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�e CITY OF • %Moo/ OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM �r AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH (EAR) BASED . AMENDMENTS MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE a, POLICIES FOLLOWING COMPREHENSIVE # L FUTURE LAND TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL PROVIDING ■■ PROVIDING AN EFFECTIVE Dx Revision No. 1 "the City has not included a full Five-Year Schedule of Capital Irnpr°overnents„ The Florida DCA single objection after its review of the City's (2007) EAR Based Text Amendment document was that the most recent adopted capital improvement plan was not correctly listed. The Comprehensive Plan contains a policy that requires the annual adoption of a five year capital 2 improvement plan. At the time of the EAR approval the Capital Improvements Plan was listed as "2006- 2011". The City Commission's most recent adoption of the Capital Improvements Plan was on March 17, 2009 when the "Capital Improvement Plan for 2008/09 - 2012/13" was approved. A simple insertion of the name of the most recently adopted capital improvements plan on p.52, will satisfy the DCA objection. Revision No. 2 The City Commission at its July 28, 2009 meeting adopted Ordinance No. 13 -09 -2005 which removed 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. (see Ordinance 13 -09 -2005 attached, Exhibit `B" ) Revision No. 3 The City Commission at its October 20, 2009 meeting adopted Ordinance No. 24 -09 -2016 which also modified p. 17A of 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) ". (see Ordinance 24 -09 -2016 attached, Exhibit "C ") PLANNING BOARD ACTION Beginning at its March 11, 2008 meeting the Planning Board (Local Planning Agency) did conduct a number of public hearings and made recommendations on different versions of the EAR Based Text Amendment ordinance sent to them by the City Commission. The Planning Board's approval of the original EAR Based Text Amendments occurred on March 11, 2008 and on April 21, 2008 after a public hearing (see attached Exhibit "D" and Exhibit "E"). The Board's decision at that time included approval of all of the proposed amendments in the August 23, 2007 document (including the "Neighborhood Center /Mixed Use District (Four Story)" future land use category) and also included approval of the one change requested by DCA that being a technical update to the Capital Improvement Element. It is important to note that at its July 14, 2009 meeting the Planning Board did provide a recommendation on the specific proposal to remove the proposed future land use category "Neighborhood Center /Mixed Use District (Four Story)" from the EAR Based Text Amendment Document. The Board's recommendation adopted by 3 ayes 2 nays vote was that the existing wording for the proposed "Neighborhood Center /Mixed Use District (Four Story)" future land use category in the EAR Based Text Amendment Document should remain at the original height and density as approved in 2007. The Planning Board at its September 29, 2009 meeting adopted by a vote of 5 ayes and 0 nays a recommendation that a new future land use category entitled "Residential /Limited Commercial District (Two Story)" should be included in the EAR Based Text Amendment Document. IMPORTANCE OF APPROVING EAR BASED TEXT AMENDMENTS (1) Florida State Statutes Section 163.3191(10)(11) mandates that local governments must adopt the amendments recommended in the EAR -Based Text Amendment Report. Failure to so within a certain period of time will result in sanctions against the local government. These include not being eligible to receive revenue sharing funds, grants for water and sewer system, road construction funds, and Community Development Block Grant funds. In addition the local government is prohibited from processing any changes to the Comprehensive Plan until the final EAR Amendments are approved and transmitted to the Florida DCA. (see Fla. Statutes Sec. 163.3191 and Sec. 163.3184 attached, Exhibit «F» 3 (2) There are several changes to the Comprehensive Plan mandated by the State which can not be initiated because the EAR process is not complete. These include the final adoption of the Public Education Facilities Element, the Water Supply Facilities Work Plan, Strategies for Reduction of Greenhouse Gas Emissions, and a number of Future Land Use Map changes recommended in the City's EAR Program adopted in 2006. (3) The concerns over the height limit and density of the Madison Square project will not be solved by delaying the final approval of the EAR Based Text Amendments. In fact the adoption of the current EAR Based Text Amendments will allow the City to immediately consider the subject as a standard amendment to the Comprehensive Plan (allowed twice a year). The Administration has made a commitment to make this issue a priority as evident by recent efforts to secure Affordable Housing funding from the County and to investigate the use of CRA funds to move forward with Madison Square Project. It can be anticipated that subsidies obtained from these funding sources will allow for affordable housing units to be built at a reduced density and within acceptable height limits. It is further important that CRA funds be committed or we run the risk of recapture by Miami -Dade County as was discussed at the November 23, 2009 CRA Board meeting. (4) The City Commission has recently taken action (in some cases by a unanimous vote) to adjust the future land use map in several locations as part of the next Comprehensive Plan. Evaluation and Appraisal process which begins in 2010. These changes are essentially reductions in density and height of permitted development. These same concerns will be applied to the future development of the Madison Square project. In fact, it will be possible to complete this project with affordable rental rates if we move forward quickly with the EAR Based Text Amendments approval and determine the amount of subsidy necessary and its source in accordance with the report verbally presented by consultant Larue Planning and Management Services, Inc. to the CRA Board at the November 23, 2009 CRA Board meeting. CITY COMMISSION ACTION City Commission action on the revised EAR Based Text Amendment Document will require a 4/5 vote. This issue has been of concern due to the 2008 Charter amendments which provided that certain types of amendments to Land Development Code and the Comprehensive Plan will require five affirmative votes. The city's Planning and Zoning Director in an e -mail to the City attorney dated November 10, 2009 provides an explanation of why the vote on this item will require a 4/5 majority. The City Attorney has advised that he concurs with conclusion set forth in the Director's e- mail.(see attached Exhibit "G ") RECOMMENDATION The Administration strongly encourages the Commission to approve the EAR Based Text Amendments. The City's ability to regulate and control future development is dependent upon having the current EAR recommendations adopted and found sufficient by the Florida Department of Community Affairs. It is important to note that State government regulations require local governments in 2010 to begin a new Evaluation and Appraisal process which could lead to additional changes to the Comprehensive Plan and the Future Land Use Map. This process can not begin until current EAR recommendations are completed. In addition, recent resolutions adopted by the City Commission to modify Comprehensive Plan density and height regulations in certain areas of the'City can not be started until the current EAR is adopted. It is recommended that the City Commission approve on first reading the attached ordinance which adopts and modifies the City's Comprehensive Plan. Attachments Draft Ordinance City Commission Minutes 8 -4 -09 pp 3 -5 Exhibit "A" Ord. No. 13 -09 -2005 Exhibit "B" Ord. No. 24 -09 -2016 Exhibit "C" Planning Board Minutes Excerpt 3 -11 -08 Exhibit "D" Planning Board Minutes Excerpt 4 -21 -08 Exhibit "E" Fla. Statutes Sec. 163.3191 and Sec. 163.3184 Exhibit "F" Planning and Zoning Director's E -mail 11 -10 -09 Exhibit "G" EAR Based Text Amendments Document 8- 27 -07, as modified pp. 16, 17, 17A, 52 Exhibit "H" Public Notices TJV /SAY X: \Comm Items\2009 \12- 1- 09\EAR Amend CM Report.doc I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT 5 (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE 6 PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR 7 THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; 8 TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION 9 AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL 10 IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the Florida Legislature intends that local planning be a continuous and 14 ongoing process; and 15 16 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to 17 periodically assess the success or failure of the adopted plan to adequately address changing 18 conditions and state policies and rules; and 19 20 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt 21 needed amendments to ensure that the plan provides appropriate policy guidance for growth 22 and development; and 23 24 WHEREAS, the City completed its proposed Evaluation and Appraisal Report- 25 Based Textural Amendments consistent with the requirements of Chapter 163, Part II, F.S., 26 and Rule 9J -5 and 9J -11, F.A.C.; and 27 28 WHEREAS, the City Commission at a special meeting on August 23, 2007 29 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments to 30 the Comprehensive Plan, and adopted on first reading an ordinance approving the Report and 31 authorized its transmittal to the Florida Department of Community Affairs for review and 32 comment; and 33 34 WHEREAS, the Florida Department of Community Affairs in a communication 35 dated January 18, 2008 transmitted an Objections, Recommendations, and Comments (ORC) 36 Report which report found that the EAR Comprehensive Plan amendments to -be consistent 37 with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes; and 38 39 WHEREAS, the Objections, Recommendations, and Comments (ORC) Report set 40 forth one objection which required a minor adjustment to Policy No.1.1.6 of Chapter 8, 41 Capital Improvement Element; and 42 43 WHEREAS, the Local Planning Agency (Planning Board) at its March 11, 2008 44 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending 45 that the Evaluation and Appraisal Report Based Text Amendment report be approved. 46 47 2 2 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 6 Section 1. The City Commission hereby approves the City of South Miami 7 Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments 8 Document dated August 23, 2007 with the following modifications: 9 10 (A) In accordance with the Department of Community Affairs ORC Report dated January 18, 11 2008, Policy No. 1.1.6 of Chapter 8, Capital Improvement Element on p. 52 is revised to read 12 as follows: 13 "The City of South Miami 2006==2&A 2008/09 — 2012/13 Capital 14 Improvements Plan, and the Capital Improvements Schedule included 15 therein, contains a schedule of projects that the City shall implement in 16 order to maintain its adopted Level of Service standards or otherwise 17 achieve the foals, obiectives and policies and /or ensure the financial 18 feasibility of the Comprehensive Plan. The 2006- 20412008/09 — 2012/13 19 Capital Improvements Plan is hereby adopted by reference as part of the 20 Capital Improvements Element. "; 21 22 (B) Removal of the wording of the proposed Future Land Use Map Category entitled 23 "Neighborhood Center /Mixed Use District (Four Story)" on pp. 16 and 17 of the 24 Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document 25 dated August 23, 2007; 26 27 LQ Add a new Future Land Use Map Category entitled "Residential /Limited Commercial 28 District (Two Story) on p. 17A of the Comprehensive Plan Evaluation and Appraisal Report 29 Based Text Amendments Document dated August 23, 2007, to read as follows: 30 31 "Residential / Limited Commercial District (Two Story) 32 33 The Residential/Limited Commercial District (Two Story) future land use 34 map category is intended to allow for low - density residential development 35 and limited commercial development in a transition area abutting single 36 family homes. The maximum height of all new construction shall be two 37 stories. Residential development shall be limited to townhouse 38 development at a maximum of 6 units per acre. Commercial 39 development shall be limited to a maximum floor - area -ratio of 0.80 and 40 shall include only those retail and personal service (office) needs for the 41 local neighborhood residential areas. The specific type of retail and office 42 uses shall be set forth in the appropriate zoning use district in the Land 43 Development Code. The Land Development Code shall provide for a 44 mandatory no- construction buffer / landscape area and a required wall 45 or fence at the rear of all properties facing or abutting single family 46 residential. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Mixed use development is encouraLFed. Existing buildinLFs 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 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 day of , 20' ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 1St Reading: 2nd Reading COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner: Palmer Commissioner: Newman Commissioner Sellars: Attachment "A" Evaluation and Appraisal Report (EAR) Based Text Amendments X: \Comm Items\2009 \12- 1- 09\EAR Amend 12 -1 -09 Ord.doc EXHIBIT "A" City of South Miami Regular City Commission Minutes August 4, 2009 1 d 0 0 T @W@ 0 3 (-G -4, � The City' Commission of the City of South Miami, Florida met in regular session on Tuesday, August 4, 2009, beginning at 7:35 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and, Commissioners Velma Palmer, Valerie Newman and Lew Sellars. Also in attendance were: City Attorney Luis Figueredo, City Clerk Maria M. Menendez and City Manager Ajibola Balogun. B. Invocation: The invocation was delivered by Commissioner Sellars. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) County Commissioner Carlos Gimenez addressed the Commission saying, among other things, that his intention is not to raise the millage. He also reassured the Commission that he will work at restoring the seniors' meals program. 1. Approval of Minutes Minutes of July 21, 2009 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley, the motion to approve the minutes of July 21, 2009 passed by a 4 ®0 vote: Commissioner Palmer: Vice Mayor Beasley: Commissioner Newman: CITY COMMISSION MINUTES 1 August 4, 2009 Yea Yea Yea d PPT@W@ Commissioner Sellars: Yea Mayor Feliu: Abstained 2. City Manager's Report (25 minutes) • USDOJ JAG Grant Application Funding Update; (Red folder info) • Status Report on Cambridge Lawns Historic Markers: (Red folder info) ® Requested to look into the `cash for clunkers" program; (Newman /Balogun) f. With no further comments the City Manager's Report ended. 3. City Attorney's Report (15- minutes) Counselor Figueredo addressed the charter school issue, stating that as per Florida Statutes all charter schools are public schools; after reviewing the section dealing with local governments he said that typically what a local government will assess the location of the school to make sure that it is consistent with its comprehensive plan. In the event that it is not consistent with the comprehensive plan, then even though we cannot deny it, we can impose a condition if needed; this is a permitted use, he said, adding that he has asked for documentation and will be reporting to this Commission about compliance. With no further comments the City Attorney's Report ended. 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE PLANNING, AND ZONING DEPARTMENT AND THE PLANNING BOARD TO PREPARE AND INITIATE AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT FOR A NEW FUTURE LAND USE MAP CATEGORY ENTITLED "NEIGHBORHOOD CENTER /MIXED USE DISTRICT" WHICH AMENDMENT WOULD ALLOW FOR THE IMPLEMENTATION OF PLANS FOR THE MADISON SQUARE PROJECT AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN ITS APPLICATION TO THE GEOGRAPHIC BOUNDARIES OF THE CITY COMMISSION MINUTES 2 August 4, 2009 PROPOSED MADISON SQUARE PROJECT AREA; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Beasley) Moved by Mayor Feliu, seconded by Vice Mayor Beasley to approve this item. Vice Mayor Beasley said that he has problems with the language of the resolution and his real intent which is moving Madison Square forward, but that we need to create a plan for the area; the second thing is to look into the land use; then, we need to create a design according to the land' that we "own. He said that creating a new land use right now is premature, and the resolution really does not address any of those issues. He said that he cannot vote on his own sponsored resolution for the reasons stated, so he proposed to direct staff to create a master plan for the area around Madison Square. The Commission discussed this issue, each of them providing suggestions. Also CRA Director David provided further information about the property for the proposed project. Commissioner Palmer concurred with the Vice Mayor for the need to develop a plan. Mr. Balogun recommended for staff to meet with the Vice Mayor to get proper direction as to the scope for the plan. Moved by Vice Mayor Beasley to table this item. Seconded by Mayor Feliu, the motion passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Sellars: Yea Mayor Feliu: Yea 5. 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 CITY COMMISSION MINUTES 3 August 4, 2009 EP PZ0 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. 4/5 (Vice Mayor Beasley) Moved by Mayor Feliu, approve this item. Vice Mayor Beasley said move the EAR process forward. seconded by Vice Mayor Beasley to 4 that the purpose of this item is to Mayor Feliu said that the reason for which the EAR process has not moved forward is because the land use definition for the Madison Square project has been removed from the document. He said that the community in that area has spoken many times about how much they want to see the project going. He said that he understands that sixty units per acre is too much and twenty -four is too little, but that they need to come to a consensus so that they can move the process forward. Commissioner Palmer said that she has always been in favor of what the recommendations were from everybody, including the Commission and the community. She said that she agrees that sixty units per acre is too high, however, we need a compromise; she said that she is willing to work with every member of this Commission. Commissioner Newman said that she is not happy with this either because the will of the people is not reflected on this document; she said that the will of the people was not for four stories but for two stories; not for sixty units per acre but twenty -four units per acre. She said that therefore it might be a good idea to go into the new EAR process and hear what the people' have to say. Commissioner Sellars said that he does not agree with the sixty unit density, and neither with the four stories. He then asked staff what would be the consequences for the City by not sending the document now. Counselor Figueredo said that the consequences could be that the City can always be sanctioned, and DCA would have to make a finding for non-compliance. Meantime, the effects would be that the City needs to make changes to the Comprehensive Plan. CITY COMMISSION MINUTES 4 August 4, 2009 Vice Mayor Beasley said as a manner of clarification that this land use category is for the entire City of South Miami, it is not site specific. At this time the public hearing was opened. Levy Kelly said that the people have spoken and that they want to develop Madison Square. - At this time Commissioner Newman asked for a point of order, requesting that the Commission adheres to Roberts Rules of Order by speaking only about the subject matter of the item being discussed. Also, that each member of the Commission is allowed to speak on the item. In this case, the purpose of the ordinance is to send the EAR document to DCA as previously amended. Dick Ward said that what is interfering with the EAR process is the sixty units. Walter Harris urged the Commission to approve this ordinance to allow the process to continue its course. David Tucker Sr. urged the Commission to allow for the Madison Square project to move on. With no further speakers the public hearing was closed. With some further comments, the motion to approve this item failed by a 3 -2 vote: Commissioner Palmer: Nay Vice Mayor Beasley: Yea Commissioner Newmane Yea Commissioner Sellars: Yea Mayor Feliu: Nay 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, "A.DMINISTRATION AND CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION; PROVIDING FOR CITY COMMISSION MINUTES 5 August 4, 2009 f, ORDINANCE NO. 13 -09 -2005 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 AND FOUND CONSISTENT WITH STATE LAW BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ON JANUARY 18, 2008, IN ORDER TO REMOVE FROM THE FUTURE LAND USE ELEMENT A PROPOSED NEW. FUTURE LAND USE CATEGORY ENTITLED "NEIGHBORHOOD CENTER I MIXED USE DISTRICT "; 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 -5 and 9J -11, F.A.G.; 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, Recoriunendations, 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 Ord. no. 13 -09 -2005 2 WHEREAS, the City Commission at meetings on April 1, 2008, May 20, 2008, and April 21, 2009 failed to adopt the Evaluation and Appraisal Report Based Text Amendments; and WHEREAS, it is proposed that in order to finalize and transmit the Evaluation and Appraisal Report Based Text Amendments a revision to the original Evaluation and Appraisal Report would be appropriate; and WHEREAS, the Local Planning Agency (Planning Board) at its July 14, 2009 meeting, after public hearing, adopted a motion by a vote of 3 ayes 2 nays recommending continuing support for the existing wording for 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. NOW THEREFORE, BE IT ORDAINED BY 'THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby approves that the City of South Miami Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments Document dated August 23, 2007 be adopted with the following change: (1) Removal of the wording of the proposed Future .hand 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. (see ExhibitA attached) Section 2. The. City Commission hereby directs the City Manager to transmit this ordinance to the Florida Department of Community Affairs and to formally request consideration of the subject change to the Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments Document approved on August 23, 2007. 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. hereof. Section 5. This ordinance shall be effective immediately after the adoption PASSED AND ADOPTED this 28 day .of July , 2009 Ord. No. 13 -09 -2005 ATTEST: READ AND APPROVED AS. TO FORM: CITY Y 3 APPROVED: A OR I st Reading: 7 / 21 / O'� 2"d Reading 7/28/09 COMMISSION VOTE: 3 -1 Mayor Feliu: absent Vice Mayor Beasley: Yea Commissioner Palmer: Nay Commissioner Newman: Yea Commissioner Sellars: Yea EXHIBIT "A" Proposed Amendment EAR Based Text Amendments Chapter I Future Land Use Element (pp. 16-17) FUTURE LAND USE CATEGOAY (as adopted on first reading 8- 23 -07; submitted to DCA) X1PBtPB Agendas Staff Reports\2009 Agendas Staff ReportsW- 14- 091Exhibit A EAR. Remove FLUM.doc -- - - - - - - '' - - -- - -- -- - = - I pin 1A WFA X1PBtPB Agendas Staff Reports\2009 Agendas Staff ReportsW- 14- 091Exhibit A EAR. Remove FLUM.doc IY � ORDINANCE NO. 24-09-2016 AIN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH TVHAMI, 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 62nd AVEENUE CORRIDOR; PROVIDING FOR SEVERA.BILITY, 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 Il, 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 Colinmunity 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 16' ), 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 1 of 3 Ord. no. 24- 092016 W IER:EAS, 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 recomm.'endation 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 Stof y} The ResidentiabEimited Commercial District (Two Story) future land use map cate¢ory is intended to allow for low - densitv residential development and limited commercial development in a transition area abutting single family homes. The maximum height o f 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 ma-Yimum 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 ap ropriate zoning use district in the Land .Development Code. The Land Development Code shall provide Page 2 of 3 0)-,d. 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. ,1 Lved 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 subiect 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: 10106109 2" d Reading: 10/20/09 READ APPROVED TO FORM: CITY ATTORNEY XAComm Items\2009 \10- 6- 09\EAR Add New SW 62 Ave PLUM 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 sour r" - , 1-1 q EXHIBIT "D99 U` ° INCORPORATED ° 1927 �LORtO CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 11, 2008 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 7:41 P.M. The Pledge of Allegiance was recited in unison. IL Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Ms. Young, Mr. Farfan, Mr. Davis, and Ms. Chael. Absent: Ms. Yates City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications/Public Hearing PB -08 -010 Applicant: City of South Miami AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION 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; RESPONSE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC); PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Action: Mr. Farfan read the item into the record. Mr. Youkilis advised that the text changes went before the City Commission and were Planning Board Meeting March 11, 2008 Excerpt Page 2 of 2 adopted on first reading. Thereafter the documents were sent to Department of Community Affairs (DCA). After review of the City's submittal DCA issues Objections, Recommendations, and Comments (ORC) report which found that the City's report was excellent and made only one recommendation. It was determined that the Capital Improvement Plan (CIP) was one year behind and they recommended that the City update the years from 2007 -2012 to 2008 -2013 to show five year update. The City Commission recently adopted a Capital Improvements Plan and the state mandates that the new dates shall be included in the City's Comprehensive Plan. Therefore, the ordinance adopting the EAR with the one change must go before the City Commission as part of the text amendments final hearing. Action: Ms. Young moved to approve the ordinance as presented. Mr. Davis seconded Vote: 5 Ayes 0 Nays XAComm Items\ 2009 \12- 1- 09 \03- 11- 08- PBMinutes Excerpt.doc sour a � cc U ° INCORPORATED ° 1,927 fiL o it 19 CITY OF SOUTH MIAMI PLANNING BOARD Special Meeting Action Summary Minutes Monday, April 21, 2008 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 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Ms. Yates, Mr. Farfan, Mr. Cruz, and Ms. Chael. City staff present: Eve Boutsis (City Attorney), Sanford A. Youkilis (Acting Planning Director), and Lluvia Resendiz (Administrative Assistant). III. Reason for Special Meeting: Mr. Youkilis advised that the EAR -Based Text Amendment document which includes over 100 revisions to the City's Comprehensive Plan was before the Planning Board for final review at its March 11, 2008 meeting. The document dated August 23, 2007 contained a minor technical revision updating the time period of the City's most recently adopted Capital Improvement Plan. This was the only change suggested by the Florida DCA in. their official analysis (Objections, Recommendations, and Comments (ORC) Report) which was sent to the City on January 18, 2008. A simple insertion of the name of the new capital improvement plan on p.52 was inserted into the document. The Planning Board at the March -11 meeting unanimously approved the revision to EAR -Based Text Amendment document, and forwarded on to the City Commission. The City Commission at its April 1, 2008 meeting considered the EAR -Based Text Amendment document on second reading (first reading was in August, 2007 prior to transmittal to Florida DCA). At that time one Commissioner moved to remove the section of the report which contained a new land use category which would be applicable to the Madison Square project. There was no second to the motion. After a public hearing the City Commission voted 3 ayes and 1 nay to approve the ordinance adopting the EAR - Based Text Amendments as part of the City's Comprehensive Plan. The ordinance failed to be adopted because by Code a 4/5 approval vote is required. Planning Board Meeting April 21, 2008 Page 2 of 4 III. Planning Board Applications /Public Hearing PB -08 -019 Applicant: City of South Miami AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION 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; RESPONSE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC); PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. Mr. Youkilis advised that Florida State Statutes mandate that the local government must submit their EAR Based Text amendments. If the city does not turn in the EAR document the State will sanction the local government including the loss revenue sharing funds, grants for sewer and water, road construction funds, community development block grant, and in addition lose the ability to process amendments to the Comprehensive Plan. Therefore it was decided to reinitiate the process at the Planning Board level by developing a different EAR document than that previously voted on in March. The difference is the removal of the "Madison Square." Revision No.2 suggests that we re -insert the Neighborhood Center district "Madison Square" back into the original document. Three alternatives have been developed. Alternative I is exactly as the originally approved EAR document. Alternative H was submitted by Commissioner Beckman which suggests adjustments in density and height of buildings near single - family. Alternative I11, prepared by staff and the City Attorney, suggests the same as Alternative No.l however the residential density was reduced to 45 units per acre where the original suggested 60 units per acre. Staff recommended that the EAR document dated April 21, 2008 be readopted and include either Alternative No.l or No.3 shall be approved as an amendment to be reinserted into the EAR document dated April 21, 2007. Mr. Morton stated that he prefers Alternative No.3 but would like to amend it to include 60 units per acre. He questioned if Alternative No.3 is a more simplified version and whether or not it would be the same in concept as previously approved. Ms. Boutsis replied with an affirmative advising that the Alternative No.3 will be different language but in a more simplified manner however, all of the standards will remain the same as Alternative No. 1. Mr. Cruz questioned the City's submittal deadline date to DCA. He also expressed concerns that the City could be under the same predicament if the EAR document does not get approved by the City Commission and whether or not the City will have enough time undergo the process again in the event that the EAR document does not get approved on second reading. Ms. Boutsis advised that if the City Commission does not approve the EAR document the City will be required to request an extension from the Department of Community Affairs. Mr. Youkilis advised that the municipalities are given 120 days, from the date that DCA issues the ORC report, to update the EAR. Ms. Young expressed concerns related to the EAR document being approved on first reading but Planning Board Meeting April 21, 2008 Page 3 of 4 disapproved on second reading. Ms. Chael advised that if the number of units remain the same than, although the number of units are reduced that you can have larger and more luxurious units. She believed it would be nice to have a mixture of units thus making it more affordable. Ms. Chael found no adverse affect in making a revision to the text with regards to the number of units. Mr. Farfan advised he would prefer Alternative No.3 with the amendment to include 60 units per acre. Ms. Yates advised she was fine with the original approval of 60 units per acre. Ms. Young advised to be in favor of originally written EAR document. She noted that staff and the Board spent plenty of time on the original document and provided significant reasons as to what was said and the way it was said. She found no significant reason for making any changes. Mr. Cruz stated he was in favor Alternative No.3 with 60 units per acre simply because by limiting to 45 units per acre essentially automatically reduces the amount of units. Therefore by keeping it at 60 units there is always the option of reducing the size. Sixty units is really the maximum and not minimum. Also with 60 units there is the option to doing in between 55 or 50 and by limiting to 45 you are automatically limiting the number or units. Mr. Morton indicated he prefers Alternative No.3 but would also recommend modifying the number of units to 60. He is in favor of Alternative No.3 because it has different verbiage and in changing the language the Board is submitting a different EAR document to the City Commission. Chairman Morton opened the Public Hearing. Name Address Position Levy Kelly 6250 SW 60 Avenue Favors Mr. Kelly thanked the Board for their continuous good work, efforts, and understanding of the community's needs. Claudia Hauri 5752 SW 77 Terrace Neutral Ms. Hauri expressed concerns regarding area nine of the future land use map. She requested that staff clarify the area nine recommendation of denial of the amendment is still enforced. Mr. Youkilis replied that the applicant was referring to the draft of the next step which deals with making changes to the Future Land Use Map (FLUM) which is scheduled for public hearings in June 2008. Area nine is one area not being recommended by the consultants for a map change. Simon Codrington, Jr. 6620 SW 63 Avenue Favors Mr. Codrington thanked the Board for their efforts into the long EAR process. He acknowledged that the Board made the correct recommendation for the four -story height limit as well as the 60 units in density and floor area ratio. He advised that one of the Commissioners has decided to impose his personal view and weigh heavily on the communities input rather than to do what the state statue mandates. This is not a normal process but rather a complicated process and therefore commended the City Staff and Consultants for their hard work and dedication to the process. The fact that DCA made only one comment to the City's EAR document states that staff, the consultants, and the Planning Board did a suburb job. If a change must be made to the EAR document aside from what was recommended by DCA in the Objections, Recommendation, and Comments report (ORC), as a community that is considered to be unfair and a complete Planning Board Meeting April 21, 2008 Page 4 of 4 undermining of the integrity of the process. As a community many objectives are trying to be met. These objectives included a mixed -use project that incorporates bringing back business, which have dissipated, into a district which has died from where it once was and making an effort to incorporate affordable housing. In order for this project to succeed all goals must be reached and the project must be given the maximum opportunity to be built out to its highest and best use. Oliver Gunellas 6755 SW 74 Street Neutral Mr. Cunellas expressed concerns that the approval of a four -story height building will set precedence for other future land use zoning districts. Mr. Youkilis replied that the land use category was designed strictly for the "Madison Square" area. It is not anticipated that this would be used in any other location. Ms. Boutsis responded that this is a land use category for the specific area in question and not for other areas within the city. If the text amendment is approved tonight and by the City Commission it will be incorporated into the Comprehensive Plan. Ms. Boutsis added that an individual would have to initiate the process for a change to the future land use map for a specific area. Chairman Morton closed the Public Hearing. Mr. Morton questioned, for clarification purposes, if Alternative No.3, if amended, will be inconsistent with what was originally approved by the Planning Board. Ms. Boutsis replied that if Alternative No.3 were amended to reflect the 60 units per acre the answer would be "yes." She reiterated that Alternative No.3 just simplifies the language. Mr. Alex David, Consultant for Bell - David Planning Group, advised that Alternative No.3 is less wordy than Alternative No.1 but the content is exactly the same as previously provided even after Alternative No.3 is amended to have 60 units per acre. Motion: Ms. Young moved to approve Alternative No.3 with the condition to amend Alternative No.3 to include 60 units per acre. Mr. Cruz seconded. Vote: 6 Ayes 0 Nays Motion: Ms. Young moved to approve the Evaluation and Appraisal Report with the revision recommended by staff related to the date of the Capital Improvement Plan as well as the Evaluation and Appraisal Report document as amended to include 60 unites per acre under Alternative No.3. Ms. Yates seconded. Vote: 6 Ayes 0 Nays XAComm Items\2009 \12- 1- 09\PB- Min- 04 -21 -08 Excerpt.doc EXHIBIT "F" FLORIDA STATUTES PERTAINING T EVALUATION O APPRAISAL Section 163.3191 10) The goVer..ning body shall amend its comprehensive plan based on the recommendations in the report and shall update the comprehensive plan based on the components of subsection (2), pursuant to the provisions of ss. 163.3184, 163.3187, and 163.3189. Amendments to update a comprehensive plan based on the evaluation and appraisal report shall be adopted during a single amendment cycle within 18 months after the report is determined to be sufficient by the state land planning agency, except the state land planning agency may grant an extension for adoption of a portion of such amendments. The state land planning agency may grant a 6 -month extension for the adoption of such amendments if the request is justified by good and sufficient cause as determined by the agency. An additional extension may also be granted if the request will result in greater coordination between transportation and land use_ , for the purposes of improving Florida's transportation system, as determined by the agency in coordination with the Metropolitan Planning Organization program. Beginning July 1, 2006, failure to timely adopt and transmit update amendments to the comprehensive plan based. on the evaluation and appraisal report shalt result in a local government being prohibited from adopting amendments to the comprehensive plan until the evaluation and appraisal report update amendments have been adopted and transmitted to the state land planning agency. The prohibition on plan amendments shall commence when the update amendments to the comprehensive plan are- past due. The comprehensive plan as amended shalt be in compliance as defined in s. 163.3184(1)(b). Within 6 months after the effective date of the update amendments to the comprehensive plan, the local government shall provide to the state land planning agency and to all agencies designated by rule a complete copy of the updated comprehensive plan. (11) The Administration Commission may impose the sanctions provided by s. 163.3184(11) against any local government that fails to adopt and submit a report, or that fails to implement its report through timely and sufficient amendments to its local plan, except for reasons of excusable delay or valid planning reasons agreed to by the state land planning agency or found present by the Administration Commission. Sanctions for untimely or insufficient plan amendments shall be prospective only and shall begin after a final order has been issued by the Administration Commission and a reasonable period of time has been allowed for the local government to comply with an adverse determination by the Administration Commission through adoption of plan amendments that are in compliance. The state land planning agency may initiate, and an affected person may intervene in, such a proceeding by filing a petition with the Division of Administrative Hearings, which shall appoint an administrative law judge and conduct a hearing pursuant to ss. 120.569 and 120.57(1) and shalt submit a recommended order to the Administration Commission. The affected local government shalt be a party to any such proceeding. The commission may implement this subsection by rule. Section 163.3184 (11) ADMINISTRATION COMMISSION. -- (a) If the Administration Commission, upon a hearing pursuant to subsection (9)* or subsection (10), finds that the comprehensive plan or plan amendment is not in compliance with this act, the commission shalt specify remedial actions which would bring the comprehensive plan or plan amendment into compliance. The commission may direct state agencies not to provide funds to increase the capacity of roads, bridges, or water and sewer systems within the boundaries of those local governmentat entities which have comprehensive plans or plan elements that are determined not to be in compliance. The commission order may also specify that the local government shalt not be eligible for grants administered under the following programs: 1. The Florida Small Cities Community Development Block Grant Program, as authorized by ss. 290.0401- 290.049. 2. The Florida Recreation Development Assistance Program, as authorized by chapter 375. 3. Revenue sharing pursuant to ss. 206.60, 210.20, and 218.61 and chapter 212, to the extent not pledged to pay back bonds. (b) If the local government is one which is required to include a coastal management element in its comprehensive plan pursuant to s. 163.3177(6)(g), the commission order may also specify that the local government is not eligible for funding pursuant to s. 161.091. The commission order may also specify that the fact that the coastal management element has been determined to be not in compliance shall be a consideration when the department considers permits under s. 161.053 and when the Board of Trustees of the Internal Improvement Trust Fund considers whether to sell, convey any interest in, or lease any sovereignty lands or submerged lands until the element is brought into compliance. (c) The sanctions provided by paragraphs (a) and (b) shall not apply to a local government regarding any plan amendment, except for plan amendments that amend plans that have not been finally determined to be in compliance with this part, and except as provided in s. 163.3189(2) or s. 163.3191(11). Youkilis, Sanford From: Vageline, Thomas Sent: Tuesday, November 10, 2009 9:11 AM To: Feingold, Laurence Cc: Youkilis, Sanford Subject: RE: EAR Based Text Amendments 2005 -2006 Page 1 of 2 Pursuant to the Land Development Code Section 20- 6.1(A)(3)(a)(ii) "Four (4) affirmative votes of the city commission shall be required to approve a change to the adopted Comprehensive Plan,..." Pursuant to the City Charter "...five affirmative votes of the city commission shall be required to approve the actions indicated below: To amend the land use and development regulations in any manner to make them less restrictive..." The EAR Based Text Amendment package contains many changes to the goals, objectives and policies of the adopted Comprehensive Plan. These changes to the goals, objectives and policies of the adopted Comprehensive Plan are the result of removing obsolete language, bringing the Comprehensive Plan into conformity with changes in State law and the State Comprehensive Plan, calls for additional planning activity (such as a Comprehensive Long Range Transportation Study and a Comprehensive Recreation and Open Space Master Plan), proposing the investigation of additional impact fees, removes interim policies no longer in effect, adds new City committees, adds strategies for accomplishment of affordable housing strategies, add a future land use category named: Residential / Limited Commercial District (Two Story): These changes to the adopted Comprehensive Plan do not make the Comprehensive Plan less restrictive. Therefore, Land Development Code Section 20-6. 1 (A)(3)(a)ii applies: 4 affirmative votes needed to approve. Thank you. Thomas J. Vageline, Director Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Telephone: 305-663-6327 Fax: 305 - 668 -7356 E- mail: tvageli .neCa�ci_tyofsouthmiami.net F11? =0: Introduction............................. ..............................1 Chapter 1 — Future Land Use Element ........................3 Chapter 2 — Transportation Element ..........................18 Chapter 3 — Housing Element ....... .............................28 Chapter 4 — Infrastructure Element .............................33 Chapter 5 — Conservation Element .............................37 Chapter 6 — Recreation and Open Space Element .......... 40 Chapter 7 — Intergovernmental Coordination Element.....44 Chapter 8 — Capital Improvement Element ...................50 2 FUTURE LAND USE M FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Adopted 8119197 by Ord.No. 20-97-1641; Amended 317100 by Ord.No. 1-00-1703; Amended 11/7/00 by Ord.No. 27-00-1729 Reason for amendment. Recommendation a3 to r °r FAR Issue rr , "Development and Redevelopment". The amendment reflects the current adoption status of the Pratt, and r r a framework for atnending the read development regulations on to address specific issues raised during the public involvement Policy 1. 1. 4. Althoy_qh there are currently no military installations within or Proximate to South Miami. the Citv shall adhere to State statut2ry rectuirements to ensure compatibility of new devejqpm t and redevelopment with military operations if a militarz installation is located within or within one-half mile of its boundaries in the future. Reason for amendment: Recommendation LU-7. to address EAR Msue IIA., "Devolopment and Redevelopment". The amendment broadens the objective to address historic resources that may be designated in the future, and the range of prosorvation mechanisms and tools. Policy 1.2.1 The E4?VLFGRM--*-I Review-and Historic Preservation Board shall review all new development proposals to assure preservation of the City's limited historic resources. 0 Reason for amendment. Recommendation - . to address EAR Issue . "Fiscal ,a and Govemment Services". The amendment reflects the 9 coordination between public school facility and land use planning prescribed in the referenced Interlocal Agreement Cason for rrrrrerrrfrrrrrrrl: Recommendation f lm, to address Issue ILA,, ^` of r, rrrerrl and The rr rr rr rrrrrrrf is intended to provide for downtown redevelopment lr accordance with redevelopment l°r and orris, and protect residential areas from the encroachment of nonresidential aegis. Policy Z 121 Continue to monitor parking usage additional municipal parking areasshould be provided 1 Reason for amendment: Existing Policy 2.1.1 was moved to Objective 1.3 and renumbered. Reason for anvendment., : rr mendat on LU-13. to ': EAR Issue I .,::. "Development and Redevelopment". The amendinent r° t rrt the establishment °r°a r t Oriented Development Distdcts, and addresses con rn about their potential impacts on surrounding neighborhoods air uses. l Policy y Transit-Oriented Development Districts delineated on the Future Land Reason for amendment. Recommendation LU-M to address EAR Issue "'Development and Redevelopment". The amendment reflects the establishment of Transit Oriented Development Districts, and addresses concerns about their potential impacts on surrounding neighborhoods air gees. ,. . Reason for amendment. Recommendation -I w to address A Issue I ., "Fiscal Health and Government Services" Additional impact Bras are potential mec a ris ` for ensuring the "t 'a ability to provide key infrastructure and services at adopted bevels of Bernice through the l ni period .- EM Use Map and in compliance with other relevant development regulations of the City. Policy 4. 1.1 Maintain the single - family land use and zoning in west central South Miami in order to protect the wellfields that abut the City near Ludlam Road; specifically, Nelson Homesites subdivision, Tranquility Estates subdivision, Linden Acres subdivision, Sunset circle subdivision, the unplatted area immediately west of Sunset Circle, South Side Estates subdivision and the parcel area immediately south of South Side Estates. Objective 4.2 Preserve natural resources whenever possible. Natural resources shall be defined as specific communities of regional ecological significance. Policy 4.2.1 The Environmental Review and Preservation Board shall review an new development applications to assure realistic protection and enhancement of natural features, particularly water bodies and tree stands. Policy 4.2.2 The City shall assist the Metropolitan Dade County Department ( Environmental Resource Management in the protection an .. preservation - Girl Scout -. rk as a "natural forest • as long as the park is designated by D_ - - Objective 4.3 Assist the County in making land available for sewer facilities a required; can not be measurable in advance of County plans. Policy 4.3.1 Reserve land for pump stations if required by the County's extension c sewer lines, which in turn is a water quality protection program. Objective 4.4 Preserve floodplain areas via floodplain management and limitin development within the Special Flood Hazard Area. Policy 4.4.1 In coordination with the Transit-Oriented D - .. more intense development only in those areas which are locate outside of ,- Flood Policy Building density and intensity may be transferred from Special Flood Hazard Area, in order to permit development within th Transit-Oriented Development District, while reducing the permitte intensities Special Flood Hazard Areas. Policy 4.4.3 Develop a Transit-Oriented Development District and floodplain overta 1 in conjunction with new regulatory mechanisms implement preservation of the floodplain and encourage development within th Transit-Oriented Development District. Note: 1) Objective 9J-5.006(3)(b)5 is not applicable since this is not a coast] community. M Policy 5.2.2 Obtain planning and implementation funding for the South MMA community Redevelopment Area from grants available through th"I Urban Infill and Redevelopment Area grant program, the ComMunit Development Block grant program and other appropriate gra programs. FBI FM 3 homes. Development characteristics shall include but not be limited to height, mass, volume, parking and landscaping. Buildings shall not exceed two stories. In addition, heavy landscaping and screening shall be provided for parking areas, trash storage and other non- residential site characteristics. ER Commercial Retail and Office (Two- Story) The commercial retail and office land use category is intended to provide for retail and retail service 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 Traffi CkculatiG Transportation Element by encouraging the containment of development along existing State and County high- design roadway facilities. Mixed -Use Commercial/Residential (Four - Story) 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 that is characteristic of traditional downtowns. Permitted heights and intensities shall be set forth in the Land Development Code. Regulations 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" policy set forth in the T-Fa#is CkcwlatiGn Transportation Element by encouraging use of MetroRail system. Pursuant to the recommendation by the Department of Community Affairs to include a Floor Area Ratio (F.A.R.) in the Comprehensive Plan (as opposed to the provisions in the Land Development Code) , the City adopts a F.A.R. of 1.6 for this land use category which is the existing F.A.R. in the Land Development Code for the corresponding zoning district. In addition, the City adopts a maximum residential density of 24 dwelling units per acre. In order 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 projects, at a minimum, at least one floor must contain residential or retail. Transit - Oriented Development District [TODD] (Flexible Height up to 8 Stories) The Transit - Oriented Development District is intended to provide for the development of office uses, office services, office - 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 incentive programs for redevelopment including flexible building heights and design standards to insure that responsible, effective and aesthetically pleasing projects result. residential and ,...rc....,tt teaon :s es n,.► b s „. ¢,. .a buW aeserd-my,1- --seffle and d-a-faMed Wang which BY-mar a.i.h. uses that r..s,..,r .,s :t, r,. .,r,,.,�� a wr., ,,.ase,...c.,.,rt r inn•..,.,. ►Icsa ,. �Wan u-ses and ae-eessfi-in"', t. in design ac. Gk Ids .► 11 I s O .,r �' C N .! s ®lnne»�an# L�.al1 s tL. W -so isse GkIid'� i e'aesa��a� DES -..:.J 6. ..:.....I..eJ:.4.,..w..Ib:..f.. 16 Residential / Limited Commercial District (Two St®ry) The Residential /Limited Commercial District (Two Story) future land use map categgory 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 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 sub►ect to the non- conforming regulations set forth in Land Development Code Section 20 -4.8. WJA ELEMENT m improvements that both facilitate traffic flow an Ob jective 1. 1 Undertake only those reduce adverse traffic impact on the neighborhoods, thereby makin neighborhood streets safer. Measurability shall be no major stre widenings. See Objective 1.5 for non-motorized transportation system and 1.3 for convenient and efficient motorized transportation. Policy 1. 1. 1 The C/tv of South Miami� in its entiretv, is located within the Principal Arterials "T" Minor Arterials airy Miller Drive StFf Aft0F4?eGeM"F-24--4qq#- -of-service fhe peak hour level standard shall be 150 percent of D capacity for US-1. 2. The peak hour level-of-service standard for Bird Road shall be 120 percent of E capacity. EN Ja � � �. a ae ,. • a .. ;a?a a, - . : �_ ,.. � ,a, will W. -- ,� .� - a, 1 3 .- .,.- .... ; xr ri- . 94 11= Policy 1.1.2 Continue development process roadway access points flow. MI u. 11M, I 14 ' ! a parking de. Reason for amendment. Recommendation 4. to address EAR leans 1, "TMn r°t tl n".. The Comprehensive Long Range Transportation Study is intended to provide the intonnation necessary to tte evaluate, the it ' abort and long-range transportation needs and It r n tl n Reason for amendment. Recommendation 5. to address EAR Issue l "Transportation . The amendment addresses State requirements ert i in to the Capital Improvements- FlemenL IF impact fees for transportatton_, as a2eMpriate. Reason toramendment: r r end ion T to address EAR Issue I ., "Fiscal Health and rrrment Services". Additional impact tees are potential erns for ensuring the ity' ability to r l infrastructure an services at adopted Levels of Service through the planning period Objective 1.2 Achieve coordination ., See for measurab M Policy io;. that foster LMroved traffic operations and mgMqqment in conformance # Use Plan recommendations # protecting s enhancing bo ghborhoods and downtown. Reason for amendment: ent: r err r T-8. to address r Y "Devedopment ` and men " ". The amendment men a drosses parking concerns raised during the pubfic participation process. a of acilities in the # _ fin aqes Reason for amendment: rr ent rrrrrr r rr r -9. to address EAR Issue . " e rrr rr and Redev r " The amendment '` addresses parking concerns raised during the pUblic participation process. WMAH r,�. .E Reason for amendment. Recommendation T-10. to address EAR Issue/I.A., "Development and r ent" The amendment addresses par in rrcems raised during the public participation process. M W-417GIUde-4"I Policy to determine wheth Reason for amendinent: Recommendation T-15. to address EAR Issue U.B., Transportation". The amendment recognizes the establishment of the shuffle system, and the need for its evaluation on an ongoing basis. M Reason for amendment. Recommendation T-12. to r /sage 1. . "Development and Redevelopment"'- The amendment reflects concerns about transportation impacts on neighborhoods raised during the public involvement process. M OMM109i e- • #sr Policy 1.4.2 Use the site plant and plat process to control curb cuts on public streets. 03 consistency with the Metro -Dade County CDMP. Please note that these roadways serve only residential uses in the City of South Miami and should not be designated by the County for higher capacity and lane expansion within City limits. .. r . RM f and -p- f 1 f f 9 f and f 7 WS ith FDOT- an +E' f '® ..,;If - - A ifgh 1441 i fil 3yltGl n ieni-'4817d T/ r•dGnWneeds RM Reason for amendment: Recommendation T-19. to Tess EAR Issue e t a, Transportation". The amendment removes two interim pot l that are no longer relevant.. _. ♦ �. ..f _ -. !.( .� .,�, .. r +: U1, (f +• ♦/ � If l :111 i! � iIr � Reason for amendment. Recommendation " to address EAR Issue 11B., "Transportation". The amendment addresses State requirements for annual review the h77pacts of the Transportation nn rr nnc t o Area designating. 0 9 s Reason for amendment: Recommendation T-19. to Tess EAR Issue e t a, Transportation". The amendment removes two interim pot l that are no longer relevant.. _. ♦ �. ..f _ -. !.( .� .,�, .. r +: U1, (f +• ♦/ � If l :111 i! � iIr � Reason for amendment. Recommendation " to address EAR Issue 11B., "Transportation". The amendment addresses State requirements for annual review the h77pacts of the Transportation nn rr nnc t o Area designating. 0 I GOALS, OBJECTIVE AND POLICIES HOUSING ELEMENT Adopted 8119197, by Ord.No. 20-97-1641.; Amended 31712000, by Ord.Na. 3-00-1705 Goal 1 To assure the availability of sound and affordable housing for Sp current and future residents of the City of South Miami with Peci sp focus on infui and redevelopment and to include housing units in t �10 rej Hometown District. it is rec9gnized that the choice of location res Reason for amendment: Recommendation H-3. to address EAR Issue II.A., "Development and Redevelopn?ent'� The amendment reflects affordable housing programs being implemented throogh the City"s Community Redevelopment Agency. M, Policy 1.2.1 Enforce the City codes to achieve correction of substandard housing. Policy 1.2.2 Provide referrals to County HUD for use of County COmmunil Development Block Grant (CDBG) funds for housing rehabilita - 0 loans. Policy and 4' C:. wkjhbomootts.-identMedl in the CW- Reason for amendment., C M rr O m6. to address EAR Issue, s{ " e rr err and rrrent". The amendment reflects r a r r? housing programs beIng implemented through the CRY'S Community d en Agency. ; M J-21 Y Plan and zoning maps, Utilize Policy A I of mixed-use districts, to provide for areas which promote ver S income, low-income, and moderate-income households, wh attempting to avoid the concentration of these household in spe ' fl, areas of the City. 0 ......... .. Reason for amendment., Recommendation H-10. to address EAR Issue 1. , "Development and Redevelqpment' � The amendment recognizes that additional buildings may be designated historic. regulations as p Lomuldated -bV Miami-Dade County to produce additional aggr4gt!���CHWLde. housiact geals articipate as apRLo_priqte in the de 9_2 , and p imp nin C ouncil gementation of the South Florida Regional Plan tonal Affordable ffQ • `• Reason for amendments (new Objective 1.5 and policics thereunder): Recommendation H-1 1. to address EAR Issue M.A., "Development and Redevelopment"'. The amendment outlines specific strategies that the City may implement to further the achievement of affordable housing goals. RM Kci INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES Adopted 8119197, by Ord.No. 20-97-1641 Goal 1 To provide and maintain the public infrastructure in a manner that will insure public health, safety and quality of life. Objective 1.1 The City's Public Works Department shall technically assist the County in providing adequate sewage disposal in conformance with regional environmental policies; and, the City will urge the County to extend sewers into the Brewer Canal Corridor by 20 10. Reason for amendinent: Recommendation 1-1� to address EAR Issue H.D., "Fiscal Health and Government Services' . o endment updates the date. Policy 1. 1.1 The City shall cooperate with the County on programs to extend the sanitary sewer system to those houses still served by septic tanks and with lot sizes of less than one acre particularly in the Brewer Canal area north of Sunset Drive. Policy 1. 1.2 Continue the City policy of requiring major new development to tie into sanitary sewers, if feasible. Policy 1. 1.3 Cooperate with the County on any program to reduce groundwater infiltration into the existing sewer lines. Policy 1. 1.4 Sanitary sewer level-of-service for sewere d areas shall be as follows: the project flow plus the maximum day flow (the average of the five highest daily flows) of the preceding calendar year shall not exceed 98 percent of the county treatment system's rated capacity. Otherwise, septic tanks shall be the level-of-service. Objective 1.2 Maintain solid waste collection services to residents and businesses within the City at the current level -o f-service. See policy for measurability. Policy 1. .1 Pursuant to the City's interlocal agreement with Metropolitan Dade county for use of the county Solid Waste Management System, the County shall insure that the System, which includes County-owned solid waste disposal facilities and those operated under contract with the County for disposal, for a minimum of five years, collectively maintain an amount of solid waste disposal capacity sufficient to accommodate waste flows committed to the System through long-term interlocal agreements or contracts with municipalities and private waste haulers, and anticipated non-committed waste flows. Policy 1.2.2 Monitor the demand at the County Transfer Facility to assure adequate capacity for the City, EM m Policy 1.5.1 The County shall provide a level-of-service such that the project flow Y lus the maximum day flow (the average of the five highest daily flows) of the preceding calendar year shall not exceed 98 percent of the County treatment system's rated capacity. 4,b . jective 1.6 Assist the County in implementing its proposed water conservatiort rM M.- I I MY.FMOMWIM, Man -# RM CHAPTER 5 m Goal 1 To preserve and enhance the significant natural features in South Miami. Objective 1.1 In order to help achieve compliance with State Departmental Environmental Regulations on air quality, include appropriate landscaping provisions in a revised development code, and include public landscaping and bikeway improvements in the general fund. Policy 1.1.1 Continue to both require landscaping as a part of new private development and landscape public areas in order to minimize air pollution. Policy 1. 1.2 The Transportation Element emphasizes use of expressways by commuters in order to minimize traffic idling on streets within South Miami, work with the Metropolitan Planning Organization [ P01 in this regard. Policy 1. 1.3 Continue to encourage the use of Metrorail, bicycles and other alternatives to the automobile through capital improvements. Objective 1.2 Utilize drainage Best Management Practices to minimize water pollution particularly in the Snapper Creek Canal and Orr wellfield cone of influence; supplement with improvement projects. Policy 1.21 The City's review of development applications (and any City drainage projects) shall use retention and, subsurface drains, that are acceptable to the South Florida Water Management District and the Dade County DERM. M with Miami-Dade CountV to assist in fforts to _ x t -,. Water Efficienc Plaiiii�:,i 11 � �,� '' �� 1,111 '155 allaiiiiii ii per Iii :iii ita erday. Reason for amendment.- t. co err at a Z to address requirements of Chapter 163, Florida Statutes, and reflect the ' t ' :support of Coul7t3t conservation efforts. and ., the verli limited amount of .` bodies, vegetation and wildlife. RIM CHAPTER 6 Mo �..�f•-`f i ". i:. r. a, a ,_ /; y N"Lr' M.' . .r .' ' .+i i „{ Y! 4tiv �v t � ,• .Y .' . 9` ... Reason for amendment. Recorrrr err rrrr PRA to address EAR Issue H. C., "Parks and Recreation"'. community recreation facifides have been provided rr Murray Park and at the YMCA site, therefore implementing and fulfilling the intent of this Policy. gurr gurr -r M I W0. Reason for amendment. Recommendation PR-4. to Issue 11-C., "Parks an Recreation ". The referenced Plan will assist the City in its efforts to wrest the recreation needs of existing and utur residents. gRace land and services. Reason for amendment: tr ndati n PR-5. to Issas 11.E , "Parks and Recreation"'. act fees will enhance the City's ability to t the demand for recreation an nt acs generated by new development and redevelopment that will increase the residential population. EN conjunction Policy 1.2.3 Participate in planning for greenways and trails, in State, County and other local government jurisdictions. 1 °. .. - - e_ canal-front r centers �including Reason for amendment: n tt rr to address EAR Issue . t.. m, "Parks r Recreation". amendment r numerical references in n recognition fact that t number of parks is subject to 1.3.2 The City shall assist the s,, a,, Department Policy Environmental .- ment in the pro preservation of the Girl Scout Park as a "natural forest community, as long as the park is designated by DERM as a "natural to community. "' 1 INTERGOVERNMENTAL ELEMENT �•�I'; • GOALS, OBJECTIVES AND POLICIES Adopted I f / by • • • 2-00-1704 1 Goal To maintain or establish processes to assure coordination and communication with other governmental entities for the purpose of addressing and resolving issues of mutual interest that arise from the local government's Comprehensive Plan and plans of others. Objective 1.1 The City shall annually review the comprehensive plans of other which impact the city of South Miami, in order to identify jurisdictions and resolve conflicts with the City's Comprehensive Plan, including concurrency related issues. Policy 1.1.1 The City shall annually review the comprehensive plans of Miami -Dade County, the City of Coral Gables, the Village of Pinecrest and other abutting jurisdictions. Policy 1. 1.2 The City will annually review the plans and reports of special district service providers, including but not limited to: Miami -Dade Water and Sewer Department; the South Florida Water Management District; and the South Florida Regional Planning Council. Policy 1. 1.3 The City will coordinate with the above listed service providers that have no regulatory authority over the use of land to develop recommendations that improve coordination of the City's concurrency management methodologies, systems, and levels-of-service. Policy 1. 1.4 The City will coordinate with staff of the independent special district authorities in order to resolve conflicts and to identify appropriate amendments to the City's Comprehensive Plan. Objective 1.2 The City will identify and implement procedures to allow for joint planning areas and the resolution of issues generated in joint planning areas. Policy 1.2.1 The City shall confer with Miami -Dade County and other jurisdictions, as appropriate, to establish a coordinated approach to the consideration of future annexation efforts and to the delivery of municipal services to enclaves (unincorporated areas). Policy 1.2.2 The City will review the appropriateness of submitted annexation to determine the levels of service to be provided, requests specifically the cost of annexation to taxpayers, revenue estimates, expenditures, consistency and compatibility of development patterns, and the contiguity of proposed boundaries. Policy 1.2.3 The City shall coordinate with officials from Miami -Dade County, the City of Coral Gables, and the Village of Pinecrest; the Florida M Department of Transportation; the South Florida Water Management District; and the South Florida Regional Planning Council in order to establish a planning process to identify, review, and address issues of mutual interest relating to abutting boundaries and to enter into agreements with these jurisdictions in regards to appearance, compatibility, service delivery and mutual aid. Policy 1.2.4 The City may use the South Florida Regional Planning Council's dispute resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies as it pertains to land uses and the goals, objectives, and policies of the Comprehensive Plan. Policy 1.2.5 The City will participate as a member of the Miami -Dade Planners Technical Committee and will encourage implementation of co- operative policies and procedures as may be developed by the Committee. Objective 1.3 The City will identify and establish joint processes with other local agencies for collaborative planning on population projections, school siting, facilities subject to concurrency, facilities with countywide significance, and problematic land uses. Policy 1.3.1 The City will coordinate with the Miami -Dade County Planning Department in order to develop countywide population projections that include expected growth and /or changes; said changes to be shown in the South Miami Comprehensive Plan. Policy 1.3.2 The City will advise the Miami -Dade Public School System of population projections used in its Comprehensive Plan as it relates to the future needs for school improvements and school expansions in South Miami. Policy 1.3.3 The City will annually review the Miami -Dade Public Schools' S, 10, and 15 -year facility plans for siting of new schools and the expansion of existing schools within the City's jurisdiction for consistency with the City's Comprehensive Plan. This review will be done at the staff level and by attendance at public hearings conducted by the Miami -Dade Public School System for specific site plans. Policy 1.3.4 The City will notify the School Board of any proposed land use amendments to the Comprehensive Plan which could impact the Board's long -range facility plans. Policy 1.3.5 ' 9 The City shall continue to coordinate with Miami -Dade County Public Schools in accordance with the 2003 Interlocal Agreement for Public School Facility Planning in Miami -Dade County, as it may be periodically u dated Reason for amendinent. Recommendation IC-1. t r Issue It D., "Fiscal and Government t A r! "$ The amendment recognizes the 2003 Interfocal Agreement. . L w x r # r, x w i • r a r • s' . • r: -i. � i • f' • r r, r ,-. . �. .. .:�,, ,.., . .. ! .a y ' , as ' • _ r ,x � f �`+, to r' � C. ;A` � .. ,. � � "" � ;/ •, ` � i R R3 7 �sR f 'r �t • - _ L Der caelta per day, Reason for amendment: Recommendation IC-2. to address requirements of Chapter 163, Florida Statutes, and reflect the City's support of County conservation efforts. !fit#CV-14— Rhildren- m r mm = MM m U17LQ ir, q a22L22CJ:ate in order to jMprove the yality of life and in the gtygrlL. .... .. . ..... the health of the • op . ...... ... . . ....... . mgad�Lement. Em i i Reason for amendment: Recommendation IC-3. to reflect the goals, objectives and policies the tt alters! Plan. M Mf 0 =MIN M IMUSIMiffil Plan. 3. Ability to finance: A third criteria is the budgetary impact; will it exceed budget projections? 4. New development., Redevelopment and tax base enhancement projects are next in priority. 5. State projects: City Projects in Support thereof 6. Quality of life projects- Lowest priority would be those projects not in Categories 1-5 above, but would enhance the quality of life. Reason for amendment. Recommendation CI-1 to address EAR Issue 11,D, "Fiscal Health and GovernMG17t Services". 'rho amendment reinforces the relationship and linkage between the Comprehensive Plan and capital Improvements program. .v 1.1.5 Tke City shall annually mz� gy-walgLUXIM -1 i MW I M 11M M-PIR&I � I I I Reason for amendment: Recommendation CI-5. to address EAR Issue 11.D., "Fiscal Health and Govemment Se ices ". The amendment addresses 2005 changes to growth management requirements pertaining to the annual update of the capital improvements schedule and financial feasibility. 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