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Ord. No. 24-09-2016ORDINANCE 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 62nd 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 "d 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 II, P.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 II, 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 WHEREAS, 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 " "Residential /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) 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 6 units per acre Commercial development shall be limited to a maximum floor- area -ratio 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 Page 2 of 3 Ord. No. 24 -09 -2016 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, 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 20th day of October, 2009 ATTEST: APPROVED: CITY CLERK MAYOR 1St Reading: 10/06/09 2nd Reading: 10/20/09 READ APPROVED TO FORM: CITY ATTORNEY X: \Comm Items\2009 \10- 6- 09\EAR Add New SW 62 Ave FLUM Ord.doc Page 3 of 3 COMMISSION VOTE: 3 -2 Mayor Feliu: Nay Vice Mayor Beasley: Yea Commissioner Palmer: Nay Commissioner Newman: Yea Commissioner Sellars: Yea South Miami AII•AmedcaM CITY OF SOUTH MIAMI 111110T OFFICE OF THE CITY MANAGER zoor INTER - OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via; Ajibola Balogun, City Manager From: Thomas Vageline, Director Planning and Zoning Department Date: October 6, 2009 Agenda Item No.: Subject: 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 TIE CITY COMMISSION ON AUGUST 237 2007, BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE LAND USE MAP CATEGORY FOR THE SW 62nd 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 "`r AVENUE CORRIDOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: At the City Commission meeting on August 18, 2009 the Vice Mayor discussed the subject of preparing a Comprehensive Plan Future Land Use Map Category for the SW 62 Ave. Corridor. There was general agreement by the Commission and the item was referred to the Planning Board and the Planning and Zoning Department. It was requested that the creation of the future land use category be implemented as soon as possible. It is important to note that production of a Future Land Use Category for the SW 62 Avenue Corridor was not scheduled to be done as part of the initial EAR Based Text amendments currently pending before the City Commission. In 2007 the Planning Director at the time decided that the Madison Square Future Land Use Category was higher priority and was therefore included in the EAR Amendments. The SW 62 Corridor Future Land Use Category was scheduled to be done as an amendment at a later date. However, it is possible that a Future Land Use category for the SW 62 Avenue Corridor could be completed and made part of the current 2007 EAR Based Text Amendment document which is currently pending before the City Commission. SUMMARY OF PLANNING .HISTORY: SW 62 AVENUE CORRIDOR 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. 2 (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, (See attached Exhibit A pp. 24, 27). (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. (See Exhibit E, the 1997 EAR Amendment, ) (See Exhibit C, "Mixed Use Commercial Residential -Four Story" Land Use Category, p. 23 Comprehensive Plan) (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. 62`1 Avenue, from SW 64th Street to SW 70'h 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. (See Exhibit D, Special Report on Charrette) (4) 2006 —in the adopted 2006 evaluation and appraisal report the city commission 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) )7 The City Commission action on the SW 62 Avenue Corridor occurred on January 5, 2006 at which meeting the EAR report was adopted (see Exhibit E, excerpt of City Commission minutes, 1 -5 -06, pp. 5- 10). The future land use category proposed in this report implements the City Commission's recommendation set forth at the January, 2006 meeting. STAFF OBSERVATIONS (1) The west side of SW 62 Avenue 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. (2) 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. (3) It is important to note that the definition of a fixture land use category contained in F. S. Statute 163.3177 (6)(a) is as follows "Each future Iand use category must be defined in terms of uses included and must include standards to be followed in the control and distribution of population densities and building and structure intensities." It is standard practice to include more specific uses and dimensional standards within a zoning use district which is applied to the same area as the land use category. (4) 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 current townhouse density of the City's RT -6 Zoning Use District, 6 units per acre, is suggested as an appropriate maximum density for residential development along the corridor. The future land use map category for the SW 62 Avenue Corridor is set forth below and is entitled "Residential /Limited Commercial District (Two Story) ". 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 current townhouse density of the City's RT -6 zoning Use District is suggested as an appropriate maximum density for residential development along the corridor. 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. RECOMMENDED FUTURE LAND USE CATEGORY "Residential /Limited Commercial District Two Stor CDiilOWrcial development shall be limited to a maximum floor- area -ratio of 0 80 and shall include only those retail and personal service (office) needs for the local neighborhood residential areas. The cB is tppe ofretail 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 � r 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 urea 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. M PLANNING BOARD ACTION The Planning Board at its September 29, 2009 meeting adopted a motion by a vote of 5 ayes 0 nays recommending adoption of the new Future Land Use Category for the SW 62 Avenue Corridor as set forth above. RECOMMENDATION: It is recommended that the Future Land Use category as set forth above be approved on first reading. Attachments: Draft Ordinance Location Map Planning Board Minutes Excerpt 9 -29 -09 Planning and Zoning Dept. Staff Report 9 -29 -09 Exhibit A, Hometown Plan Area 2, pp. 24 -25 Exhibit B. 1997 EAR Amendment, pp. 7 -8 23 Comp. Plan Exhibit C. "Mixed Use Commercial Residential -Four Story" Land Use Category, p. Exhibit D, Special Report on 2003 Charrette Exhibit E, Excerpt minutes of City Commission, 1.5 -06, pp.5 -10 Public Notices TJv /SAX XAComm Items \2009 \10- 6- 09\EAR Amend New SW 62 PLUM CM Report.doc City of South Miami N PB -09 -021 Comprehensive Plan wa p bop Future Land Use Map Category s SW 62 Ave. Corridor Feet _ I \ - � g „�.12s `6060 \ 6067 t?f: 6106 6777 3 6110, S $�`'`'sI 6+ t� i6y '\5 �6,.• �\ ° .0 6221 dPo' 6526 e '^o �� 1 m -33 -a \\'g120 \ � 610lt� 6130 \ v �pO 165 7 `1 uW li � .. .� S T - - 7 4� o�i�� O�iTi Ie'e a � "s, MAI fins �^�Y d'N 6200 gu 6&35 69,1 S �` o".`.. -_� 5 n 2WS fi2NITTkK� - y NDTER a to 6 ?a9 � I -6236 _W 62ND TER Ih Q y� �62� 6221 6290 61,5p 1 o 6700_ 6273 6230 6273 G34(i� o ,,.y _111666... 6253 b2H9 6288 6269 a, N 3 So 625, 3 . 6260 6210 x] N �S�I t N e FiVm 6301 6100 '" 6290 6290 6321 '� 6316 �il 9 6340 Z5 6321 . 6900 6300 W �+y� o '�O `O $ b364 7357 N , m "+ 04 II Fz�,� — l�^e— l.-. 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VageIine, Director RE: EAR Based Text Planning and Zoning Departm nt Amendment Future Land Use Element: SW 62 Ave. Corridor PB -09 -021 Applicant: City of South Miami 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 237 2007, BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE LAND USE MAP CATEGORY FOR THE SW 62nd 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 62nd AVENUE CORRIDOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: At the City Commission meeting on August 18, 2009 the Vice Mayor discussed the subject of preparing a Comprehensive Plan Future Land Use Map Category for the SW 62 Ave. Corridor. There was general agreement by the Commission and the item was referred to the Planning Board and the Planning and Zoning Department. It was requested that the creation of the future land use category be implemented as soon as possible. It is important to note that production of a Future Land Use Category for the SW 62 Avenue Corridor was not scheduled to be done as part of the initial EAR Based Text amendments currently pending before the City Commission. in 2007 the Planning Director at the time decided that the Madison Square Future Land Use Category was higher priority and was therefore included in the EAR Amendments. The SW 62 Corridor Future Land Use. Category was scheduled to be done as an amendment at a later date. However, it is possible that a Future Land Use category for the SW 62 Avenue Corridor could be completed and made part of the current 2007 EAR Based Text Amendment document which is currently pending before the City Commission. SUMMARY OF PLANNING HISTORY: SW 62 AVE' NUIE CORRID 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. Recominendations 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, (See attached Exhibit A pp. 24, 27). (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. (See Exhibit B, the 1997 EAR Amendment, ) (See Exhibit C, "Mixed Use Commercial Residential - Four Story" Land Use Category, p. 23 Comprehensive Plan) (3) 2002 and 2003 - The City conducted a " Charrette" planning exercise for the S.W. 62 "a 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. 62 "a 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 additional meetings and a workshop there were no decisions made on the development issues for the SW 62 Avenue Corridor. (See Exhibit D, Special Report on Charrette) (4) 2006 —In the adopted 2006 Evaluation and Appraisal report the City Commission 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)" The City Commission action on the SW 62 Avenue Corridor occurred on January 5, 2006 at which meeting the EAR Report was adopted(See Exhibit E. Excerpt Minutes of City Commission, 1 -5 -06, pp. 5 -10). The Future band Use Category proposed in this report implements the City Commission's recommendation set forth at the January, 2006 meeting. „ STAFF OBSERVATIONS (1) The west side of SW 62 Avenue 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. (2) 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. (3) It is important to note that the definition of a future land use category contained in F. S. Statute 163.3177 (6)(a) is as follows "Each future land use category must be defined in terms of uses included and must include standards to be followed in the control and distribution of population densities and building and structure intensities." It is standard practice to include more specific uses and dimensional standards within a zoning use district which is applied to the same area as the land use category. (4) A new fixture 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 current townhouse density of the City's RT -6 Zoning Use District, 6 units per acre, is suggested as an appropriate maximum density for residential development along the corridor. The future land use snap category for the SW 62 Avenue Corridor is set forth below and is entitled "Residential / Limited Commercial District (Two Story) ". 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 current townhouse density of the City's RT -6 zoning Use District is suggested as an appropriate maximum density for residential development along the corridor. 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- 3 conforming. The land use category would be limited in its application to the SW 62 Avenue CQrrldor only. RECOMMENDED FUTURE LAND USE CATEGORX " Residential /Limited Commercial District wo ,StOr The Residential /Limited Commercial District(Two ,Story) future land use map category is intended to allow for low - density residential develoqment and limited commercial development in a transition area abutting single family homes The maximum heivht of all new construction shall be two stories Residential development shall be limited to townhouse devilment at a maximum of 6 unitsper acre Commercial development shall be limited to a maximum floor-area-ratio of 0 80 and shall include only those retail and personal service (once) needs /or the local neighborhood residential areas: The specific ivpe 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 b u f f e r / Zandsce area and a r e quired wall or fence at the rear ofall properties facinm SW 62 Avenue. 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 districra,Mplied to this area may continue to exist and function but shall be subject to the non conforming regulations set orth in Land Development Code Section 200 -4.8. The application of the Residential./ Limited Commercial District (Two §jor y) Future RECOMMENDATION: It is recommended that the Future Land Use category as set forth above be recommended for approval. ,4ttachmenis: Location Map Exhibit A, Hometown Plan Area 2, pp. 24 -25 Exhibit B, 1997 EAR Amendment, pp. 7 -8 Fxhibit C. "Mixed Use Commercial Residential -Four Story" Land Use Category, p.23 Comp. Plan Exhibit D, Special Report on 2003 Charrette Exhibit E, Excerpt Minutes of City Commission, 1 -5 -06, pp.5 -10 Public Notices JP/SAY K\PB \PB Agendas Staff Reportst2009 Agendas Staff Reports\9- 29- 09 \1`13- -09 -021 EAR SW 62 Ave Reporrdoo THE 'HOMETOWN PLAN AREA 2 Detailing Eldditional Neighborhoods in SOUTH MIAML FLORIDA Dover, Kohl & Partners, Urban Design with Judson & Partners Holland & Knight Peter M. Fernandez, PE November 11, 1994 1 i THE 'HOMETOWN PLAN AREA 2 Detailing Eldditional Neighborhoods in SOUTH MIAML FLORIDA Dover, Kohl & Partners, Urban Design with Judson & Partners Holland & Knight Peter M. Fernandez, PE November 11, 1994 1 THE 'HOMETOWN PLAN AREA 2 Detailing Eldditional Neighborhoods in SOUTH MIAML FLORIDA Dover, Kohl & Partners, Urban Design with Judson & Partners Holland & Knight Peter M. Fernandez, PE November 11, 1994 Apply traffic calming measures to intersections. Civic building sites should be permanently designated; churches should not be considered non - conforming uses but rather treated by regulations as pemtaaent public institutions. Benefits: The social and institutional center of the southern neighborhood will be reinforced by its improved physical form and appearance. Safety for pedestrians and sustainable economic opportunities will be enhanced. i Lee Park Cooperative: Encourage the Cooperative to build office or retail additions to the sides of buildings fronting 59th Place and 62nd Avenue. Separate entrances from those streets should be key to the design. These could be locations for "incubator" or "starter" businesses owned by Cooperative members. Encourage a change in color scheme for the complex. Eventually, open a public pedestrian connection from SW 69th Street to SW i 68th Street aligning with SW 61st Avenue. (This need not be implemented during the early phases of neighborhood improvement.) Across SW 69th Street, to the south, future infill development should yield residential facing residential, i.e. rowhouses facing the Lee Park townhouses. Benefits: This proposal will allow for the successful Cooperative to broaden its scope and exert.business leadership, and provide ,job and equity- building opportunities. Both Church Street and 62nd Avenue will have businesses facing businesses in this area. The residential Lee Park Cooperative is currently faced across the street by businesses on both Church Street and 62nd Avenue,) The eventual 61st Avenue pedestrian connection will give children to the south of Lee Park Cooperative direct access to Marshall Williamson Park without having y to walk on 62nd Avenue or 59th Place, streets with more automobile traffic. ii Paul Tevis Drive (62nd Avenue): From Hardee Drive Saudi to SW 70th Street, Reduce travel lanes from five lanes to two travel lanes and two parallel parking lanes. Widen the sidewalks and create a green strip for street trees. Restore parallel 'parking. . Clearly mark crosswalks with signs, street pavers, and traffic calming devices. 24 Infill new "Main Street" buildings on vacant land along west-side. Land uses should be flexible, but building form and position strictly regulated to prevent "strip" development. Benefits: Improved safety for schoolchildren and other pedestrians, expanded business opportunities; and improved appearance. Traffic will move more carefully, and parking will be convenient for businesses. NorUr of Hardee Drive. Plant trees on both sides of the street. Create bike trail t pedestrian path on the western side of the street. Plant ficus repens or other landscape treatment to improve appearance ofihe wall on the western side. No road widening should be accepted for this important community street. Benefits: ' Improved continuity of access and improved safety for pedestrians and bicyclists. improved appearance and energy efficiency. Marshall Williamson Park: Reconfigure the shape to form a traditional urban park. Construct new buildings facing the park on the east and west. Remove the berms. Re- connect SW 68tli Street. Straighten SW 61st Court. Construct a new street between the park and the public housing complex. Prepare southern end of reconfigured park as the site foc a future civic building. Benefits: Removing the berms will make it easier for police and neighbors to monitor goings -on in the park. The park will be safer when the fronts of houses face it By making the park rectangular in shape with the street changes, the park will no longer be a "leftover" between complexes and will have mare usable public space. A site becomes available for a civic building such as the multipurpose community center. Reconfigured Public Housing Complex: Phase out the existing "campus- style" or "projects" buildings and replace them with traditional neighborhood housing. 27 1 4 TIT r.„ A7M (DCA No. ., .: Prepared by the planning & Zoning Division August 19, 1997 ff , ; .. AMENDMEW11: CHARRETTE Too MYXEII,USE' LAND USE xNa,.a+•• . i i - c i t E I z i j — z F s J i 9 i i i ew aY�SVea y i Ti- z i j — z F s J i 9 i i i ew aY�SVea y i y i As a result of the 1995 Evaluation & Appraisal Report, the Local Planning Agency recommends that the City amend its Comprehensive Plan, in order to implement the 1995 Future Land Use Map designation of Mixed -Use Commercial/Residential (Four- Story) for those properties, identified as the. " Charrette Tod' Area in the Hometown Too Charrette Study. INTRODUCTION AND SUMMARY The purpose of this amendment is to change the 1995 Future Land Use Map designations on the properties indicated in the Hometown Too Charrette Study and hereafter referred to as the Charrette Too Area. The proposed Mixed -Use Commercial/Residential (Four- Story) land use designation explained in the 1995 Evaluation & Appraisal Report is the mixed -use land category most appro "priate for this location. The Hometown Too Charrette Study contains the following language under the section entitled Specific Proposals regarding the subject area: SW 70" Street and SW 71" Street: Continuing the pioneering effort.of the Hotel Vila, infill the oversize parking lots and vacant lots with new traditionally - scaled buildings. With the traffic rerouting for north bound US I motorists, properties fronting 70' Street will gain more visibility making redevelopment there more viable. The blocks north of SW 70' Street between SW 62nd Avenue and SW 59' Place should have mixed -use buildings on their south half and residential buildings (i.e., rowhouses) on their north half, to best face the Lee Park Cooperative townhouse" complex. . .Benefits: Economic development plus improved character and vitality. Paul Tevis Drive (62nd Avenue): From Hardee Drive south to SW 70'* Street: • Reduce travel lanes from five lanes to two travel lanes and two parallel parking lanes. Widen the sidewalks and create a green strip for street trees: • Restore parallel parking. • Clearly mark crosswalks with signs, street pavers, and traffic calming devices. • Infi11 new "Main Street" buildings on vacant land along west side. Land uses should be flexible, but building form and position strictly regulated to prevent "strip" development. Benefits.• Improved safety for schoolchildren and other pedestrians, expanded business opportunities, and improved appearance. Traffic will move more carefully, and parking will be convenient for business. Language which specifies the exact nature of the proposed Mixed -Use Commercial/Residential (Four -Story) land use designation and all proposed land use designations is included as part of the EAR -Based Comprehensive Plan Language Amendment (XV). This language is intended to be included in the Future Land Use Categories contained within the Future Land Use Element of the Comprehensive Plan. Language for the Mixed -Use Commercial/Residential designation is intended to apply to the "Madison Square" Amendment (I), " Charrette Too" Amendment (II), "Community Center" Amendment (V), and the "Hometown Distrief' Amendment (VI). Proposed Use (Designation The 1995 Future Land Use Map indicates the areas to be designated with the proposed land use designation of Mixed -Use Commercial /Residential (Four - Story). The Charrette Too Area is one of four such amendments which include the "Madison Square" Amendment (I), the "Community Center" Amendment M. and the "Hometown District" Amendment (VI). The proposed Mixed -Use Commercial/Residential Iand use designations is described as follows: The Mixed -Use Commercial/Residential land use category is intended to provide for di, fferent levels of retail uses, office uses, retail and office services, and resia'ennal dwelling units with an emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted heights and intensities shall be set forth in the Laird Development Code. Regulations regarding the permitted height, density, and intensity in zoning &strictsfor areas designated as mixed- -use commercial/residential shall provide incentives far transit - oriented development and mixed -use development: Zoning regulations shall reinforce; "no widenings" policy set forth in the Traffic Circulation Element by encouraging use ofMetrorail system Adjacent Land Use Designations Adjacent land uses are illustrated on the 1995 Future Land Use Map. The properties surrounding the" Charrette Too Area have the following proposed land use designations on the 1995 Future Land Use Map: Single Family Residential (Two- Story), Public Institutional Uses, Educational Uses, Multi - Family Residential (Four- Story), Residential. Office Uses (Two - Story), and TODD (4 +4). Effected. Area The subject area consists of existing commercial, public institutional, and residential properties. The whole is legally described as follows: Lots 1 -12, inclusive, Block 4, and all of Block 5, of the "Cocoplum Terrace Addition" Subdivision, according to the plat thereof, as recorded in Plat Book 48 at Page 38, of the Public Records of Dade County, Florida; and, Lots 1-6, inclusive, Block 3, Lots 1 -5, inclusive, and East 35 feet of the South 100 feet of Lot 6 and the North 20 feet of the East 25 feet of Lot 6 and Lot 12 less the South 29.75 feet of the West 35 feet, Block 4, of the "Cocoplum Terrace" Subdivision, according to the plat thereof, as recorded in Plat Book 25 at Page 4, of the Public Records of Dade County, Florida; and, Lots 1 -18, inclusive, Block 14, Lots 1 -25, inclusive, Block 15, of the "Townsite of Larkins" Subdivision, according to the plat thereof, as recorded in Plat Book 2 at Page 105, of the Public Records of Dade County, Florida; and, Lots 1 -7, inclusive, Block 2, of the "Larkin Center" Subdivision, according to the plat thereof, as recorded in PIat Book 27 at Page 67; of the Public Records of Dade County, Florida; and, _Commercial Retail and Office (Two - Story) EXHIBIT 6609% -- ....._...,. The commercial retail and office land use category is intended to provme ror reran auu __.vices, office use and office services that are characteristic of commercial development. Adopted zoning regulations shall reinforce the "no widenings" policy as set forth in the Traffic Circulation Element by encouraging the containment of development along existing State and Countv hiah- design roadway facilities. (97 -JER) Mixed -Use CommerCial/Residential (Four -Storms 0. ``' The mixed use commercial %residential land use category is intended to provide for different levels of retail uses office uses retail and office services and residential dwelling units with an emphasis on mixed use development provisions in the Land Develment Code) the City that is characteristic of traditional to.this 1.6 downtowns. (Flexible Permitted use hei hts'and intensities shall be set forth In the Land Development Code Re ulations regarding the permitted height density and intensity in zoning districts for areas designated as mixed -use commercial /residential shall provide incentives for transit - oriented development and mixed -use development. Zoning regulations shall reinforce "no widenings" policv set forth in the Traffic Circulation Element by encouraging use of Metrorail system. (97 -IER) Pursuant to the recommendation by the Department of Community Affairs to include Floor Area Ratio (FAR) in the Comprehensive Plan (as opposed to the provisions in the Land Develment Code) the City adopts a F.A.R. of to.this 1.6 for this (Flexible land use category which is the existing F.A.R. in the Land Development Code The Transit Oriented Development District is intended to provide for the development of office uses, for the corresponding shall be set forth in the Land Development Code including design standards Zoning regulations shall zoning district. In addition the City adopts a maximum residential density of 24 units per acre. In ozder to ensure a mix of uses the City requires that a minimum of two of the above uses must be developed within this category For residential projects at a minimum at least one floor must allow retail For retail p_roiects at a mimimum . at least one floor must contain residential or offlce For office projects at a minimum at least one floor must contain residential or retail.(98- I ER) pleasing projects result. (96 -IER) Public - and - Semi -P4"o Institutional Uses (Four - Story) , The public and setni- pubiio institutional land use category is intended to provide for up bljc schools, municipal facilities, utilities, and churches, temples. synagogues and similar uses. Areas designated public and si public institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional semi- pabaic uses on sites not so designated by this plan. Sr-he ati �b3 b ...ct:t.:. ?cy "c c° b_ a d� ^sataen -4ffi+ -b ��,� ",, qb n�' tfG-re- �ridrap- htYt�bYtt'T-n��t. l5xeo@4414..-2'r'� 'f- ai2V°-Ttt�rrzm'm ' �'.: unat� b Ga s 'a"" bu+g (97- l ER) Educational Uses (as a sub - category of the public institutionai uses Iona use aesignanan) Transit Oriented DevelopmentDistrict uses. Area ITODDI to.this plan. Zoning regulations could permit public educational uses on sites not so designated by this (Flexible Public schools are hereby defined as public institutions of general education offering kindergarten through 12 °i Height up to 8 stories) The Transit Oriented Development District is intended to provide for the development of office uses, office services offlce- related retail retail retail services and residential uses in multi-story and mixed use projects that are characteristic of transit- oriented developments Permitted heights and intensities shall be set forth in the Land Development Code including design standards Zoning regulations shall encourage development within the TODD in conjunction with limiting new development within the Special Flood Hazard Area The City shall pursue an incentives program for redevelopment including flexible building heights and design standards to insure that responsible effective and aesthetically- pleasing projects result. (96 -IER) Public - and - Semi -P4"o Institutional Uses (Four - Story) , The public and setni- pubiio institutional land use category is intended to provide for up bljc schools, municipal facilities, utilities, and churches, temples. synagogues and similar uses. Areas designated public and si public institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional semi- pabaic uses on sites not so designated by this plan. Sr-he ati �b3 b ...ct:t.:. ?cy "c c° b_ a d� ^sataen -4ffi+ -b ��,� ",, qb n�' tfG-re- �ridrap- htYt�bYtt'T-n��t. l5xeo@4414..-2'r'� 'f- ai2V°-Ttt�rrzm'm ' �'.: unat� b Ga s 'a"" bu+g (97- l ER) Educational Uses (as a sub - category of the public institutionai uses Iona use aesignanan) The "educational uses" land use sub - category is intended to provide for public schools uses. Area designated as educational should not be used for other purposes without an amendment to.this plan. Zoning regulations could permit public educational uses on sites not so designated by this plan. Public schools are hereby defined as public institutions of general education offering kindergarten through 12 °i an education or some substantial portion thereof. and are owned and operated by the Dade County Element I Ord. No. 12 -98 -1660. 8/4/98: DCA No. 98 -R i Page Number 23 SPECIAL REPORT THE SW 62" AVE. CORRID6R CHARRETTE (March, 2004) During the period April — June, 2002 several events occurred which e o a need to conduct a special planning process in order to determine the future of the SW 62 "d Ave corridor. The. first was the submission 'of a zone map change application by a property owner on the west side of the street. A four story mixed use commercial / residential building was proposed. Based upon concerns of abutting neighbors and the need to create a new zoning district for this area, the Planning Board, with the consent of the applicant, deferred the application. The City Administration decided that all of above issues were related and an appeal was made to the University of Miami for urban planning assistance. The University 's School of Architecture and UM Center for Urban and Community Design agreed to provide at no cost to the City the expertise necessary to produce a plan for area. The method suggested was to implement a "charrette ", which is defined as a time concentrated "neighborhood planning study" involving the participation of all the parties (stakeholders) that could be affected by the final plan. Charrette Recommendations and Issues The City, with the assistance of the University, conducted the "Charrette" for the S.W. 62 "d Avenue Corridor on November 23, 2002. The goal of the Charrette was "to define a community vision that enhances the S.W. 62nd Avenue corridor. and preserves the livability of the adjoining residential neighborhoods." The major issues discussed included: allowable building heights, size of buildings, design, allowable permitted uses, buffering from adjacent residences, parking requirements, street width, number of lanes, sidewalks and landscaping. In. January, 2002 the University of Miami issued a very detailed report on recommendations and ideas coming from the charrette. The basic recommendation of the Charrette Final Report was that S.W. 62 nd Avenue Corridor from SW 64th Street to SW 70th Street should be revitalized. The report also recommended that the subject area become a mixed use area with buildings of two to three stories. In February a citizen's group issued a report which contained a number of alternatives to recommendations in the University of Miami final report. The major point of disagreement between the UM Report and the Citizen's Report appears to be over the height that would be permitted for new buildings. The Citizen's Report proposed all new buildings be limited to two -story buildings. The Charrette report recommended three stories at the front of properties facing 62 "d Avenue and two stories towards the rear of these properties. In addition, the Citizen's Report recommended a floor area ratio (FAR), but the Charrette report allows the height and the required parking to dictate the amount of floor space permitted. 9 The Charrette Report was presented to the City Commission at a February 28, 2004 City Commission Workshop meeting. At that time, the Commission decided to conduct a follow -up workshop at which time City staff will respond to questions and the Commission will discuss among themselves what action to take. m It is anticipated that the City Commission will then conduct a formal public hearing on the Charrette report, after which the Commission may adopt the report, adopt the report with certain modifications or reject the report. If the Charrette Report is adopted it becomes an official planning document and will be used by City staff to prepare zoning regulations for the -area and a list of capital improvement projects needed to carry out the recommended street and landscaping changes. The City's Planning and Zoning .Department staff is projecting that the zoning regulations for the SW 62 Ave. Corridor may take the form of a new zoning district classification, perhaps entitled" MU -L ", Mixed -Use Limited . This new district would require a mix of office, retail, and /or residential uses. The regulations would include the allowable building heights, size, bulk and design of buildings, specific permitted uses, required buffering from adjacent residences and parking requirements. The creation of the new zoning district (amends the Land Development Code) and the placement of this zoning over the SW 62nd Ave. Corridor (rezoning) will both be subject to full and complete public participation through the Planning Board and City Commission public hearing process. Nearby neighbors will be notified by mail of pertinent public hearings, and the City will make every, effort to publicize the necessary hearings through all means available. In the future, other areas of the City, such as the Bird Road commercial area, or the Community. Redevelopment Area's Madison Square project, could also be considered for rezoning to this mixed -use zoning category. Additionally, the City will work with the Miami -Dade County Public Works Department to explore the narrowing of 621d Avenue between SW 64th Street and SW 70th Street. The funding for this project, including new 3 sidewalks, landscaping, street trees, etc., could come from the newly enacted half -penny sales tax for transportation. • Hopefully, the end result could help to implement the vision of the Charrette, enhance the SW 62nd Avenue corridor, and preserve the livability of the adjoining residential neighborhoods. X:\PB\PB Agendas Staff Reportst2009 Agendas Staff Reports\9 -2909 \Special Report Sw 62 Charrette 2004.doc Mr. O'Donhiley explained plan for the last nine years language is adequate. D R. that this language has been in our and staff feels that the existing Commissioner Sherar said to concur with Commissioner Wiscombe. He said that he finds the standard to be much higher in the SMHOA's recommendation language. Commissioner Birts- Cooper said to agree with Commissioner Wiscombe. Moved by Commissioner Wiscombe, seconded by Commissioner Sherar to accept the SMHOA recommendation, LU- 111 .page 148 in the EAR Report. Vice Mayor Palmer said that she would not vote for it because in her opinion the language is too broad, specifically referring to "deemed necessary" which may mean different things to different people. Commissioner Wiscombe said that if they do not allow that language in there, there are certain little pocket areas in the City that would be automatically eliminated, not allowing the Commission to deal with them later on. That is my only concern, he explained. Commissioner Sherar said that he recognized the sanctity of the residential area; however, he concurred with Commissioner Wiscombe and with the SMHOA in the sense that there should be some flexibility. Mayor Russell also said to agree with the new wording. With no further comments or discussion, the above motion was approved by a 4-1 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea vice Mayor Palmer: Nay Commissioner Birts - Cooper: Yea Mayor Russell: Yea ISSUE ID: Comprehensive Plan, page 21. Mr. O'Donniley said that this is a Land Use Category that staff strongly supports eliminating because there has been a problem on three different circumstances that are markedly SPECIAL CITY COMMISSION 5 MINUTES - January St 2006 different. This is a category that is applied to downtown; it is also applied to Madison Square, and to 62nd Avenue. Commissioner Sherar then suggested adding a language to eliminate the category. He then suggested deferring this item to the end. Vice Mayor Palmer said that this item did not make any sense to her. For one thing, there is no EAR recommendation, she added. Mr. O'Dosniley said that essentially the commercial retail office and multi - family residential designation is suggested to be replaced in all instances in the EAR document; so, it is not a single recommendation; it is in several different places, and the Planning Board recommends eliminating that land use category because its application varies from area to area. One area is downtown, where we think that the correct, designation would be the Hometown Plan. Another one is 62nd Avenue, which the Commission would be discussing as a separate item; and the third is Madison Square, which is subject to an'adopted redevelopment plan. Mr. O'Donniley further clarified that this language applies to areas which are already zoned to permit four stories; therefore, we would have a direct contradiction between the Future Land Use language and the existing zoning. With no further comments or discussion, this .item was deferred to the end. ISSUE ID: Area 1 Mr. O'Donniley explained that Area 1 is 62nd Avenue; it is currently designated Mixed Use Commercial /Residential. The suggestion is to create something that will allow for a PUD. Mayor Russell referred to the recommendations from the SMHOA and the Planning Board, adding that the two -story limit is a must, residential office or townhouse makes sense, and either of those things in a PUD setting could take care of the development and get.peace of mind once and for all. Commissioner Sherar said that this is a very small area for a PUD. Mr. O'Donniley said that with a PUD you can have an agreement between owners to work when they have individual properties. And there are other aspects of PUD besides consolidating the use; i.e. limiting points of access, requiring special transition buffering features, and things of that SPECIAL CITY COMMISSION 6 MINUTES - January 5; 2006 nature. He explained that we are not zoning here, we are just trying to develop a concept. Mayor Russell said that she supports the two -story limit, mixed use and rear setback, with the opportunity for a PUD on a small parcel. That gives us an opportunity for the DCA to look at it and see if we can finally get rid of the combination of zoning on that street and do individual RO, or the PUD where we have an option to do townhouses. Moved by Commissioner Sherar to adopt what the Mayor recommended, except for the PUD. Mr. O'Donniley urged not to take the PUD out because the advantage of the PUD is that the Commission makes the decision about what actually goes in. Without the PUD, the decision will' be made administratively. Mayor Russell said that this is exactly why she wants the PUD in there.. Commissioner, Wiscombe said that he wants it to come to the Commission for the fact that they should have input from the citizens in regards to what they want to see in there. We need that safeguard in there, he added. Mayor °Russell reiterated that by leaving the PUD out, they will never see 'again coming before the Commission what could happen' on that strip. Commissioner Birts- Cooper asked as to how the PUD would impact the newspaper building. Mr. O'Donniley explained that with or without the PUD the building would still be non - conforming unless we recommend a zone change to incorporate that use. Commissioner Birts- Cooper then said that she would like to recommend a zone change to take care of that use. Mr. O'Donniley said that the.greater danger would be if the building {Community Newspaper} were to be destroyed by fire or natural causes in which case it could not be rebuilt, and we have anticipated that the PUD could address that use as well".' Commissioner Sherar said that he did not wish to wait for the PUD and that the building has been there for a long time and that it needs to become conforming. SPECIAL CITY COMMISSION 7 MINUTES - January S. 2Q06 Vice Mayor Palmer said that she would not support a PUD in no shape.. or form. She said that she would support the recommendation by the SMHOA and the Planning Board, and suggested the combination of both languages. She then asked for clarification of the mixed use in terms of the existing use. Mr. O'Donniley said that we do not have a zoning category that would accommodate the building at this point. We would have to create one. It either has to be a base -zone district, or a zoning requirement such as a PUD. The difference between the two is that if it is a base -zone district, once you apply the base - zone district •, the Commission will not be reviewing any proposed developments; on the other hand, if it is a PUD, it has to come back to this body for approval, and the Commission gets an opportunity to conduct public hearings and review them in a public forum. Vice Mayor Palmer asked situation such as this, you can an application for a change. whether in a non - conforming come before this board and make Mr. O'Donniley replied that you can; the problem is that right now we do not have a zone district that would accommodate that use. We would have to create one in some fashion. Commissioner wiscombe then asked as to how we would go about creating a zone district: Mr. O'Donniley said that it would be a light manufacturing activity. We have an industrial zone that is too heavy, he,said, and we have a commercial zone which does not encompass light manufacturing; so we do not have the tool in our `arsenal.' To continue answering Commissioner Wiscombe's questioai, Mr. O'Donniley explained that the Commission may choose which approach they want. Either creating a base -zone district or they might want to look at it when the proposal is before them. 'A PUD would give you the opportunity to review it when is before the Commission. Commissioner wiscombe said that he does not' mind what is there now. The problem is putting the light industrial for the whole strip; then we got a problem there too. Mr. O'Donniley for clarification said that the SMHOA did not object to the PUD approach, but they did not have a strong feeling either way. Commissioner Sherar made a motion at this tisae for the following language: that for Area 1 we create a new zoning SPECIAL CITY COMISSION MINUTES - January 5, 2006 district that allows for current or existing uses plus mixed use residential /commercial, offices or townhouss, and future land use designation with buildings limited to two stories and appropriate rear setbacks to protect the residential area. Commissioner Wiscombe seconded this motion. Mayor Russell said that the proposed and seconded motion includes the future land.use designation, or light manufacturing which was previously explained by Mr. O'Donniley. By allowing that designation on that. street, in theory, it is possible that the entire strip could become light manufacturing. Mr. O'Donniley explained that the designation is something that we need to develop after the transmittal. It would not necessarily have to be all designated as light manufacturing. It could be designated as townhouse /office /light manufacturing, limited to two stories with an FAR. He again reiterated that we are not creating anything; we are just creating the concept to get approval from DCA to study how to develop that; and then, it will have to come back to the Planning Board and to the City Commission for final adoption, which of course would include public hearings. The details of the developments, however, would not be reviewed by the City Commission. However, through the PUD process, the Commission could look at additional buffer, access points, or the exact design of the units. Otherwise, it will 'go to the review board in the future and will not come before the Commission and will not go through public hearing. The base zoning that has been suggested as an alternative, accomplishes a lot of that, but it does not leave any remaining public input mechanism. vice Mayor Palmer asked whether the light manufacturing designation may be strictly applied to the existing building. Mr. O'Donniley said that it would probably be difficult without the PUD, because we would be treating differently. one property owner adjacent to the other without any basis of distinction. Commissioner Wiscombe asked whether only one business can be grandfathered in, not allowing anything else of that nature to come in. Mr. O'Donniley said that this would be giving the particular business legal status to be there. He then explained that the legal status could be achieved through the PUD process, if it were to be in place. At this time Mayor Russell called the question and repeated the above motion. Commissioner Wiscombe added that this is the SPECIAL CITY COMMISSION g MINUTES - January 5, 2006 combination that the homeowners asked for, and this does not include the PUD. Vice Mayor Palmer asked Mr. Pigueredo to help her with the language to put her wishes together. She said that we are going to maintain two stories; we are, going to .allow existing businesses to continue operating on conforming status, and not allowing anybody else. Mr. Eigueredo said that his immediate reaction is that there is no legal mechanism to do what she is asking because that would require the City to act in an arbitrary manner. When a zoning district is created, and everybody has the same zoning, you cannot arbitrarily say, parcel A gets to continue to do it, but parcel B doesn't. The way you get there is with the PUD, because that requires that they come before this body and you get to approve the type of development. Mayor Russell said that she would disagree with the motion based on the inclusion of commercial and the request for a future land use designation, and also for the lack of a PUD. With no further discussion or comments, the- motion to approve the above motion ,passed by a 4 -1 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Nay ISSUE ID: Area 2 After the presentation by Mr. O'Donniley, the Commission began the discussion Commissioner Sherar said that this is calling for a very intensive use in the middle of a residential area. He'said that he would be proposing the same language that was adopted for Area 1, with the inclusion of a Cultural Mixed Use Land Use District, and a two-story-limit, Vice Mayor Palmer asked whether the Cultural Mixed Use is a new district. Mr. O' Donniley said that this came about as the result of the input that the City received from the surveys that were sent to the residents last year. SPECIAL CITY COMMISSION 10 MINUTES - January 5, 7006 CTTY OF SOUTH MIAMI PLANNING BOARD DRAFT Action Summary Minutes Tuesday, September 29, 2009 City Commission Chambers 7:30 P.M. EXCERPT I. Cali to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 8:00 p.m. The Pledge of Allegiance was recited in unison. M II. Roll Call Action: Chairperson, Mr. Morton requested a roll call. Board members present constituting a quorum: Present: Mr. Cruz, Ms. Young, Mr. Morton, Ms. Yates, Mr. Whitman and Mr. Parfan (came in late). Absent: Mr, Comendeiro City staff present: Thomas J. Vageline (Planning and Zoning Director), Sanford A. Youkilis (Planning Consultant), Maria StoutJate (Administrative Assistant 11), Lourdes Cabrera - Hernandez (Principal Planner), Mark Goldstein, Interim Assistant City Attorney. III. Administrative Matters: IV. Planning Board Applications/Public Hearings, PB -09 -021 Applicant: City of South Miami 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"° 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 "" AVENUE CORRIDOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE, Mr. Whittman read into the record. Planning Board Meeting September 29, 2009 Page 2 of 7 Discussion: Mr. Youkilis stated that this item comes from the City Commission to create a land use category that is appropriate for the 62 Avenue Corridor. At the City Commission meeting on August 18, 2009 the Vice Mayor discussed the subject of preparing a Comprehensive Plan Future Land Use Map Category for the SW 62 Ave. Corridor. There was general agreement by the Commission and the item was referred to the Planning Board and the Planning and Zoning Department. It was requested that the creation of the future land use category be implemented as soon as possible. Mr. Youkilis went on to say that it is important to note that production of a Future Land Use Category for the SW 62 Avenue Corridor was not scheduled to be done as part of the initial EAR Based Text amendments currently pending before the City Commission. In 2007 the Planning Director at the time decided that the Madison Square Future Land Use Category was higher priority and was therefore included in. the EAR Amendments. The SW 62 Corridor Future Land Use Category was scheduled to be done as an amendment at a later date. However, it is possible that a Future Land Use category for the SW 62 Avenue Corridor could be completed and made part of the current 2007 EAR Based Text Amendment document which is currently pending before the City Commission. Mr. Youkilis gave a brief history of the development along this corridor that had been the subject of many studies and reports going back almost 25 years. In order to understand some of the issues facing the area, Mr. Youkilis stated t the following summary history as listed below: (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. 62 °a Avenue Corridor. The Charrette 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. Planning Board Meeting September 29, 2009 Page 3 of 7 (4) 2006 —In the adopted 2006 Evaluation and Appraisal report the City Commission set forth 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) $I Mr. Youkilis stated that the City Commission action on the SW 62 Avenue Corridor occurred on January 5, 2006 at which meeting the EAR Report was adopted. The Future Land Use Category being proposed in this report implements the City Commission's recommendation set forth at the January, 2006 meeting. Mr. Youkilis stated that 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 current townhouse density of the City's RT -6 Zoning Use District, 6 units per acre, is suggested as an appropriate maximum density for residential development along the corridor. Mr. Youkilis went on to say that the future land use map category for the SW 62 Avenue Corridor is set forth below and is entitled "Residential / Limited Commercial District (Two Story) ". 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 current townhouse density of the City's RT -6 zoning Use District is suggested as an appropriate maximum density for residential development along the corridor. 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 land use category would be limited in its. application to the SW 62 Avenue Corridor only. Mr. Youkilis stated that the following language was being recommended: "Residential / Limited Commercial District (Two Story) The Residential /Limited Commercial District(Two Story) future - .. - -a_._ . r a ,. i f d r, ifpd ail new coratt. eev o aitu11a w .>.� --------- ._ development at a maximum o 6 units er acre. Commercial develo ment shall be limited to a maximum floor-area-ratio of 0 80 and shall include only those retail and personal service (office) needs for the Xocal neighborhood residential areas The spectfic type ofretail and office uses shall be set foLth in the appropriate zonin use district in the Land Development Code. The Land v .- . - _____.._.,,...s:..... H„r43�" /Tn »dcrn »P rVpa and a. Mixed use develo ment is encoura ed Existin 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 Planning Board Meeting September 29, 2009 Page 4 of 7 area may continue to exist and function but shall be subiect to the non- con{ormin� regulations set forth Land Development Code Section 20 -4.8. The applacation of the .Residential /Limned Commercial District (['wa Starv) Future_Land Use Do" KW RO Street and Mr. Youkilis ended his presentation by recommending that the Future Land Use category as set forth above be approved. Mr. Morton inquired if on page 4 the last line was incorrect and it should read SW 70 and SW 64 Street. Mr. Youkilis stated that that was correct and that it should be revised to read SW 64 Street and SW 70 Street. Mr. Morton opened the public hearing. opened/Closed Public Hearin Speaker: NAME: ADDRESS SUPPORT /OPPOSE Christopher Cooke- Yarborough 6802 SW 64 Ave. Supports Mr. Yarborough stated that he has lived in this area since 1982 and that the area which is being spoken of has been a waste land and this avenue is an avenue to no- where; it was widened for no good reason. He went on to say that some businesses that are located on the avenue would probably not be located in this area if they applied for permits today. Mr. Yarborough went on to say that this area should be kept as residential. Limit the development and keep it at two stories. Speaker: NAME: Mr, David Tucker Mr. Tucker stated that the land Mr. Tucker went on to say that land that has some commercial that the residential area was ver; ADDRESS SUPPORT /OPPOSE 6550 SW 78 Terrace Supports should be capitalized as to what should be permitted in this area. he was impressed with the alley which divides the residential and business on the properties. He wanted the Board to keep in mind important and that the condition of two stories should be honored. Speaker: NAME: ADDRESS SUPPORT /OPPOSE Dr. Alex Zachariah Not given Opposes Dr. Zachariah was not in support of this item. He went on to say that he owns the properties which the Board was reviewing. He stated that when he purchased the land that the houses located on the properties had to be demolished due to various issues. Dr. Zachariah when on to state that this area is perfect for commercial use due to the fact, that in the west side of the City, this is the only part that has not been developed. The east side is packed with business. This land gives us an opportunity to develop it complimenting what is already located in the area. The commercial property on SW 62 Avenue has a buffer, and is not infringing on the neighbors. Dr. Zachariah went on to state what other buildings were located in the area with various descriptions. He continued that property owners also have rights and that the City must not infringe on owner's rights. He stated that commercial owners pay taxes, mortgages and loans to keep up the properties and assist Planning Board Meeting September 29, 2009 Page 5 of 7 residential owners by keeping down their taxes. He concluded by saying that if the rights of the commercial owners would be infringed, then we will have our lawyers step in. Speaker: ADDRESS SUPPORT /OPPOSE NAME: Donna Fries 6601 SW 62 Court Supports Mr. Fries stated that Dr.. Zachariah was incorrect in the history of the houses that were on the property which he purchased in the past. Ms. Fries stated that there is no buffer between the properties that Dr. Zachariah owns and that of the residents, unless he keeps his properties as green zones. The SW 62 Avenue area is a corridor for not only the residents but also the children that use the alley way to walk to and from school due to traffic, and the commercial use that is already present. Ms. Fries finished her statement by saying that she hoped the Board would keep this area as a.two story and bring it to a residential land use again as stated before. Speaker: ADDRESS SUPPORT /OPPOSE NAME' Jorge Milian 6531 SW 62 Court Supports Mr. Milian stated to the Board that he would like to keep this area as residential. He stated that a four story building would infringe on his property by bringing down the value of his home. He went on to say that a residential neighborhood is some place where you would like to live. He had a question about the alley way. Does the alley way get demolished? Mr. Milian went on to say that if he is allowed to build a two story house then the commercial area should also be allowed to build a two story building, but don't put something else up that would overtake the surrounding residential areas. He did say that there are other locations in South Miami that could support more than two story commercial buildings. Mr. Morton asked if staff knew what would happen to the alley way, if anything. Mr. Youkilis answered that the land use category covers the land and that the alley isn't part of the amendment. Ms. Young inquired if the alley way would stay. Mr. Youkilis stated that the Land Use Category would be applied over private property, but the alley is public property and that it is considered like a street. Mr. Yarborough stated that the alley is from SW 68 Street to SW 64 Street, but from SW 68 Street to SW 70 Street there is no alley way. Dr. Zacharial got up and clarified what the buffer area would be. Mr. Whitman interjected that the property is not owned by Dr. Zachariah. Dr. Zachariah stated that he did own the properties. Ms. Lourdes Cabrera - Hernandez interjected to show Mr. Whittman the area which Dr. Zachariah was speaking of between SW 68 to SW 70; (6240 SW 69 Street) which is not a part of what the Board is looking at. This property is zoned RS 3. Dr. Zachariah stated that the alley way faces only some of the lots and the others do not have an alley. NAME: ADDRESS Court Norris 6912 SW 62 Court Mr. Norris stated that if the Board would like to meet with him Board what is really going on in the area. He talked about the g parking which ends up in the swale area. He went on to say that would encroach into the residential area. SUPPORT /OPPOSE Supports in the morning he could show the arbage that is in the Swale and the he was concerned that the parking Planning Board Meeting September 29, 2009 Page 6 of 7 NAME: ADDRESS SUPPORT /OPPOSE Bob Welch 7437 SW 64 Court Supports Mr: Welch asked what is the zoning for the property located at 6230 SW 69 Street. Mr. Whitman stated that the zoning is part RS -3. Mr. Welch asked should the lot have commercial zoning as part of the amendment to the EAR. Mr. Youkilis stated that the lot is split down the middle; 2./3 residential & 1/3 commercial. Mr. Welch stated that he would like to keep the 1/3 of it for commercial only and nothing else. Mr. Welch stated that he would not like to see any more commercial use to come into this area, but would like to see low impact offices if commercial use has to come in on the first floors. NAME; ADDRESS SUPPORT /OPPOSE David Landon 6926 SW 62 Court Supports Mr. Landon stated that he has lived 35 years in this City. He went on to say that it used to be more residential than it is now. He feels that a creation of commercial property is not necessary. NAME: ADDRESS SUPPORT /OPPOSE Ms. Beth Schwartz 6430 SW 62 Court Supports Ms. Schwartz stated that there are enough available commercial properties in the area. She went on to say that the residents in the area did not want to have more "commercial sprawl." She stated that the residents would like to keep it residential. If you had to put commercial in the area, then please keep it low impact. Don't bring in food or commercial industry that keeps the neighbors up at night. She went on to say that the residents want to keep the two stories only or residential office uses with "green" levels. Ms. Schwartz wanted the Board to know that residential is what everyone in the area wanted and she provided a variety of letters. NAME: ADDRESS SUPPORT /OPPOSE Gary Hebert 7000 SW 64 Court Supports Mr. Hebert has stated that he has worked with Ms. Schwartz on this issue for several years. The residents only want the area to be residential and if commercial needs to enter the area, then keep at two stories. It has always been two stories. Mr. Hebert inquired why Dr. Zachariah is saying that the land he purchased was commercial property. And why does he feel that it can he used as a buffer zone? Mr. Hebert went on to say that it has never been a buffer zone just a commercial area. Mr. Morton closed the public hearing. Mr. Youkilis stated that 6230 SW 69 Street should be taken out from the verbal description of the area. Mr. Whitman inquired as to why does the City want to restrict this land use category to just this area? This category might apply to another part of the City. Mr. Youkilis stated that staff would not object if the last paragraph out on page 4 is removed; and rewrite the last line on the first paragraph to read "facing or abutting single family residential." Planning Board Meeting September 29, 2009 Page 7 of 7 Mr. Whitman inquired with the interim Assistant City Attorney about making motions. Mr. Goldstein stated that the best approach is that you make a specific motion to amend a specific sentence, and then make a motion on the entire section. Motion: Mr. Whitman made a motion to amend the proposed land use category by striking out the words "SW 62 Avenue", and replacing them with facing "or abutting single family residential"; and also striking out the entire last paragraph. Seconded by Mr. Cruz. Vote: 5 ayes, 0 nayes. Motion: Motion to approve the entire land use category, as amended, was made by Mr. Whitman and second by Mr. Parfan. Vote: 5 ayes, 0 nayes Motion was adopted and passed. TJV /SAY Z..WB9'B Minutes\2009 Mintues\9- 9- 09\Ftann1ng Board 9 -29 -09 Minutes Saved.doelBxeerpt MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT , Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR OCTOBER 6, 2009 In the XXXX Court, was published in said newspaper in the issues of 09125/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing th "dvertisem r publication in the said newspaper. Swom to and subscribed before me this 25 day o SEPTEMBER D. 2009 (SEAL) O.V. FERBEYRE personally known to me flo;al Public State of Florida veronica Perez y My Commission DDS19771 Expires 09103/2012 x � i 4 � � t• . {ni a rf • l � � T� r,5�..j a'Vr ,s MINIM 4 rr9� .� F � V• � '. �.. 2 Q2 o a _ � m _ T C _ K S.Rt1� _ Y i C i N ri 12 t cm nom♦ _. WT 1 p �W o. ° ma ap P' E 3d� o o a s a°R -may a 7 4 m E wx �"�i d rici eF o 4t,( ou> th ° 0? ° W gc"w m q :W w Er OA o° o c� -S 00 7 i COO o c ro m _v N F W oW o V v�V a O Via a'i. g F aY� E ( w O cp W o V .g" y wFG aR s e 'ON p ON Q ° e o^ �6 Pr�y 5. w ° fiV � o W ° E v .6 "P O > I d S= wm$ w yN o c Ott 4 a v ma a � nT y 3`3 c¢O . R ¢l 9 oO R A. `�ggw ° O & mx�a aRS } vo . 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PEREZ, who on oath says that he or she is the Drive toconsiderlha d�lowing aem(57 ' LEGAL CLERK, Legal Notices of the Miami Daily Business Review flW m a Miami Review, a daily (except Saturday, Sunday AN.c`ORDINANGE:OFrTfQE.MAYpR AND CITY COMMISSION and Legal Holidays) newspaper, published at Miami in Miami-Dade r of TNEAitY'OFSOflTH MIAMI R.O. I e,* RE1.ATIN.... N .( County, Florida; that the afached copy of advertisement, AMENDPv1EpfT'>°7'p �7H,E.v..LAND DEVELOPMENT OODE'tBY being a Legal Advertisement of Notice In the matter of ?{MpbIPY1NG `AND hiEMOytNG SECTION 20- Ef�7' '=Eb >iWALEi3iARl(ING'PERtvtIYB iN ORLIER T.O,�PLA'CE�rh) t.SAMJ:i',t'Pi30l�YSlO(+1SNN SECj19N NG 16 {C }•NG TFIE SOtj7'H MIA`totl {iOD�. QF'pRDlf`IANCS PROVIDI CITY OF SOUTH MIAMI FOJ} r�SEt)ERABi1,1T1� GROVIDING FbH ,CS,RDINANCES.1N PUBLIC HEARING - OCTOBER 200 2009 GONFLIpT `ANRPBOYIDjNG 3cN EFFEGTIVEDATEr .': In the XXXX Court, �AN4',i7ADINANCPAFh, MAYOR AND G17Y COMMISSION •" was published in said newspaper in the Issues of DF`.17 jE'CIW%bEtuO(JT}i`MIAtv71 FLORIDA REiA71NG 70,AN i AfiX1= NDW/ENT 7yO;fNE SDUT7'Y tyf1AMI,CODE OF ORD114 1010912009 B BY A�j�,SpJ�IQ'LJEyJ S}~Ci(pt)7 16fCj 70 B 'ENTI'j1tED .. tY}'jLEr /i RKiNGpERMITS'FQR USE O•F`Ft'16LIC PROBER TYP tNRDERs`fQ pLAiDE`THE PROVISIDNS "OF PREVIbUS, ANIaM further says that the said Miami Daily Business LANb bEy�LO,�?MENT,CODE;sEr;TION 20,4(N) INTOTH E: COpEAFORb1iJA( ICEB} (D;FURTHER TO IjJCREASE;7HE Review is a newspaper published at Miami In said Miami -Dada ; FEE5 GHARGED,FAR }iENTfL''01='ON $THEFT CUHBSI pE, " County, Florida and that the said newspaper has SPACES t PROVIDING FO(;%.SEVERABILITY PROVIDING heretofore been continuously published In said Miami -Dade County, .FOR .ORDINANCES +fN CONHUGT +AND <"PRpVJDJNG AN Florida, each day (except Saturday, Sunday and Legal Holidays) .:EFFECTI1rE <DA1',E -' and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, fora AN•ORDJNANCE OF THE MAYOR AND CITY COMMISSION 11 period of one year next preceding the first publication of the I F:THE CITY OE SOUTH MIAMI FLORIDA; AMENDING THE attached copy of advertisement; and off lent further says that he or '2007 SDUT.H MiQMI EVALUATION AND APP.RAISALRERORT . she has neither paid nor promised any person, firm or corporation (t =.%!R) �ASEp SEA' AtfIENDMENT DOCUfdENT Y+DO,P.TED ., . any discount, rebate, commis on or refund for the purpose BY -,THEY C1TxgG'pMM1AYSSIpN ON AUGV,ST'28 200Y`6Y.' of securing f advertisem t r publication in the said AMENDING THE ('REF EN�SIVE PLAN FUTURE LAND FFyy 'USE EL`EMENT.,11y ORbEfjTO ADOPT A NEW FUTURE LAND newspaper. ' i _ U$N1AiP CATEGORY "FbFi T}JESW 62nd AVENUE C,ORRI- Cl y// /J '� DOR �vrtlGkJ AN1Ef�1DMEN5' WOULb BE .... UPON THE ..�v- -��--- - ----., rtF!^i7MMENDA7'IONS CONTAINED IN THE -2008 SOUTH MI- Swom to and subscribed before me this 09 day of OCTOBER , A.D. 2009 (SEAL) V. PEREZ personally known to me XNotary Publk State of Fbrrcfa Cheryl H. Manner My CommiWon DD79MO Expires 07!182072 NOES IN 5-663-634D,_ CONFLICT; AND PROVIDING zttehd and will be heard.. ontact the - City Clefk's. Off ice. at: Maria M. Meoehde2, CIVIC City Clerk A05, the City .hereby advises the' Appeal any decision made: by this' `respect to any matter consldered at II need a record of the proceedings, I person may need tb ensure that a' is made which record includes the the appeal is t d o be based . 09 3- 21171326300M