Ord No 37-10-2062ORDINANCE NO. 37 -10 -2062
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 category from Single - Family Residential (Two - Story) to Parks and
Open Space for the property identified as a part of the Murray Park Community Center
located at 5800 SW 66th Street and legally described as Lot 1, Block 1, Larkins Townsite
(Folio No. 09- 4025- 028 - 0010); providing for severability; providing for ordinances in
conflict; and providing an effective date.
WHEREAS, Application PB -10 -018 is a request for a Comprehensive Plan Future Land
Use Map Amendment being initiated by the City in order to amend the Future Land Use Map of
the South Miami Comprehensive Plan for the property identified as a part of the Murray Park
Community Center located at 5800 SW 66th Street and legally described as Lot 1, Block 1,
Larkins Townsite from the category Single Family Residential (Two - Story) to Parks and Open
Space; and
WHEREAS, the City of South Miami purchased the property at 5800 SW 66th Street as
part of the planned Murray Park Community Center and the 2001 plans for the Community
Center the lot was shown as a driveway entrance into the Center from SW 66 Street; and
WHEREAS, the proposed amendment for 5800 SW 66th Street is a small scale
amendment initiated by the Local Planning Agency in order to correct and update the
Comprehensive Plan Future Land Use Map; and
WHEREAS, the Planning and Zoning Department staff in a report dated August 10,
2010 recommended approval of the proposed amendment based upon observations that the
amendment is needed in order to accurately reflect the location of City parks on the Future Land
Use Map and the need to maintain and protect the City's inventory of recreation and open space;
and
WHEREAS, on August 10, 2010, after Public Hearing regarding the proposed
amendment, the Local Planning Agency recommended approval of the application by a vote of
7 ayes 0 nays; and
WHEREAS, the City Commission desires to accept the recommendation of the Local
Planning Agency and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY TIIE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is hereby
amended by changing the Future Land Use Map category from Single Family Residential (Two -
Story) to Parks and Open Space for the property identified as a part of the Murray Park
Community Center located at 5800 SW 66th Street and legally described as Lot 1, Block 1,
Larkins Townsite (Folio No. 09- 4025- 028 - 0010).
Ord. No. 37 -10 -2062
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 5th day of October_, 2010
ATTEST: APPROVED:
C� a-.�-
CITY CLERK MAY R
READ AND APPROVED AS TO FORM
AN StJF CIENCY:
CITY ATTORNEY
1st Reading- 9/21/10
2nd Reading- 10/5/10
COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
X: \Comm Items\2010 \9 -21 -10 \Comp Plan FLUM Amend Murrary Park N. Ord.doc
South Miami
1l�dunericaCttg
CITY OF SOUTH MIAMI r
OFFICE OF THE CITY MANAGER zoor
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Hector Mirabile, Ph.D., City Manager 9"
From: Thomas J. VageIine, Director m� /
Planning and Zoning Department �f
Date: September 21, 2010 ITEM No. _
Subiect
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 category from Single - Family Residential (Two -
Story) to Parks and Open Space for the property identified as a part of the Murray
Park Community Center located at 5800 SW 66th Street and legally described as
Lot 1, Block 1, Larkins Townsite (Folio No. 094025- 028 - 0010); providing for
severability; providing for ordinances in conflict; and providing an effective date.
SUMMARY OF RE, EQUEST
The subject application PB -10 -018 is a Comprehensive Plan Future Land Use Map
amendment initiated by the City (Local Planning Agency) as a small scale Future Land
Use Map amendment. The City owned property is a small lot owned by the City which is
used by the City as a driveway entrance to the Murray Park Community Center on the
north side (SW 66 Street). The subject property has a current Future Land Use Map
designation of Single - Family Residential (Two- Story). The property is part of the
Community Center and should have the same Future Land Use Map Category which is
Parks and Open Space.
COMPREHENSIVE 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
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). This
amendment qualifies as a small -scale amendment and therefore DCA will not review or
comment upon the application unless a compliance protest is filed within a specified time
period.
2
The review process for a Comprehensive PIan 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 infrastructure; and 4) is the amendment
compatible with and does it advance the City's objectives and policies contained in the
Comprehensive Plan.
RECENT HISTORY OF THE SITE
The City purchased the subject lot prior to 1980 and it was made part of the Murray Park
Community Center concept in 1997 as shown on surveys prepared at that time. The 2001
plans for the Community Center show the lot being used as a driveway entrance from SW
66 Street.'The current use of the lot is a 40 foot by 137 foot long paved driveway.
PROPOSED AMENDMENT REVIEW
A small scale Future Land Use Map Amendment is required to change the designation of
Single - Family Residential (Two - Story) to the same Future Land Use Map Category as
Murray Park which is Parks and Open Space.
SITE ANALYSIS
Parcels
Comprehensive Plan
Existing Land Use
Category
Land Development
Code Existing Zoning
District
Actual Use
North
Single Family Residential
RS -4
Single family homes
East
Public and Institutional
PUD -M
Multi- Family Housing
SOUth
Parks and Open Space
PR Parks & Recreational
Community Center
VJeSt
Single Family Residential
RS -4
Single family homes
1. Compatibility of Use: The property is located in a single- family zoning district. The
use of the lot as part of the Community Center serving local area residents is a
compatible land use.
2. Compatibility, of Densitv/FIeiaht: The property size is 0.13 acres (5,646 sq.ft.) The
existing land use map category and the existing zoning district would allow for a one
or two story home to be built if the lot was available for development. The proposed
future land use map category will only allow for park related use.
Impact on Public Vaeilities: 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. For purposes of this report, presented below is a summary of the projected
impact of the proposed land use map category on public facility capacity.
a) Park/Recreation Facilities
Increases acreage in the park and open space category
Positive impact
b) Schools
No impact.
c) Solid Waste
No impact.
Wastewater (Sewer)
No impact
d) Potable Water
No impact
e) Traffic /Streets
No impact
4. Compatible with Comprehensive Plan.
A proposed Future Land Use Map Amendment should be compatible with and
advance the goals and policies contained in the City's Comprehensive Plan. The
proposed amendment is consistent with and supports the following goals and policies:
RECREATION AND OPEN SPACE ELEMENT
Goal I To ensure the availability ofadequate parkfacilities and open
space for citizens of South Miami.
Policy 1.1.1 Retain the existing park acreage and facilities, thereby
providing a level of service standard of 4 acres per], 000
population.
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.......
rd
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adjacent uses shall be the major
determinant.
FUTURE REZONING
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. The
current zoning district of "RS -3" Low - Density Residential will need to be changed to the
"PR ", Parks and Recreation Zoning District.
STAFF OBSERVATIONS
I. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan by adding open space acreage required to maintain the required
level of service standard.
2. The amendment is needed in order to accurately reflect the use of the property on the
City's official Future Land Use Map.
3. The use of the property is compatible with abutting land uses.
4. The proposed land use map category change will have no impact on public facilities
including traffic, waste collection, water and sewers.
PLANNING BOARD ACTION
The Local Planning Agency at its August 10, 2010 meeting after a public hearing adopted
a motion by the vote of 7 ayes 0 nays recommending approval the subject Future Land
Use Map amendment
RECOMMENDATION
It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM)
amendment from the "Single Family Residential" Land Use Map category to the "Parks
and Open Space" category for the driveway entrance to the Community Center located at
5800 SW 66th Street be approved.
Attachments:
Draft Ordinance
Location map
Planning and Zoning Dept. Report 8 -10 -10
Local Planning Agency Minutes Excerpt 8 -10 -10
VVISAY
X.Commltems12 01 019- 21- 1 0 kCompPlanFLUM,4mendMurrary ParkN CMReport.wbk
City of South Miami
PB -10 -018 and PB -10 -019 Future Land Use Changes
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(2) Lots 10 - 17, Block 8, Townsite of Larkin - Mixed -Use Commercial Residential to Parks and Open Space
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To: Honorable Chair & LocaI
Planning Agency Members
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: August 10, 2010
Re: Comprehensive Plan Future
Land Use Map Amendment: 5800
SW 66 Street (Murray Park
Driveway)
PB -10 -018
Applicant: City of South Miami
Location: 5800 SW 66th Street
An Ordinance of the Mayor and City Commission of the City of South Miami Florida,
amending the Future Land Use Map of the South Miami Comprehensive Plan by changing
the future land use category from Single -Family Residential (Two- Story) to Parks and
Open Space for the property identified as a part of the Murray Park Community Center
located at 5800 SW 66th Street and legally described as Lot 1, Block 1, Larkins Townsite
(Folio No. 09 -4025- 028 - 0010); providing for severability; providing for ordinances in
conflict; and providing an effective date.
SUAMARx OV REQUESx
The subject application PB -10 -018 is a Comprehensive Plan Future Land Use Map amendment
initiated by the City (Local Planning Agency) as a small scale Future Land Use Map amendment,
The City owned property is a small lot owned by the City which is used by the City as a
driveway entrance to the Murray Park Community Center on the north side (SW 66 Street). The'
subject property has a current Future Land Use Map designation of Single -Family
Residential(Two- Story). The property is part of the Community Center and should have the
same Future Land Use Map Category which is Parks and Open Space.
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 City's Local
Planning Agency (Planning Board). Following approval 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). This amendment qualifies as a small -scale
amendment and therefore DCA will not review or comment upon the application unless a
compliance protest is filed within a specified time period.
Future Land Use Map Amendment
5800 SW 66 Str.
August 10, 2010
Page 2 of 4
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 infrastructure; and 4) is the amendment compatible with and does it advance the City's
objectives and policies contained in the Comprehensive Plan.
RECENT HISTORY OF THE SITE
The City purchased the subject lot prior to 1980 and it was made part of the Murray Park
Community Center concept in 1997 as shown on surveys prepared at that time. The 2001 plans
for the Community Center show the lot being used as a driveway entrance from SW 66 Street.
The current use of the lot is a 40 foot by 137 foot long paved driveway.
PROPOSED AMENDMENT REVIEW
A small scale Future Land Use Map Amendment is required to change the designation of Single -
Family Residential (Two- Story) to the same Future Land Use Map Category as Murray Park
which is Parks and Open Space.
ITE ANALI'SIS
S
Parcels
Comprehensive Plan
Land Development Code
Actual Use
Existing Land Use
Existing Zoning District
Category .
l�lo�
Single Family Residential
RS -4
Single £amity homes
East
Public and Institutional
PUD -M
Multi - Family Housing
South
Parks and Open Space
PR Parks & Recreational J
Comruunity Center
West
Single Family Residential
RS-4
Single family homes
1. Compatibility of Uses The property is located in a single - family zoning district. The use of
the lot as part of the Community Center serving local area residents is a compatible land use.
2. Compatibility of Density/Heigh- : The property size is 0.13 acres (5,646 sq.ft.) The existing
land use map category and the existing zoning district would allow for a one or two story
home to be built if the lot was available for development. The proposed future land use map
category will only allow for park related use.
3. 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. For purposes
of this report, presented below is a summary of the projected impact of the proposed land use
map category on public facility capacity.
Future Land Use Map Amendment
5800 5W 66 Str.
August 10, 2010
Page 3 of 4
a) Park/Recreation Facilities
Increases acreage in the park and open space category
Positve impact
b) Schools
No impact.
c) Solid Waste
No impact.
d) Wastewater (Sewer)
No impact
e) Potable Water
No impact
f) Traffic /Streets
No impact
4. Compatible with "Comprehensive Plan.
A proposed Future Land Use Map Amendment should be compatible with and advance the
goals and policies contained in the City's Comprehensive Plan. The proposed amendment is
consistent with and supports the following goals and policies:
RECREATION AND OPEN SPACE ELEMENT
Goal 1 To ensure the availability of adequate parkfacilities and open space
for citizens of South Miami.
Policy 1.1.1 Retain the existing park acreage and facilities, thereby providing a
level of service standard of 4 acres per 1, 000 population.
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.......
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map,
compatibility with adjacent uses shall be the major determinant.
Future Land Use Map Amendment
5800 SW 66 Str.
August 10, 2010
Page 4 of 4
FUTURE REZONING
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. The current zoning
district of "RS -4" Single - Family Residential will need to be changed to the "PR ", Parks and
Recreation Zoning District.
STAFF OBSERVATIONS
1. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan by adding open space acreage required to maintain the required level of
service standard.
2. The amendment is needed in order to accurately reflect the use of the property on the City's
official Future Land Use Map.
3. The use of the property is compatible with abutting land uses.
4. The proposed Iand use map category change will have no impact on public facilities
including traffic, waste collection, water and sewers.
RECOMMENDATION
It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM)
amendment from the "Single Family Residential" Land Use Map category to the "Parks and
Open Space" category for the driveway entrance to the Community Center located at 5800 SW
66th Street be approved.
Attachments:
Location map
Copies of Public Notices
TJV / /SAY
X:\PB\PB Agendas Staff Repmts\2010 Agendas Staff Reports \840.10T13 -10 -018 COMP PLAN Amend Murray Park Drive.doc
CITY OF SOUTH MIAMI
LOCAL PLANNING AGENCY
Regular Meeting
Meeting Minutes
Tuesday, August 10, 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 7:31 P.M.
The Pledge of Allegiance was recited in unison.
IL Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr.
Whitman, Mr. Farfan, Mr. Cruz and Mrs. Beckman. Board members absent: None
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
PB -10 -018
Applicant: City of South Miami
Location: 5800 SW 66th Street
An Ordinance of the Mayor and City Commission of the City of South Miami Florida,
amending the Future Land Use Map of the South Miami Comprehensive Plan by changing
the future land use category from Single - Family Residential (Two- Story) to Parks and
Open Space for the property identified as a part of the Murray Park Community Center
located at 5800 SW 66th Street and legally described as Lot 1, Block 1, Larkins Townsite
(Folio No. 09- 4025- 028 - 0010); providing for severability; providing for ordinances in
conflict; and providing an effective date.
Planning Board Meeting
August 10, 2010 .
Page 2 0£2
Action: Mrs. Young read the item into the record.
Mr. Youkilis stated that the subject property that faces 5800 SW 60h Street is the access to the
Community Center. The drive way of the Community Center is classified as Single - Family
Residential. This is a technical clean up and should be made part of the Land Use category which
covers the Community Center, Parks and Open space. There is no impact on facilities; the
property will stay as a drive way, at some future date the City will change the zoning to reflect
what is currently there. The State Law requires that the Land Use Category should depict what is
in the field. Staff recommends that the change from Single Family Land Use to Park and Open
Space be approved.
The Chair opened the public hearing.
No speakers
The Chair closed the public hearing.
Mrs. Beekman questioned if it was a piece of the street that was zoned Single- Family and how
can mistakes Pike this happen. Mr. Youkilis responded that there are many of these errors in the
Comprehensive Plan and the LDC. Staff is trying to correct these issues.
Mr. Whitman commented that the category is incorrect and needs to be corrected. There are
situations like this all over the city that need to be looked at one at a time. Mr. Farfan commented
that the City of South Miami is not the only city that has this issue.
Motion: Mr. Morton moved to approve the proposed amendment as presented. Mrs. Young
seconded.
Vote: 7 Ayes 0 Nays
XAComm ItemsVO10 V- 21- 10%PA.Minutes.Excerpt Driveway 8- 102010.doe
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, MiambDade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, 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 Miaml -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 - OCTOBER 5, 2010
in the XXXX Court,
was published in said newspaper in the Issues of
09/24/2010
Affiant 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 afflant 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 ad r publication in the said
newsgap- i
Sworn t2,aric?�cribed before me this
24 day off SEPTEMBER , A.D. 2010
(SEAL)
MARIA MESA personally known to me
lig ubtStata�. Marinerission 00797198Y2012
ti
�N . ¢M1N
CITY OF 50UT�1 M18ft
NOTICE Or PIUSLIC
NOTICB is HERESY given thatthe CIty:Commission of the Cltyof South
Miami, Floridawifl conduct ptibhe Hearings at Rs regular City Commission
meeting scheduled,fdr Tuesday, October 5, 2010beginning at: ;depth.
Irlthe CiVOommission Chambers, 6130 Sunset Drive.
foSlovnn9item(s)
I Hem 1 i;
An Ordinance of the Mayot and CATCOminisshm of the Clbl of
South Miami Florida; amending ttieFNture Ladd Use Map of the
South Miami Comprahensive Plan, by changing file future land
tusg` arateyory fldm,; Single - Family; Residential (.'Cv%Sfdry) ;ter .
parks and Dped Spaceforthe property identified as a part oht e'
Mur[ayjRark Community Center located at 5800 SW 66th Street
' arid.legally descr bed as lot Otock fy Larkins 7ownsde (Kgilo
No 09- 4025.028-0D10)t proyidmg. {St severabi6ty'providing for
ordinances In co0file.
and pi'ovidirigan effective date
Rerp2 '.• ''
An Ordn #apce of ttte Mayor and City. Comnpssian of the C(t)±' of
i$oulfi,Miarni Florida, amending the. Futu, Larid.tlse Map of.ihe'
South, Mietrli Comprah,'one i , laid Chan Ing�the future 10pd,
use category from Mf>ted -Use Commercial Rsidentloi (Four
Storg) fq Parks anyj Open Spacefor'the three,prgpertles ideoti-
fled as s;partof the Murray Park.Epmmunky CenteT located at
6845 fie565�N SathStreot antl 673i:SW 582h.Pia4 e antl, legally
descnhed a9 Lots,,Y thru 17, 6locli:8 '1''ownlid Larlu6 (F01 oa; lio
}�be 'osi4azs- ozs -pgnot o9.4oz5- ate -o910 osaazs- m6- 4s
providing for sdveraftihiy,, providing for ordinances in conflict;,
air and,ptgvitling en eH,e",�five:date,
1 k ers a�+i wa 65N avalxsua r
PftOPiBIM
srrimasr -
SOSJECf
pR0 ➢FR7y2, : _
"Will �-vp
ALL interested parties are inyited to attend and will be heerd.
Fbr further Information please, berried the City Clerk's Office at
' Mans M. Menendez, CMC':
'City Gent
Pursuant to Flonda Statutes 286-0105- 'the City hereby advises the public
that if a person deadeslq,appeal any declsion made by this Board, Agen-
cy or Cofirnission with respect to any matter considered at its meeting or
has nnga heorsfie will need a record of the proceedings, and that for'such
purpega,;:atfected person may need to ensure that a verbatim record of
the proceedings Is made which record includes the testimony and'evi-
dence.uponwhich the appealistobebased. iO3.30611565346M
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