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Ord No 43-10-20681 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 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 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 5, 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 (Planning 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 2 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 Amendment changing the future 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 094025- 010 -0010 5978 SW 64 ST 094025- 010 -0030 6415 SW 60 AVE 09 -4025- 010 -0040 6429 SW 60 AVE 09- 4025- 010 -0020 09 -4025- 010 -0140 094025- 010 -0160 6420 SW 59 PL 094025- 010 -0170 09- 4025- 010 -0180 6442 SW 59 PL 09- 4025- 010 -0280 6401 SW 59 PL 09 -4025- 010 -0270 5944 SW 64 ST 09 -4025- 010 -0290 6411 SW 59 PL 09- 4025 - 010 -0300 6415 SW 59 PL 09 -4025- 010 -0310 2 Section 2. A proposed Future Land Use Map Amendment to Mixed Use - 3 Affordable Housing (Two Story) is for the purpose of development of affordable housing 4 and thereby qualifies as a Small Scale Amendment pursuant to FL. Stat. 163.3187(1) (c). 6 Section 3. All ordinances or parts of ordinances in conflict with the provisions of 7 this ordinance are hereby repealed. 8 9 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any 10 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 11 shall not affect the validity of the remaining portions of this ordinance. 12 13 Section 5. This ordinance shall be effective immediately after the adoption 14 hereof. 15 16 PASSED AND ADOPTED this 19 day of October '2010 17 18 ATTEST: APPROVED: 19 20 21 22 CITY CLERK MAYOR 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 READ AN PPROVED AS TO FORM AND U IENCY: CITY ATTORNEY 3 1" Reading: 10 / 5/10 2nd Reading 10 / 1 9/10 COMMISSION VOTE: 4 -1 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Nay Commissioner Beasley: Yea Commissioner Harris: Yea X: \Comm Items\2010 \10 -5 -10 \Comp Plan PLUM Amend Madison Sq I Ord.doc South Miami erica'' CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zaay To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager r From: Thomas J. Vageline, Director Planning and Zoning Departmen REVISED Date: October 19, 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 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 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 1 of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST 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 Future 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 Use - Affordable Housing (Two Storv). This new Future Land Use Category was adopted and placed in the Comprehensive Plan by the City Commission at the October 5, 2010 meeting. This report will specifically deal with the 13 properties which are facing and south of SW 64 Street. 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 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 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 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. 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 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 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 sufficient by the Florida Department of Community Affairs in June, 2010. PROPOSED FUTURE 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 attached "Mixed Use - Affordable Housing (Two 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. SUMMARY OF MADISON SQUARE PROJECT SITE 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 1.25 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 Plan Land 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, RS4 Single 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) lots 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 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, 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 no 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 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 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. HOUSING 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 adopted plans. Policy 1.3.3 The City's Community Redevelopment Agency 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 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 "NR" Neighborhood Retail, will be changed to a new zoning use district which reflects the requirements of the Mixed Use - Affordable Housing (Two Story)" future land use category. The new zoning district entitled "MU -AH" Mixed Use- Affordable Housing (Two Story) Zoning Use District was approved on second reading at the City Commission meeting on October 5, 2010 and is now part 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 land use map change. RECOMMENDATION 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. Attachments: Exhibit A Draft Ordinance FLUM Impact Analysis Location map. Planning Department Staff report 10 -4 -10 Local Planning Agency 10 -4 -10 Public Notices VV/SAY X: \Comm ltems\2010 \10494MComp Plan FLUM Amend Madison Sq I CM Report.doe EXHIBPT "A" Proposed Amendment South Miami Comprehensive Plan Chapter I Future Land Use Element 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 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:\PBTB Agendas Staff Reports\2010 Agendas Staff Reports \8- 31- 10\PB -10 -023 Exbibit A FLUM MU -AH (2010).doc FUTURE LAND USE MAP AMENDMENT IMPACT ANALYSIS Mattison Square (north portion) SW 60 Street @ 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 /ac 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 = 11,625 gallons per day Difference: Both have the same impact Sanitary Sewer /Septic Tank County System or septic tank if 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 /capita /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 Plan\Small scale amendmentsUmpact Madison Square north.doc City of South Miami PB -10 -032 Future Land Use Map Change Mixed Use Commercial Residential (Four Story) to Mixed Use - Affordable Housing(Two Story) Madison Square Development Project N Feet w 0 100 200 300 600 900 1,200 S 6221 0201 6029 6030 6022 6008 6017 5975 5959 5943 5931 5404 5891 5807 6855 4 5031 5923 5801 SW 61ST ST SW 61ST ST � g ie ?o 6140 y g e � .a 8 g`O 6099,3 1 °,6 ES w MO. 6209 ? �, 6221 62 $ 6239 8251 SW 62ND TER JYV OLIVU�wyJ 1 54t4 5958 a � 6647 SW 61 ST ST 63RD TE @ 8210 ,yN, b w w m w HARDEE DR m 4'a �o 6420 SW 64TH T', 6174 6124 R 6140 y g e � .a 8 g`O 6099,3 1 °,6 ES w MO. 6209 ? �, 6221 62 $ 6239 8251 SW 62ND TER JYV OLIVU�wyJ 1 e a � 6647 SW 63RD TE @ 8210 ,yN, HARDEE RD HARDEE DR m 4'a �o 6420 SW 64TH T', 6174 6124 R 6521 s47o 3 6100 m a gi 6259 6257 w No 6255 g w R � 5840 671& _ 6273 6272 m 5273 V 6253 IT f- Qom' 6289 6288 - 6265 ti� 6260 6265 SW 63RD ST 6305 Aso w 6 $ 8301 6340 6307 6280 6327 6198 trs 6356 8377. SW 3RD ST 6325 6259 e a � 6647 SW 63RD TE 8210 HARDEE RD HARDEE DR m 4'a �o 6420 SW 64TH T', 6174 6124 R 6521 s47o 3 31 6135 M31 K o6of 81 66°0 w 6661 6 >ry N I i I slap I 2 ? 6320 6332 3 6357 6335 6320 6330 6364 6351 6345 6360 6390 y 4 HARDEE DR HARDEE RD —.HARQR 6401 6401 6400 8901 6400 6400 6412 $ $ 6728 6443 6411 6410 6411 6410 6443 8943 644& 6446 6421 6420 6421 8420 SUPS ECT 6457 6450 6456 > 6431 6439 a 6431 6430 PWPERT.IES ? 642o son 6461 6441 saa0 4447 6440 4500 6487 6501 6500? 6501 6500 6501 6505 6500 6501 ti N 6088 6514 6619. 6516 6511 6510 6511 6510 N 6533 6S 6527 6520 6527 6520 6$31 6530 3p 6557 0577 6531 6530 6531 6530 +`987 6549 sse� '� 6591 $ 6475 6540 5643 6540 ° m SW 66TH ST 0 "6606TH 6060 6121 0 6601 6601 6647 aVvorinw 6949 5 6871 i m R 3 6261 6281 6325 6335 6346 ISMIUN Il- IiIA1911I. 6701 6401 6421 6431 6511 6521 6 I I w I 5825 ' 6813 South Miami ao-americacav 2001 To: Honorable Chair & Date: October 4, 2010 Local Planning Agency Members From: Thomas J. Vageline, Director Re: Comprehensive Plan Planning and Zoning Department FLUM Amendment Madison Square I PB -10 -032 Aimlicant: 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 Housing (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 1 of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The 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 Plan 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 Housing (Two Sto . This report will specifically deal with the 13 properties which are facing and south of SW 64 Street. 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). The amendment for Madison Square qualifies as a small -scale amendment in that it involves the development of affordable housing (FL Star, 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 infrastructure; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. 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 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 Center/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 sufficient by the Florida Department of Community Affairs in June, 2010. PROPOSED FUTURE 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 "Mixed Use - Affordable Housine (Two Story (Exhibit A) category is the proposed future land use map amendment for Madison Square. If the attached land use category is 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. 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. SUMMARY OF MADISON SQUARE PROJECT 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 Plan Land 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 Single 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, i in a family homes; vacant story) Ell 1. Compatibility 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 Planning 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 acre and building height of the new future land use category, the impact on public facility capacities will be significantly 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 ELEMENT 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 private agencies to meet the affordable housing needs of low and moderate income residents through the implementation of specific programs, in accordance with adopted plans. Policy 1.3.3 The City's Community Redevelopment Agency 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 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 "NR ", Neighborhood Retail, will be changed to the new zoning district also entitled "MU -AH" Mixed Use - Affordable Housing (Two Story) Zoning Use District which is set for approval on second reading at the City Commission meeting on October S, 2010. RECOMMENDATION The proposed land 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. Attachments: Exhibit A Draft Ordinance, Location map. Public Notices TN /SAY X: \Comm ltems12010 \10.5 -10\Comp Plan FLUM Amend Madison Sq i CM Report.doc 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. 11. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Beckman, Mr. Morton, Mrs. Yates, Mr. Farfan, Mrs. Young, Mr. Whitman. Board members absent: Mr. Cruz. City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Lourdes Cabrera - Hernandez (Principal Planner) and Marcus Lightfoot (Permit Facilitator). City Attorney: Mr. Goldstein 111. 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 PB -10 -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 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 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 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. Action: Mrs. Yates read the item into the record. Mr. Youkilis informed the Board that the first 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 Four 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 -10 -032 and section two is PB -10 -034, which has a different land use category. The change in the category will allow Madison Square to be designated a small scale amendment for an Affordable housing area. A small scale 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 done. 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 Land Use objectives and policies related to affordable housing. Mixed -use affordable housing will have a zoning district that will have the same wording, MU- AH (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. Youkilis 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, CPA 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 inter -local agreement that is about providing affordable housing for individuals. She commented that the empty lots that were slated for affordable housing, the properties were 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 informed 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 59th 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 2.73 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 not 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 wouldmnot take away from the affordable housing. The Chair opened the public hearing. NAME Sharon McCain ADDRESS SUPPORT /OPPOSE PROJECT 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 not 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. Youkilis 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 track 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 Vote: 4 Ayes 2 Nays (Mrs. Beckman 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 Ayes 0 Nays B) Mrs. Young moved to approve the minutes of Tuesday, August 31, 2010 as presented. Mr. Ms. Beckman seconded. Vote: 6 Ayes 0 Nays VI. Adjournment: Action: There being no further business before the Board, Mrs. Yates adjourned the Local Planning Agency meeting at 9: 48 p.m. TJVISAY W:1PB\PB Minutes12010 Minutes\ IO -4- 2010\L PA. Minutes.10.4.2010.PB.10.032.doo OUT INtW,�w''Ttd .. MIAMI DAILY BUSINESS REVIEW C1 oFSCiwvmc mmi - " 7 IF QF UBLIQ HEARING ' Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade county, Florida NOTICE fS aEREB`(grven that the City Commrssfonof the Cdyof South Mlami;`Ftonda wAl`don�c�uci PutiPp Mearings'at daregularCity Commission, STATE OF FLORIDA maefmg3chedu foTTuesday O,ctbber 79, 2010 beginning at "0 p.m. COUNTY OF MIAMI -DADE: In tfie City Coinmtsy rt(p Chgmbers;' 6730 Sunset Drive to consider the , Before the undersigned authority personally appeared Atl`.O�dinance b£the f�ayor,ani9 C1ty.Commission of th @City of, V. PEREZ, who on oath says that he or she is the Daily Business 86YI J Mtam! Fick a tg&airng the.FOturaCand Uae'Map:oi the LEGAL CLERK, Legal Notices of the Miami South M)'ami �Comprghensivai Plan by changing the future'. land Review f /Wa Miami Review, a daily (except Saturday, Sunday ys@ mbap categot�' lrbi Mixed Use Commercial Residential and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, i n- (Four StooKon, xed Ns'4Affordable Housing (Two St'dry).:for 'an M6 being a Legal Advertisement of Notice in mo matter of ,.' area identitfetl a`s a part,gE pmposed'Madtsoq:Square i . Oaveiopmeot erdj0Gtgeneraliy Iodated at the southeast coripsof ! Sw 64th Sfre rVandSIR 66tft�Avanue and the southeasf.domer . i of _SW 64th Street and 5wi 59th;Place includmg'.pr8pertfes" CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING rripra specificai�y:(agally described in Scotian 1 of this ordinance; OCTOBER 19, 2010 - AMENDING THE FUTURE LAND USE MAP, r,pipwdrng "cling forordinances in corififct ;and _ "for•sever'billty, providirga'nertectivsdato j in the XXXX Court, was published in said newspaper in the issues of , t § �, : , . 5 m s � wo', V �, aim SW61Np7Eft. ;r 10/08/2010 Atffant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade �'o" off a. County, Florida and that the said newspaper has , ,, ,• a'4 • - " heretofore been continuously published in said Miami- Dade.County, .f W r e > ' •- a u an ' Florida, each day (except Saturday, Sunday and Legal Holldays) and has been entered as second class mail matter at the post S • i.. a A W �;. office in Miami in said Miami -Dade County, Florida, fora period of one year next preceding the first publication of thea, attached copy of advertisement; and afffant further says that he or she has neither paid nor promised any person, firm or corporation, wa'. wa a" " any discount, rebate, commission or refund for the purpose r ai` N of securing this advertisement for publication in the said 0T1 .. i wx wi o' ... . .d newspaper - n .:... ' aPERLIES • : a 8 vm:� `°�' an «" Eli C :. Sworn to and subscribed before me this an 08 day of OCTOBER , A.D. 2010 ., e $ _ ' i pp 88 gg gg IIjjjjj{` co AIf interested partesare invited to:attend and wilt be heard.. 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