map and Zoning request to the South Miami Planning &
Zoning Department for a Future Land Use Map amendment from "Single- Family
Residential" to "Mixed -Use Commercial Residential" for three (3) Agency owned land
parcels located within the proposed Madison Square Mixed -Use Development Site and for
a required zoning change from the "NR" (Neighborhood Retail) to "SR" (Specialty Retail)
for the entire Madison Square Mixed -Use Development Site to facilitate redevelopment of
an existing Agency owned 1.9 acre blighted property assemblage; and providing an
effective date
The construction of the proposed Madison Square Project is referred to in the Agency's adopted
redevelopment plan as a prune means of stimulating revitalization efforts in the Community
Redevelopment area and as a way to create a sustainable redevelopment "anchor" on the north
end of Church Street (SW 59h Place). On October 7, 2006, the SMCRA Board subsequently
authorized execution of a 2.7' ) Million Dollar loan agreement required to purchase properties
needed to develop the proposed Madison Square Project. The Agency .subsequently acquired
approximately 1.9 acres of blighted properties intended for the proposed mixed -use
redevelopment project. A map of the proposed site has been attached as Exhibit A and a map
indicating the current use of surrounding properties is attached as Exhibit B.
Also contained in the adopted redevelopment plan are several references to the existing
inconsistencies between the current land -use designation for the site and the corresponding
zoning district. Inconsistencies cited include the fact that the existing land -use designation for the
site currently allows for mixed -use residential development whereas the underlying zoning
district allows no residential development. The redevelopment plan goes on to state that these
issues must b6 resolved prior to development of the proposed site.
Approval of the attached resolution will authorize the Community Redevelopment Agency to
submit a request for zoning change and land -use change to the City's Planning Department to
achieve land -use consistency for the entire site and to allow for development of the project.
Pending approval, the following formal requests will be transmitted to the Planning Department:
® A request for zoning change for the entire site from "NR" Zoning to "SR' Zoning; and
® A request for future land -use map change for three parcels from "Single- Family
Residential" to "Mixed -Use Commercial Residential"
Maps depicting indicating the two proposed land areas for the request have been attached as
Exhibits C and D.
The above listed zoning request from the NR (Neighborhood Retail) District to the SR (Special
Retail) district will allow residential development which is currently not permitted in the existing
zoning district. The maximum residential density of the SR District is 24 dwelling units per acre.
The only other significant difference between the two districts is the fact that the SR zone has a
height limitation of up to four stories and somewhat higher commercial density. It should be
noted that the City Conunission would the ultimate determinant of project height at this location
and that a condition of approval specifying maximum height limitations for the project may be
included by the either SMCRA Board or the City Commission in the actual motion to approve
the aforementioned zoning change.
The above referenced future land -use map change relates to three land parcels only. These three
properties were purchased by the Agency following the initial identification of the site
boundaries. Each of the three properties are Iodated directly adjacent to the proposed Madison
Square site and have been previously suggested by the Board to be included in the proposed
development footprint. If included in the project, these three parcels will require a land -use
change to make then consistent with the land -use designation of remainder of the site which is
currently "Mixed -Use Commercial Residential ". The request to the Planning Department would
be that the land -use on these three parcels be changed to the same future land -use map
designation (Mixed -Use Commercial Residential) as is the remainder of the site.
Pending authorization to initiate the requests by the SMCRA Board, both land -use requests will
be submitted to the Planning Department and subsequently be scheduled for hearings by the
Planning Board and City Commission for final approval.
Recommendation
Staff recommends approval of the attached resolution authorizing the SMCRA Director to
submit the aforementioned future land -use map and zoning change requests to the South Miami
Planning & Zoning Department to facilitate a land -use change from "Single- Family Residential"
to "Mixed -Use Commercial Residential" and a zoning change from the "NR" District
(Neighborhood Retail) to the "SR" District (Specialty Retail) to facilitate development of the
proposed Madison Square Redevelopment site.
Attachments!
Map of Proposed Site and Surrounding Properties
Map Indicating Request for Lend -Use Change
Map Indication Request for Zoning Change
SUMCGRUFFIPLANNING\ Authorization to submit a Request for Land -Use and Zoning Change for the Proposed Madison Square Site.doc
CITY OF SOUTH MIAMI
LOCAL PLANNING AGENCY
Regular Meeting
Meeting Minutes
Tuesday, August 31, 2010
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:34 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Yates, Mrs. Young, Mr. Whitman, Mr.
Farfan and Mrs. Beckman. Board members absent: Mr. Cruz and Mr. Morton
City staff present: Thomas J. Vageline (planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Secretary).
City Attorney: Mr. Feingold
III. Administrative Matters:
Mr. Youkilis informed the Board that there will be a special meeting Thursday, September 9,
2010. The meeting was at the request of the CRA to help start the procedure to change the Land
Use structure.
Mr. Whitman questioned when the Board could expect the next Land Use map amendments. Mr.
Vageline responded that some of them are small scale amendments, which are being brought
forward as quickly as they could be produced. Large scale amendments can only be processed
twice a year.
Local Planning Agency
August 31, 2010
Page 2 of 5
Mr. Whitman questioned what the difference is between a large and small scale amendment. Mr.
VageIine replied that small scale amendments are usually Future -Land Use Map amendments
that are less than ten acres in size or contain affordable housing requirements. Small scale
amendments are processed by coming to the LPA then to City Commission for first and
seconded reading then to DCA then it is done. He commented that the large scale amendments
come to the Local Planning Agency and go to the City Commission as first reading of an
ordinance. Then it is sent to DCA for comments and returns to the City Commission for two
more readings then back to DCA. A large scale amendment is more than ten acres in size or any
text amendments.
M Planning Board Applications/Public Hearings
PB -10 -023
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
amending the text of the South Miami Comprehensive Plan, by amending the
Comprehensive Plan Future Land Use Element in order to adopt a new future land use
map category entitled "Mixed Use - Affordable Housing (Two story)" which in the future
could be applied to development projects providing affordable housing units and
commercial uses; providing an effective date; providing for severability, providing for
ordinances in conflict; and providing an effective date.
Action: Mrs. Yates read the item into the record.
Mr. Youkilis informed the Board that the item comes as a request from the South Miami
Community Redevelopment Agency (CRA). This is to begin the process of changing the Future
Land Use Map and Zoning District for the Madison Square area. The area has been designated
an affordable housing site by the City for many years. In the past two years, the applicant has
taken action on attempting to change the Future land Use Map and the Zoning of the area. None
of them were adopted or included in the EAR Based Text amendment document that was
recently approved by DCA. It is being brought back so that the process could be restarted. Even
though it is a text amendment to create a new category, it is still considered a small scale
amendment because it is related to affordable housing.
On August 9, 2010, the CRA did propose a change to the Future Land Use Map and the zoning
because the current maximum permitted building height was too tall to be compatible to the
surrounding community. The Board did not act on the proposal; however, they asked that
Commissioner Beasley work with the Planning and Zoning Department to try to develop a future
land use category and zoning district language that would respond to the wishes of the CRA
Board. Staff is currently starting to implement a number of those changes and has been working
with Commissioner Beasley preparing a new land use category which should meet the needs of
the Madison Square project and the residents. On page two (1 -4) the land use category must
include affordable housing and a mix of business. The elements include the density of
commercial development should be half of what is allowed in the downtown area or a floor area
ratio of 0.80. The residential density should remain at 24 units per acre, which is the maximum
permitted by the current land use category. The housing type should be clearly defined as
Local Planning Agency
August 31, 2010
Page 3 of 5
affordable housing and the maximum height permitted by the new land use category should be
two stories. The name of the category is Mixed Use - Affordable Housing (Two Story).
Mixed Use — Affordable Housing should include:
1. 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 -of -way.
2. 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:
a. minimum lot size of 1.0 acre;
b. maximum building height of two stories;
C. maximum F.A.R. of 0.80; and
d. maximum residential density of 24 units /aore.
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.
4. For the purpose of this Future Land Use Map category the residential component of a
development 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.
Staff recommends that the Planning Board amend the Comprehensive Plan by approving the
attached proposed "Mixed Use - Affordable Housing" as a future land use map category.
Mrs. Young questioned the term Mixed Use - Special Housing. Mr. Youkilis responded that it was
a typo and should be titled Mixed Use - Affordable Housing. She questioned on page 1 under
Summary Request if the term should be considered present tense or past tense. Mr. Youkilis
responded that the Zoning is NR, but staff suggested SR. The Board wanted stricter guidelines
so it was rewritten.
Mrs. Young questioned if Madison Square was taken out was the entire report submitted. Mr.
Youkilis responded yes. She then recommended taking out the word "entire ".
Local Planning Agency
August 31, 2010
Page 4 of 5
She questioned under PB- 10 -23, if the term `which in the future' could be applied to future
projects. Mr. Youkilis responded it could be applied to some areas like Madison Square that
require another step.
Mrs. Beckman questioned if Madison Square was in mind when this category was being
designed. She commented that since the EAR has an affordable housing category how it
coincides. Mr. Whitman responded that is not in the land use category. Mr. Youkilis commented
that in the EAR amendment it is noted that the city needs to develop a certain number of
affordable housing units and it has been set as an inspirational goal.
Mr. Youkilis informed the Board that the project will be limited due to the acres per unit
maximum.
Mrs. Beckman questioned the retail and office uses in the building and how does that work with
parking. Mr. Youkilis responded that all retail and businesses must remain on the ground floor.
Mr. Vageline replied that once the overall dimensional requirements are established, the project
needs to be designed. There will be a portion that is retail. Then the parking needs to be located
within the property.
Mrs. Beckman questioned the seventy -five lot coverage and would that include twenty -five
percent greenery. Mr. Youkilis responded that the seventy -five is the lot cover and at this level it
is about height density and number of units.
Mrs. Beckman recommended placing a measure for what is affordable housing. Mr. Youkilis
commented that in 2005, the word affordable was used. He commented that now U.S.
Department of housing and Urban Development (-IUD) has two categories: low and moderate
income.
Mrs. Yates commented that there should not be a number placed on the housing since the
numbers change each year and throughout the county.
The Chair opened the public hearing.
No Discussion
The Chair closed the public hearing.
Motion: Mr. Far£an moved to approve the application as presented with the condition special
housing be taken out. Mrs. Young seconded.
Vote: 7 Ayes 0 Nays
V. Minutes
Local Planning Agency
August 31, 2010
Page 5 of 5
A) Meeting minutes will be distributed at the next meeting.
VI. Adjournment:
Action: There being no further business before the Board, Mrs. Yates adjourned the Local
Planning Agency meeting at 7:56 p.m.
VVlSAY
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