Ord No 44-10-2069I
ORDINANCE NO. 44 -1 0 -2069
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 Residential / Limited Commercial District (Two Story)
for an area identified as all properties facing the west side of SW 62 Avenue from
SW 64th Street to SW 69th Street including 6914 SW 62 Avenue said 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 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, recommended that a
Future Land Use Map category and a new zoning use district be created in order to
reduce density and incompatibility for the SW 62 Avenue Corridor from SW 64th Street
to SW 70th Street including 6914 SW 62 Avenue; and
WHEREAS, the City Commission at its October 20, 2009 meeting adopted
Ordinance No 24 -09 -2016 which placed a new future land use category entitled
"Residential / Limited Commercial District (Two Story)" into the pending Evaluation and
Appraisal Text Based Amendments document; and
WHEREAS, the City Commission on April 6, 2010 adopted Ordinance No. 09-
10 -2034 approving all of the proposed EAR Based Text Amendments to the
Comprehensive Plan including the new future land use category Residential / Limited
Commercial District (Two Story); and
WHEREAS, a Future Land Use Map Amendment for SW 62 Avenue qualifies as
a small -scale amendment in that it is less than 10 acres and has a residential density
below 10 units per acre pursuant to FS. 163.3187(1)(c )(f); and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
the South Miami Comprehensive Plan by changing the future land use map category from
Mixed -Use Commercial Residential (Four Story) to Residential / Limited Commercial
District (Two Story) for an area identified as all properties facing the west side of SW 62
Avenue from SW 64th Street to SW 69th Street including 6914 SW 62 Avenue; and
Ord. no. 44 -10 -2069 2
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
October 4, 2010, after public hearing, adopted a motion by a vote of 6 ayes and 0 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.
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 Residential / Limited Commercial District (Two Story) for all
properties facing the west side of SW 62 Avenue from SW 64th Street to SW 69`" Street
including 6914 SW 62 Avenue said properties more specifically legally described as:
FOLIO
ADDRESS
0940250120330
_
6400 SW 62ND AVE
0940250120350
6420 SW 62ND AVE
0940250120370
6600 SW 62ND AVE
0940250120380
6470 SW 62ND AVE
0940250120390
0940250120400
0940250120410
6718 SW 62ND AVE
0940250120420
0940250120470
6780 SW 62ND AVE
0940250220170
6800 SW 62ND AVE
0940250220180
6820 SW 62ND AVE
0940250220190
6842 SW 62ND AVE
0940250220230
6914 SW 62ND AVE
FOLIO
ADDRESS
0940250120430
0940250120440
0940250120500
6600 SW 62ND AVE
0940250120480
0940250120490
0940250120450
0940250120460
6718 SW 62ND AVE
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.
hereof.
Section 4. This ordinance shall be effective immediately after the adoption
PASSED AND ADOPTED this 19 day of October 2010
Ord. No. 44 -10 -2069
ATTEST:
CCl CLE��
' . . .. •
/�
CITY A
APPROVED:
/W -
MAYO
1St Reading: 10 / 5/ 10
2nd Reading 10/19/10
TO FORM COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items\2010 \10 -5 -10 \Comp Plan FLUM Amend SW 62 Ord.doe
4 -1
Yea
Yea
Nay
Yea
Yea
South Miami
CITY OF SOUTH MIAMI v
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Hector Mirabile, Ph.D., City Manager 1
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
REVISED
Date: October 19, 2010 ITEM No.
Subicct
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 Residential / Limited Commercial District (Two Story)
for an area identified as all properties facing the west side of SW 62 Avenue from
SW 64th Street to SW 69`x' Street including 6914 SW 62 Avenue said 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 implement a new Future Land Use Map
category placed in the Comprehensive Plan as part of the Evaluation and Appraisal
Report adopted in 2010.
The subject property has a current Future Land Use Map designation of Mixed Use
Commercial Residential (Four story). The appropriate Future Land Use Map Category
will be the Residential / Limited Commercial District (Two Story).
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 SW 62 Avenue qualifies as a small -scale amendment in that it is less than 10 acres
and has a residential density below 10 units per acre (FL Stat, 163.3187(c)(1). The
2
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.
The planning history of development along this corridor has been the subject of many
studies and reports going back almost 25 years. In order to understand some of the issues
facing the area, the following summary history is provided.
(1) 1994- Hometown Plan Area 2 Plan. Recommendations for the SW 62 Ave. Corridor
(aka Paul Tevis Drive) were included in this plan which was developed using the citizen
charrette process. A number of streetscape design recommendations were made and it
was proposed that "infill new Main Street" buildings should be located on the west side
of SW 62 Ave,
(2) 1997- The BAR Amendments submitted to DCA and approved by the City
implemented the 1994 recommendations by changing the future land use map category
for the corridor from Neighborhood Retail (Two Story) to a new category entitled Mixed
Use Commercial /Residential (Four Story), also created in 1997. The basic philosophy
was to create mini downtowns in several neighborhoods. The new Iand use category was
applied to the SW 62 Ave. area, Madison Square, and the downtown. It requires mixed
use, allows 24 residential units per acre, four story height, and a 1.6 Floor- Area - Ratio.
The underlying zoning district of "NR" Neighborhood Retail which has extreme
limitations on development was never removed or replaced. The liberal land use category
and the very strict underlying zone is a basic unresolved conflict which has resulted in
on -going neighborhood concerns and no new development in the corridor.
(3) 2002 and 2003- The City conducted a "Charrette" planning exercise for the S.W. 62nd
Avenue Corridor. The charrette was guided by a team of experts from the University of
Miami, which issued a very detailed report on recommendations and ideas coming from
the charrette. The basic recommendation of the Final Report was that S.W. 62nd Avenue,
from SW 64th Street to SW 70th Street should be revitalized. The report recommended
that the subject area become a mixed use area with buildings of two to three stories. After
3
additional meetings and a workshop there were no decisions made on the development
issues for the SW 62 Avenue Corridor.
(4) 2006 The adopted 2006 Evaluation and Appraisal Report set forth a specific
direction for the future land use category for the SW 62 Ave. Corridor (p. 12) as follows:
"Change mixed use commercial /residential to a category that allows
for current or existing uses plus mixed -use commercial /residential,
offices, or townhomes (limited to two stories) "
(5) 2009 -2010 — The City Commission at its October 20, 2009 meeting adopted
Ordinance No 24 -09 -2016 which placed a new future land use category entitled
"Residential / Limited Commercial District (Two Story)" into the pending Evaluation and
Appraisal Text Based Amendments document. The City Commission on April 6, 2010
adopted Ordinance No. 09 -10 -2034 approving all of the proposed EAR Based Text
Amendments to the Comprehensive Plan including the new future land use category
Residential / Limited Commercial District (Two Story).
PROPOSED FUTURE LAND USE MAP AMENDMENT
A new future land use map category for the SW 62 Avenue Corridor must reflect the
current development trends in the area and current economic considerations. There has
been very little new construction in the corridor area for over a decade. The 1990's
concept of creating "main" street type buildings or a mini - downtown for the SW 62
Avenue Corridor is no longer appropriate at this time. This area must be thought of as a
transition area because of its immediate adjacency to single family homes abutting to the
West.
The future land use map category "Residential / Limited Commercial District (Two
Story)" is proposed for the SW 62 Avenue Corridor. The standards set forth are
compatible with the transitional character of the corridor and further recognizes that
Iimited residentially oriented retail uses and other services are acceptable. The proposed
land use category encourages mixed use but it is not a requirement. Finally all existing
buildings and uses may remain, however, those which are not compatible with the
adopted land use category or the new zoning use district will become non - conforming.
The category currently in the Comprehensive Plan reads as follows:
The Residential /Limited Commercial District (Two Story) future land
use map category is intended to allow for low- density residential
development and limited commercial development in a transition area
abutting single ,family homes. The maximum heifht of all new
construction shall be two stories. Residential development shall be
limited to townhouse development at a maximum of 5 units per acre.
Commercial development shall be limited to a maximum floor- area -ratio
0
o 0.80 and shall include only those retail and personal service (office)
needs for the local neighborhood residential areas. The specific type of
retail and office uses shall be set forth in the appropriate zoning use
district in the Land Development Code. The Land Development Code
shall provide for a mandatory no- construction buffer / landscape area
and a required wall or fence at the rear of all properties facing or
abutting single family residential.
Mixed use development is encouraged Existing buildings and uses
which are not consistent with the standards for this land use category or
with standards for the zoning use district applied to this area may
continue to exist and function but shall be subject to the non - conforming
regulations set forth in Land Development Code Section 20 -4.8.
ANALYSIS OF SW 62 AVENUE CORRIDOR
The west side of SW 62 Avenue between SW 64 Street and SW 69th Street which is
considered "the Corridor" now consists of 20 lots and has a total land area of 3.85 acres
(167,706 square feet). A total of 2.31 acres (100,623 square feet) remain vacant. There
are now five existing buildings with a total built floor area of 20,939 square feet. The
existing floor area ratios for the existing buildings range from 0.211 to 0.821 with an
overall average of 0.524. The existing uses include a professional office building, a
community newspaper publishing building, a personal skills instruction studio, a food
store and a real estate agency.
Parcels
Comprehensive Plan
Land Development Code
Actual Uses
Existing Land Use
Existing Zoning District
Category
North
Single Family Res. (two story)
RS -3 Single Family Res.
Single family homes
Bast
Single Family, Educational,
RS4 Single Family Res., PI-
Single family homes; School;
Public Institutional, Multi-
Public Institutional; RM -18 -
Senior Services Center; Multi -
Family Res. Mixed Use
Multi- Family Res. H- Hospital
Family Housing; Hospital
Commercial Residential (two-
parking lot
four story)
South
Transit Oriented Development
TODD (MU -5) (4 +4 Stories)
Office building
District (4 + 4 Stories)
West
Single Family Res (two story)
RS -3 Single Family Res.
Single family homes
1. Compatibility of Use: The entire corridor directly abuts a single - family zoning
district. The use of property in the corridor would be limited to uses, density and
building height which would be compatible with single family homes.
2. Compatibility of Density/Height: The proposed land use map category would
limit development to two stories in height and a residential density which would
be compatible with the surrounding single family neighborhood.
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. 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 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 decreased.
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 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 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 districts of "NR" Neighborhood Retail and "LO" Low Intensity Office
will need to be changed to the a new zoning use district which reflects the requirements
of the "Residential / Limited Commercial District (Two Story)" future land use category.
PLANNING BOARD ACTION
The Planning Board (Local Planning Agency) after public hearing on October 4, 2010
adopted a motion by a vote of 6 ayes and 0 nays recommending approval of the proposed
land use map change. The Agency approval included the deletion of two properties, 6230
SW 69" Street and 6201 SW 70th Street. Due to a boundary line discrepancy the land
6
use map change for these two properties will require a separate map amendment to be
considered at future date.
RECOMMENDATION
The amendment is needed in order to protect the surrounding residential community from
inappropriate land uses. It is recommended that the proposed Comprehensive Plan Future
Land Use Map (FLUM) amendment from the Mixed -Use Commercial Residential (Four
Story) to Residential / Limited Commercial District (Two Story) for all properties facing
the west side of SW 62 Avenue from SW 64th Street to SW 60 Street including 6914
SW 62 Avenue and excluding two properties located at 6230 SW 69a' Street and 6201
SW 70th Street, be approved on second reading.
Attachments:
Draft Ordinance,
Location map.
PLUM Impact Analysis
Planning Department Staff Report 10 -4 -10
Land Development Agency Minutes Excerpt 10 -4 -I0
Ord. No. 24 -19 -2016
Ord. No. 09 -10 -2034
Public Notices
TJV /SAY
X: \Comm Items\2010110 -5 -10 \Comp Plan FLUM Amend SW 62 Corridor CM Report.doc
City of South Miami
PB -10 -035 Future Land Use Map Change
Mixed -Use Commercial Residential (Four Story) to Residential /Limited Commercial District (Two Story) N
SW 62° Avenue Corridor w�
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ST I
FUTURE LAND USE MAP AMENDMENT
IMPACT ANALYSIS
SW 62 Avenue (west side
SW 62 Avenue between SW 64" Street and SW 70 Street
3.85 acres
Future Land Use Map (FLUM) change proposed
From: Mixed Use Commercial Residential (Four Story)
To: Residential / Limited Commercial District (Two Story)
Residential density
From: 24 dwelling units per acre & retaillof lice 4 stories
To: 5 dwelling units per acre & retail /office 2 stories
Difference: Decrease of 19 dwelling units per acre &'/ retail /office use
Levels of Service (LOS)
Recreation
Population per dwelling unit established in 2000 Census as
2.5 people per dwelling unit
3.85 acres x 24 du /ac x 2.5 people per dwelling unit = 231 people
3.85 acres x 5 du /ac x 2.5 people per dwelling unit = 49 people
Recreation LOS = 1 acre of land per 1,000 population
182 less people will require a 0.73 ac less Recreation land
The City has an excess of Recreation land of more than 8 acres.
Difference: Decrease in impact.
Potable Water
182 less people @ 155 gallons /capita /day = 28,210 less gallons per day
and '/2 the retail /office use presently allowed.
Difference: Decrease in 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: Decrease in impact.
Solid Waste
182 less people
At 7 pounds of solid waste /capita /day = 1,274 less pounds per day
and '/Z the retail/office use presently allowed.
Difference: Decrease in 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 a decrease in the impact due to the proposed change in the Future Land
Use Map for this location.
Z:\Comprehensive Plan\Small scale amendments \Impact SW 62 Avenue (west side).doc
South Miami
Ali- AmericxCilY
2001
To: Honorable Chair & Date: October 4, 2010
Local Planning Agency Members
From: Thomas J. Vageline, Director Re: Comprehensive Plan
Planning and Zoning Departmen FLUM Amendment
SW 62 Avenue
PB -10-035
Annlicant: 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 Residential / Limited Commercial District (Two Story)
for an area identified as all properties facing the west side of SW 62 Avenue from
SW 64th Street to SW 70th Street including 6230 SW 69th Street said properties
more specifically legally described in Section I of this ordinance; providing for
severability; providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REOUEST
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 implement a new Future Land Use Map
category placed in the Comprehensive Plan as part of the Evaluation and Appraisal
Report adopted in 2010.
The subject property has a current Future Land Use Map designation of Mixed Use
Commercial Residential (Four story). The appropriate Future Land Use Map Category
will be the Residential / Limited Commercial District (Two Story).
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 SW 62 Avenue qualifies as a small -scale amendment in that it is less than 10 acres
and has a residential density below 10 units per acre (FL Stat, 163.3187(c)(1). The
2
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.
The planning history of development along this corridor has been the subject of many
studies and reports going back almost 25 years. In order to understand some of the issues
facing the area, the following summary history is provided.
(1) 1994- Hometown Plan Area 2 Plan. Recommendations for the SW 62 Ave. Corridor
(aka Paul Tevis Drive) were included in this plan which was developed using the citizen
charrette process. A number of streetscape design recommendations were made and it
was proposed that "infill new Main Street" buildings should be located on the west side
of SW 62 Ave,
(2) 1997- The EAR Amendments submitted to DCA and approved by the City
implemented the 1994 recommendations by changing the future land use map category
for the corridor from Neighborhood Retail (Two Story) to a new category entitled Mixed
Use Commercial/Residential (Four Story), also created in 1997. The basic philosophy
was to create mini downtowns in several neighborhoods. The new land use category was
applied to the SW 62 Ave. area, Madison Square, and the downtown. It requires mixed
use, allows 24 residential units per acre, four story height, and a 1.6 Floor - Area - Ratio.
The underlying zoning district of "NR" Neighborhood Retail which has extreme
limitations on development was never removed or replaced. The liberal land use category
and the very strict underlying zone is a basic unresolved conflict which has resulted in
on -going neighborhood concerns and no new development in the corridor.
(3) 2002 and 2003- The City conducted a "Charrette" planning exercise for the S.W. 62nd
Avenue Corridor. The charrette was guided by a team of experts from the University of
Miami, which issued a very detailed report on recommendations and ideas coming from
the charrette. The basic recommendation of the Final Report was that S.W. 62nd Avenue,
from SW 6e Street to SW 7& Street should be revitalized. The report recommended
that the subject area become a mixed use area with buildings of two to three stories. After
additional meetings and a workshop there were no decisions made on the development
issues for the SW 62 Avenue Corridor.
(4) 2006 —The adopted 2006 Evaluation and Appraisal Report set forth a specific
direction for the future land use category for the SW 62 Ave. Corridor (p. 12) as follows:
"Change mixed use commercial /residential to a category that allows
for current or existing uses plus mixed -use commercial /residential,
offices, or townhomes (limited to two stories) "
(5) 2009 -2010 — The City Commission at its October 20, 2009 meeting adopted
Ordinance No 24 -09 -2016 which placed a new future land use category entitled
"Residential / Limited Commercial District (Two Story)" into the pending Evaluation and
Appraisal Text Based Amendments document. The City Commission on April 6, 2010
adopted Ordinance No. 09 -10 -2034 approving all of the proposed EAR Based Text
Amendments to the Comprehensive Plan including the new future land use category
Residential / Limited Commercial District (Two Story).
P120POSED FUTURE LAND USE MAP AMENDMENT
A new future land use map category for the SW 62 Avenue Corridor must reflect the
current development trends in the area and current economic considerations. There has
been very little new construction in the corridor area for over a decade. The 1990's
concept of creating "main" street type buildings or a mini- downtown for the SW 62
Avenue Corridor is no longer appropriate at this time. This area must be thought of as a
transition area because of its immediate adjacency to single family homes abutting to the
west.
The future land use map category "Residential / Limited Commercial District (Two
Story) " is proposed for the SW 62 Avenue Corridor. The standards set forth are
compatible with the transitional character of the corridor and further recognizes that
limited residentially oriented retail uses and other services are acceptable. The proposed
land use category encourages mixed use but it is not a requirement. Finally all existing
buildings and uses may remain, however, those which are not compatible with the
adopted land use category or the new zoning use district will become non - conforming.
The category currently in the Comprehensive Plan reads as follows:
The Residential/Limited Commercial District (Two Story) future land
use map category is intended to allow for low - density residential
development and limited commercial development in a transition area
abutting single family homes. The maximum height of all new
construction shall be two stories. Residential development shall be
limited to townhouse development at a maximum of S units per acre.
Commercial development shall be limited to a maximum floor -area -ratio
0
of 0.80 and shall include only those retail and personal service (office)
needs for the local neighborhood residential areas. The specific type of
retail and office uses shall be set forth in the appropriate zoning use
district in the Land Development Code, The Land Development Code
shall provide for a mandatory no- construction buffer / landscape area
and a required wall or fence at the rear of all properties facing or
abutting single family residential.
Mixed use development is encouraged. Existing buildings and uses
which are not consistent with the standards for this land use category or
with standards for the zoning use district applied to this area may
continue to exist and function but shall be subject to the non - conforming
regulations set forth in Land Development Code Section 20 -4.8.
ANALYSIS OF SW 62 AVENUE CORRIDOR
The west side of SW 62 Avenue between SW 64 Street and SW 70 Street which is
considered "the Corridor" consists of 21 lots. and has a total land area of 4.57 acres
(199,000 square feet). A total of 2.71 acres (118,000 square feet) remain vacant. There
are six existing buildings with a total built floor area of 42,394 square feet. The existing
floor area ratios for the existing buildings range from 0.211 to 0.821 with an overall
average of 0.524. The existing uses include a professional office building, a community
newspaper publishing building, a personal skills instruction studio, a food store and a real
estate agency.
Parcels
Comprehensive Plan
Land Developramt Code
Actual Uses
Existing Land Use
Existing Zoning District
Category
North
Single Family Res. (two story)
RS -3 Single Family Res.
Single family homes
East
Single Family, Educational,
RS -4 Single Family Res., PI-
Single family homes; School;
Public Institutional, Multi-
Public Institutional; RM -18 -
Senior Services Center; Multi -
Family Res. Mixed Use
Multi - Family Res. H- Hospital
Family Housing; Hospital
Commercial Residential (two-
parking lot
four story)
South
Transit Oriented Development
TODD (MU -5) (4 +4 Stories)
Office building
District (4 + 4 Stories)
West
Single Family Res (two story)
RS -3 Single Family Res.
Single family homes
1. Compatibility of Use: The entire corridor directly abuts a single - family zoning
district. The use of property in the corridor would be limited to uses, density and
building height which would be compatible with single family homes.
2. Compatibility of DensityMeight: The proposed land use map category would limit
development to two stories in height and a residential density which would be
compatible with the surrounding single family. neighborhood.
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. 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 fixture land use category.
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 l 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 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 districts of "NR" Neighborhood Retail and "LO" Low Intensity Office
will need to be changed to the a new zoning use district which reflects the requirements
of the "Residential / Limited Commercial District (Two Story)" future land use category.
RECOMMENDATION
The amendment is needed in order to protect the surrounding residential community from
inappropriate land uses. It is recommended that the proposed Comprehensive Plan Future
Land Use Map (FLUM) amendment from the Mixed -Use Commercial Residential (Four
Story) to Residential / Limited Commercial District (Two Story) for all properties facing
the west side of SW 62 Avenue including 6230 SW 69 Street be approved.
Attachments:
Draft Ordinance,
Location map.
Ord. No. 24 -19 -2016
Ord. No. 09 -10 -2034
Public Notices
TN /SAY
XAMPB Agendas Staff Reports\2010 Agendas Staff Reports \10-410 \Comp Plan FLUM Amend SW C Corridor CM Report.doc
ORDINANCE NO, 24 -09 -2016
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE
LAND USE MAP CATEGORY FOR THE SW 62 °d AVENUE CORRIDOR
WHICH AMENDMENT WOULD BE BASED UPON THE
RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR
REPORT AND WOULD BE APPLICABLE ONLY TO THE SW 62 "a AVENUE
CORRIDOR; PROVIDING FOR SEVERABILITY, 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 completed its proposed' Evaluation and Appraisal Report
Based Textural Amendments consistent with the requirements of Chapter 163, Part 11,
F.S., and Rule 9J -S and 9J -11, F.A.C.; and
WHEREAS, the City Commission at a special meeting on August 23, 2007
reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
to the Comprehensive Plan, and adopted on first reading an ordinance approving the
Report and authorized its transmittal to the Florida Department of Community Affairs for
review and comment; and
WHEREAS, the Florida Department of Community Affairs in a communication
dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
(ORC) Report which report found that the EAR Comprehensive Plan amendments to be
consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part 11, Florida
Statutes; and
WHEREAS, the City of South Miami was required by Florida State Statute
Section 163.3191 to adopt by ordinance the final Evaluation and Appraisal Report Based
Text Amendments by May 18, 2008; and
Page I of 3
Ord. no. 24 -09 -2016
WHERE AS, the City Commission to date has not adopted the Evaluation and
Appraisal Report Based Text Amendments; and
WHEREAS, in order to expedite development activity it is proposed that a
revision to the Evaluation and Appraisal Report Based Text Amendments be made to
include a Future Land Use Map Category specifically for the SW 62 Avenue Corridor;
and
WHEREAS, the revised Future Land Use Map category for the SW 62 Avenue
Corridor entitled "Residential/Limited Commercial District (Two Story)" incorporates
the same recommendations and standards for this area as set forth in the. City's
Evaluation and Appraisal Report (p.12, Sub -Area 1) which was adopted by the City
Commission on January 5, 2006; and
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
September 29, 2009-after public hearing, adopted a motion by a vote of 5 ayes and 0
nays recommending that the Future Land Use Map category entitled "Residential /Limited
Commercial District (Two Story)" should be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency (Planning Board) and enact the aforesaid amendment.
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 " "Residentiai/Limited Commercial District (Two Story) "" as set forth
below to be incorporated into the City of South Miami Comprehensive Plan Evaluation
and Appraisal Report (EAR) Based Text Amendments Document approved on first
reading on August 23, 2007,
Section 2. The City of South Miami Comprehensive Plan Evaluation and
Appraisal Report (EAR) Based Text Amendments Document approved on first reading
on August 23, 2007 is hereby amended to incorporate on p.17 the following:
"Residential /Limited Commercial. District (Two Story)
Page 2 of 3
Ord. Na. 24 -09 -2016
20-4.8.
Section. 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason, held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption
hereof
PASSED AND ADOPTED this Le day of October, 2009
ATTEST: APPROVED:
k P,, "1` ALZ
CITY CS ERK(yL� YOR
I" Reading: 10/06/09
2 "d Reading: 10/20/09
READ APPROVED TO FORM:
CITY ATTORNEY
xWomm Items12009 \I0.6.09`EAR Add New SW 62 Ave PLUM Otd.doo
Page 3 of 3
COMMISSION VOTE: 3 -2
Mayor Feliu:
Nay
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Nay
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Ordinance No. 09-10-2034
An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida,
adopting the Evaluation and Appraisal Report (EAR) Based Text Amendments to the South
Miami Comprehensive Plan; the amendments are to the goals, objectives, and policies for the
following Comprehensive Plan Elements: Future Land Use; Transportation; Housing;
Infrastructure; Conservation; Recreation and Open Space; Intergovernmental Coordination;
and Capital Improvements; providing for severability, 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 163.319 1, 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 completed its proposed Evaluation and Appraisal Report-
Based Textural Amendments consistent with the requirements of Chapter 163, Part 11, F.S.,
and Rule 9J -5 and.9J -11, F.A.C.; and
WHEREAS, the City Commission at a special meeting on August 23, 2007
reviewed and revised the final Evaluation and Appraisal Report Based Text amendments to
the Comprehensive Plan, and adopted on first reading an ordinance approving the Report and
authorized its transmittal to the Florida Department of Community Affairs for review and
comment; and
WHEREAS, the Florida Department of Community Affairs in a communication
dated January 18, 2008 transmitted an Objections, Recommendations, and Comments (ORC)
Report which report found that the EAR Comprehensive Plan amendments to be consistent
with Rule 9J -5, Florida Administrative Code and Chapter 163, Part 11, Florida Statutes; and
WHEREAS, the Objections, Recommendations, and Comments (ORC) Report set
forth one objection which required a minor adjustment to Policy No.1.1.6 of Chapter 8,
Capital Improvement EIement; and
WHEREAS, the Local Planning Agency (Planning Board) at its March 11, 2008
meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending
that the Evaluation and Appraisal Report Based Text Amendment report be approved; and
WHEREAS, the City Commission at its July 28, 2009 meeting adopted Ordinance
No. 13 -09 -2005, modifying on pp.16 and 17 of the Comprehensive Plan Evaluation and
Appraisal Report Based Text Amendments Document dated August 23, 2007 by removing
Ord, No. 09 -10 -2034
2
the wording of the proposed Future Land Use Map category entitled. "Neighborhood
Center/Mixed Use District (Four Story) "; and
WHEREAS, the City Commission at its October 20, 2009 meeting adopted
Ordinance No. 24 -09 -2016 modifying pp. 16 and 17 the Comprehensive Plan Evaluation and
Appraisal Report Based Text Amendments Document dated August 23, 2007 by
incorporating a new Future Land Use Map category entitled "Residential /Limited
Commercial District (Two Story) ".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves the City of South Miami
Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments
Document dated August 23, 2007 with the following modifications:
(A) In accordance with the Department of Community Affairs ORC Report dated January 18,
2008, Policy No. 1.1.6 of Chapter 8, Capital improvement Element on p. 52 is revised to read
as follows: _,,,,, —
Removal of the wording of the proposed Future Land Use Map Category entitled
"Neighborhood Center/Mixed Use District (Four Story)" on pp.16 and 17 of the
Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document
dated August 23, 2007;
(C) a new Future Land Use Map Category entitled "Residential/Limited Commercial
District (Two Story) on p. 17A of the Comprehensive Plan Evaluation and Appraisal Report
Based Text Amendments Document dated August 23, 2007, to read as follows:
"Residential / Limited Commercial District (Two Storv)
development at ,.a maximum 01 five (21 anew PRA 4 11. 11......... - - --
Ord. No. 09 -10 -2034
M
residential.
Mixed use development is encouraged Existing buildings and uses which
Section 2. The amendments set forth in the Evaluation and Appraisal Report (EAR)
Based Text Amendments approved by the City on August 23, 2007 and as modified by
Ordinance No, 13-09-2005 adopted on July 28, 2009 and Ordinance No.24 -09 -2016
adopted on October 20, 2009 are hereby incorporated into the City of South Miami
Comprehensive Plan.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof
PASSED AND ADOPTED this 6th day of April 2010
ATTEST:
��.rrW i
CITY CLERK
/
APPROVED:
MAYO Z
131 Reading: 3 /2/10
2 "d Reading 4 / 6 /10
Ord. No. 09 -10 -2034 4
!READ AN PPROVED AS TO FORM: COMMISSION VOTE: - 4 -1
DS F, IENCY :�
Mayor Stoddard: Yea
° Vice Mayor Newman: Yea
Commissioner: Palmer: Nay
CITYATTORNEY Commissioner: Beasley: Yea
Commissioner Barris: Yea
Attachment "A" Evaluation and Appraisal Report (EAR) Based Text Amendments
XAComm ltems12010\3- 2.10\EAR Amend Rev 3 -2 -10 Ord.doe
CITY OF SOUTH MIAMI
LOCAL PLANNING AGENCY
Regular Meeting
Meeting Minutes
Monday, October 4, 2010
City Commission Chambers
7:30 P.M.
EXCERPT
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
III. Planning Board Applications/Public Hearings
PB -10 -035
A, �lica_nt: 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
Residential / Limited Commercial District (Two Story) for an area identified as all
properties facing the west side of SW 62 Avenue from SW 64th Street to SW 70th Street
including 6230 SW 69th Street said properties more specifically legally described in Section
Local Planning Agency
October 4, 2010
Page 2 of 3
1 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. Vageline informed the Board that during the adaption of the EAR based amendments a
category was created that is now being considered for use on the west side of SW 62 Avenue,
which was called the Residential / Limited Commercial District (Two story). After analysis, the
feeling was that since 1997, when the Four Story land use was applied, the planning criteria and
needs had changed in the community. During that time a number of efforts were made to scale
down the development that could be along 62 Avenue including the design of the road way of
SW 62 Avenue which is currently under construction to reduce it from four lanes to two lanes.
The category that was adopted and is part of the future land use category in the comprehensive
plan is now ready to be applied to the property that was recommended in the EAR. The property
that is referred to is the west side of 62 Avenue from SW 64 Street to SW 70 Street. They are all
in the category of mixed use commercial residential (Four Story) and they are recommended to
be changed to Residential / Limited Commercial (Two Story). Since the report was published,
there has been an issue with two properties (6230 SW 69 Street and 6201 SW 70 Street) that are
split and they have two categories. Therefore, it is recommended that those lots are being
removed from consideration.
Mr. Whitman questioned if the ordinance has to be amended since it includes the address of
6230. Mr. Youkilis responded that 6230 SW 69 Street and 6201 SW 70 Street should be
amended to delete those first, then vote on the item.
The Chair opened the public hearing.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Max Cooper 6621 SW 62 Court Support
Mr. Cooper commented that he is in favor of changing the Land Use Map so that it is in synch
with the zoning. He asked that the Board do the right thing.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Beth Schwartz Support
Ms. Schwartz commented that she does support the item and is glad to see that the property went
back to its original form. She questioned what two Story Limited - Commercial means. Mr.
Youkilis responded that the Land Development Code will be amended to become similar to the
neighborhood retail. Ms. Schwartz questioned if there could be some possibilities of some town
homes at two stories and some commercial. Mr. Youkilis replied that this is not a Mixed -Use
requirement.
Local Planning Agency
October 4, 2010
Page 3 of 3
Mrs. Young questioned if the applicant could explain what she meant when she said she is glad
to see the property go back to its original form. The applicant responded that it was originally
two stories, but then it was changed back in 1997 in a Land Use change to four story until today.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Christopher Cooks - Yarbourgh Support
Mr. Yarbourgh commented that he has been following the debate since 1982. He commented this
would be a single loaded commercial strip dividing two residential areas. He insisted that there
be some consideration for grandfathering in of existing uses. Mr. Yarbourgh commented he
looks forward to hearing the Board's decision.
The Chair closed the public hearing.
Mrs. Yates informed the Board that a letter from Southeastern Investment Group was received
and members were provided with a copy. The letter states that Mr. Alex Zakharia objects and
protests the item.
Mrs. Young questioned about the two properties not being considered for land use change and
what year was the building built. Mr. Vageline responded that the property to the North (6230
SW 69 Street) is vacant and the one on the South (6201 SW 70 Street) is an office building and is
currently occupied. Mr. Morton commented the building was built in 1970.
Ms. Beekman questioned what 6230 SW 69 Street was zoned. Mr. Whitman responded RS -3.
Ms. Beckman questioned how DCA approved the 1997 vote. Mr. Youkilis responded that the
City Commission voted to approve it and then the DCA approved it.
Mr. Whitman commented that this issue needs to be corrected and the Board is going to do the
right thing.
Motion: Mr. Whitman moved to removed 6230 SW 69 Street and 6201 SW 70 Street from the
proposed ordinance. Mr. Farfan seconded.
Vote: 6 Ayes 0 Nays
Motion: Ms. Beckman moved to approve the application in its entirety as amended. Mr.
Whitman seconded.
Vote: 6 Ayes 0 Nays
JV /SAY
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, MlambDade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING
OCTOBER 19, 2010 - AMENDING THE FUTURE LAND USE MAP, ETC.
in the XXXX Court,
was published In said newspaper in the issues of
10/08/2010
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, Suhday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advenisern I for publication in the said
per. 7 1
newspa
Sworn to and subscribed before me this
08 day of OCTOBER , A.D.
(SEAL)
V. PEREZ personally known to me
10/8.
Nn< ry public St"a"I br�da
Cheryl H.Mar"'T
y My Commission IOD793490
F-xpires omit'2012
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