19CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER ri
2001
INTER-OFFICE MEMORANDUM
To® The Honorable Mayor Stoddard and Me ornmission
Via: Roger M. Carlton, Acting City Manager 7
Subject:
An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida, adopting
14,'valuation and Appraisal Report (EAR) Based Text Amendments to the South Miami Comprehensive PlaK9
the amendments are to the goals, objectives, and policies for the following Comprehensive Plan Element
Uuture Land Use; Transportation; Housing; Infrastructure; Conservation; Recreation and Open _ I
intergovernmental Coordination; and Capital Improvements; providing for severability, ordinances im
conflict, and providing an effective date. I
At the request of Commissioner Beasley a modified ordinance to adopt the revised Evaluation and
Appraisal Report (EAR) Based Text Amendment Document is now scheduled for first reading on March
2, 2010. The ordinance is different from the ordinance considered in January in that the new Future Land
Use Map category entitled "Residential/Limited Commercial District (Two Story)" has been modified to
reduce the residential townhouse density to five (5) units per acre versus six (6) units per acre.
BACKGROUND
The final adoption of Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments has
been pending since August 23, 2007 when the document was approved and sent to DCA. The document
adopted in 2007 was approved by the Florida Department of Community Affairs (DCA) in January 2008.
The last attempt to adopt the EAR Based Text Amendments occurred at the City Commission meeting on
August 4, 2009 at which time a vote was taken on the entire EAR Based Text Amendments Document
2
(the new Future Land Use Category "Neighborhood Center /Mixed Use District" had been removed). The vote
was 3 ayes and 2 nays, however, a 4/5 vote was required, thus the ordinance failed. The minutes (excerpt)
of that Commission meeting are attached. (Exhibit "A ")
AMENDMENTS TO THE EAR BASED TEXT AMENDMENT DOCUMENT (approved on August
23 2007
Revision No. 1
"the City has not included a full Five -Year Schedule of Capital Improvements "
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
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.
3
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
(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 ")
11
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 Excerpt 1- 14- 10,EexhibitA
City Commission Minutes 8 -4 -09 pp 3 -5 Exhibit `A -1 "
Ord. No. 13 -09 -2005 Exhibit "B"
Ord No. 24 -09 -2016 Exhibit "C"
Planning Board Minutes Excerpt 3 -I1 -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\2010\3- 2- 10\EAR Amend CM Report.doe
1 Ordinance No.
2
3 An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida,
4 adopting the Evaluation and Appraisal Report (EAR) Based Text Amendments to the South
5 Miami Comprehensive Plan; the amendments are to the goals, objectives, and policies for the
6 following Comprehensive Plan Elements: Future Land Use; Transportation; Housing;
7 Infrastructure; Conservation; Recreation and Open Space; Intergovernmental Coordination;
8 and Capital Improvements; providing for severability, ordinances in conflict, and providing an
9 effective date.
10
11 WHEREAS, the Florida Legislature intends that local planning be a continuous and
12 ongoing process; and
13
14 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
15 periodically assess the success or failure of the adopted plan to adequately address changing
16 conditions and state policies.and rules; and
17
18 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt
19 needed amendments to ensure that the plan provides appropriate policy guidance for growth
20 and development; and
21
22 WHEREAS, the City completed its proposed Evaluation and Appraisal Report-
23 Based Textural Amendments consistent with the requirements of Chapter 163, Part II, F.S.,
24 and Rule 9J -5 and 9J -11, F.A.C.; and
25
26 WHEREAS, the City Commission at a special meeting on August 23, 2007
27 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments to
28 the Comprehensive Plan, and adopted on first reading an ordinance approving the Report and
29 authorized its transmittal to the Florida Department of Community Affairs for review and
30 comment; and
31
32 WHEREAS, the Florida Department of Community Affairs in a communication
33 dated January 18, 2008 transmitted an Objections, Recommendations, and Comments (ORC)
34 Report which report found that the EAR Comprehensive Plan amendments to be consistent
35 with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes; and
36
37 WHEREAS, the Objections, Recommendations, and Comments (ORC) Report set
38 forth one objection which required a minor adjustment to Policy No.1.1.6 of Chapter 8,
39 Capital Improvement Element; and
40
41 WHEREAS, the Local Planning Agency (Planning Board) at its March 11, 2008
42 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending
43 that the Evaluation and Appraisal Report Based Text Amendment report be approved; and
44
45 WHEREAS, the City Commission at its July 28, 2009 meeting adopted Ordinance
46 No. 13 -09 -2005, modifying on pp.16 and 17 of the Comprehensive Plan Evaluation and
47 Appraisal Report Based Text Amendments Document dated August 23, 2007 by removing
2
1 the wording of the proposed Future Land Use Map category entitled "Neighborhood
2 Center/Mixed Use District (Four Story)"; and
3
4 WHEREAS, the City Commission at its October 20, 2009 meeting adopted
5 Ordinance No. 24 -09 -2016 modifying pp. 16 and 17 the Comprehensive Plan Evaluation and
6 Appraisal Report Based Text Amendments Document dated August 23, 2007 by
7 incorporating a new Future Land Use Map category entitled "Residential/Limited
8 Commercial District (Two Story) ".
9
10
11 NOW THEREFORE, BE IT ORDAINED -BY THE CITY COMMISSION OF
12 THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
13
14 Section 1. The City Commission hereby approves the City of South Miami
15 Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments
16 Document dated August 23, 2007 with the following modifications:
17
18 LA„) In accordance with the Department of Community Affairs ORC Report dated January 18,
19 2008, Policy No. 1.l .6 of Chapter 8, Capital Improvement Element on p. 52 is revised to read
20 as follows:
21 "The City of South Miami 2006==2044 2008/09 — 2012/13 Capital
22 Improvements Plan, and the Capital Improvements Schedule included
23 therein, contains a schedule of projects that the City shall implement in
24 order to maintain its adopted Level of Service standards or otherwise
25 achieve the goals, objectives and policies and /or ensure the financial
26 feasibility of the Comprehensive Plan. The 242008/09 — 2012/13
27 Capital Improvements Plan is hereby adopted by reference as part of the
28 Capital Improvements Element. ";
29
30 (B) Removal of the wording of the proposed Future Land Use Map Category entitled
31 "Neighborhood Center /Mixed Use District (Four Story)" on pp.16 and 17 of the
32 Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document
33 dated August 23, 2007;.
34
35 (C,) Add a new Future Land Use Map Category entitled "Residential /Limited Commercial
36 District (Two Story) on p. 17A of the Comprehensive Plan Evaluation and Appraisal Report
37 Based Text Amendments Document dated August 23, 2007, to read as follows:
38
39 "Residential / Limited Commercial District (Two Story)
40
41 The Residential/Limited Commercial District (Two Story) future land use
42 map category is intended to allow for low - density residential development
43 and limited commercial development in a transition area abutting single
44 family homes. The maximum height of all new construction shall be two
45 stories. Residential development shall be limited to townhouse
46 development at a maximum of 2PLkE!�j five (5) units per acre. Commercial
3
1 development shall be limited to a maximum floor- area -ratio of 0.80 and
2 shall include only those retail and personal service (office) needs for the
3 local neighborhood residential areas. The specific type of retail and office
4 uses shall be set forth in the appropriate zoning use district in the Land
5 Development Code The Land Development Code shall provide for a
6 _mandatory no- construction buffer / landscape area and a required wall
7 or fence at the rear of all properties facing or abutting single family
8 residential.
9
10 M_ ixed use development is encouraged. Existing buildings and uses which
11 are not consistent with the standards for this land use category or with
12 standards for the zoning use district applied to this area may continue to
13 exist and function but shall be subject to the non - conforming regulations
14 set forth in Land Development Code Section 20 -4.8."
15
16
17
18 Section 2. The amendments set forth in the Evaluation and Appraisal Report (EAR)
19 Based Text Amendments approved by the City on August 23, 2007 and as modified by
20 Ordinance No.13 -09 -2005 adopted on July 28, 2009 and Ordinance No.24 -09 -2016
21 adopted on October 20, 2009 are hereby incorporated into the City of South Miami
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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 , 2010
ATTEST:
42 CITY CLERK
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APPROVED:
MAYOR
1St Reading:
2nd Reading
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READ AND APPROVED AS TO FORM:
COMMISSION VOTE:
4
AND SUFFICIENCY:
5
Mayor Stoddard:
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Vice Mayor Newman:
7
Commissioner: Palmer:
8
CITYATTORNEY
Commissioner: Beasley:
9
Commissioner Harris:
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Attachment "A" Evaluation and Appraisal Report (EAR) Based Text Amendments
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X: \Comm Items\2010 \3- 2- 10\EAR Amend Rev 3 -2 -10 Ord.doe
EXHIBIT "A" p�@W° 0
City of South Miami
Regular City Commission Minutes
January 14, 2010
The City Commission of the City of South Miami, Florida met
in regular session on Thursday, January 14, 2010, beginning at
7:24 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 Laurence Feingold and
Assistant City Attorney Mark A. Goldstein, City Clerk Maria M.
Menendez and Acting City Manager Roger Carlton.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Green Corridors - Mayor Paul Vrooman, Town of Cutler Ba
Mayor Vrooman addressed the Commission about a solar
program. He was accompanied by Mayor Flinn from the Village of
Palmetto Bay and Vice Mayor Joe Corradino from the Village of
Pinecrest. Mayor Vrooman referred to the successful solar
programs in California, particularly the City of Berkley that has
developed a solar initiative that has spread into other cities.
He explained that they have developed a way to get around one of
the barriers which is the actual cost of installing a solar ray
on a typical home. He then spoke about a voluntary special taxing
district that Berkley has laid down over the entire city. Mayor
Vrooman continued expanding on this concept developed in
California.
Mayor Feliu asked the visiting Mayors to attend one of the
League's monthly meetings so that they could spread the word.
CITY COMMISSION MINUTES 1
January 14, 2010
@WA
With no further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
At this time the Mayor announced a five - minute break.
Moved by Vice Mayor Beasley, seconded by Commissioner
Newman, the motion to take item no. 32 out of order passed by a
5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
30. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A REVISED
EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE
AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES
FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE;
INTERGOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
(Vice Mayor Beasley)
Moved by Vice Mayor Beasley, seconded by Commissioner Newman
to approve this item.
Mr. Youkilis presented this item with an overview of the EAR
process. He then said that the Administration strongly encourages
the Commission to approve the EAR document as presented so that
we may get the EAR behind us and begin making map changes and
other technical changes that are required by State law. At this
time we are unable to amend our Comprehensive Plan and we are not
in compliance; in addition, he explained that the 2010 -12 EAR
CITY COMMISSION MINUTES 18
January 14, 2010
e o0 0 °o
process is supposed to begin this year but that will not be
possible until the present one is finally adopted.
At this time the public hearing was opened.
Levy Kelly addressed the Commission saying that this
document was approved in 2006 and now is being changed against
the will of the people. He said that the people have spoken loud
and clear and that there was no need to remove the Madison Square
project from the EAR.
Dr. Zakharia addressed the Commission in opposition of this
ordinance on behalf of the owners of 62nd Avenue. He said that
this ordinance should require a five -fifth vote because the
document as presented makes it more liberal. He said that the
document is not clear and that the public have not had a chance
to review it because it has not been distributed to them. He said
that the reliance of the owners of 62nd Avenue was based on the
1997 comprehensive land use plan; the zoning has to follow the
comprehensive land use plan and this has not been done since
1997; we have paid taxes close to a million dollars for the past
15 years in reliance of the comprehensive land use plan. He said
that the passage of this ordinance will result in the City being
engaged in compensation to the owners in millions of dollars
should the owners win in court.
Sharon McCain addressed the Commission against increase in
density and regarding the existing traffic congestions in the
City. She said that the residents do not want the City to be
taken by developers and have further increase in density.
Don O'Donniley addressed the Commission representing Dr.
Zakharia. He distributed copy of summary of objections to the
Commission, saying that he is raising those objections again.
At this time Mr. Goldstein advised Mr. O'Donniley that the
summary of objections he distributed among the Commission will be
entered into the record as an Exhibit.
Mr. O'Donniley, among other things, also commented on a
motion from the minutes of January 5, 2006 relating to the
creation of a new zoning district.
At this time a motion was made to extend the meeting
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to extend the meeting beyond 11:00 P.M. passed by a 5 -0
vote:
CITY COMMISSION MINUTES 19
January 14, 2010
goo o °o
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Mr. O'Donniley concluded his presentation by saying that the
City should be implementing a plan that was heard in public,
approved by the majority of the Commission and that has been in
place for 9 years. He then requested not to send this EAR forward
with these amendments, referring to the only two objections by
DCA.
With no further speakers the public hearing was closed.
Mayor Feliu referred to the Burt Harris Act, then asking Mr.
Feingold for clarification about issues with down zoning Dr.
Zakharia's property.
Mr. Feingold said that each of the property owners would
have to be considered on a case -by -case basis. The Burt Harris
Act exists and it speaks for itself.
Commissioner Newman asked whether there is a difference
between a zoning change and the change on a Future Land Use Map.
Mr. Youkilis said that the Future Land Use Map is above
zoning.
At this juncture Mr. Goldstein cautioned regarding further
comments because of pending litigation.
Mayor Feliu said that he read the report of the CRA
consultant and that the analysis indicates a density that is more
in tune with reality which would include affordable housing.
Removing Madison Square is to disfranchise the folks that came in
time and time again to discuss what they want to see in their
neighborhood. He said that he believes that the property owners
were willing to sit down and compromise by having three floors in
the front and two in the back where it abuts the residential
area. He said that he will not support this ordinance on second
reading because he wants to do some homework and get the facts.
Vice Mayor Beasley said that as far as the Madison Square
project, the study that was done said that it should be 26.5, it
does not say 60 units per acre; the land use is still four
CITY COMMISSION MINUTES 20
January 14, 2010
5000 °0
stories. He asked as to why we are holding our City hostage, with
the potential for sanctions and suits.
Commissioner Palmer said that she does not see what they are
trying to achieve by removing Madison Square; she said that her
position remains the same; she said that she always thought that
60 units were too much and urged the Commission to compromise and
get it midway. She said that she is willing to work with any
member of this Commission regarding the density and to put
Madison. Square back in the document. She said that they have to
think about the people and think about the land owner and that
the right to do is to compromise on both projects and get it over
with. She said that she will not approve a document that excludes
Madison Square.
Commissioner Newman said that she has been involved in this
for ten years, and for ten years the people have spoken; the
residents of this community have made their wishes loud and clear
and that she would not sell out this community for a campaign
contribution and that her vote stays where it is.
Commissioner Sellars said that he needed some clarification
and asked as to whether they violated Florida law by the action
that they took in October. About 62nd Avenue, he asked as to
whether what they did by making it two -story mix -use commercial
development, if they created spot zoning. Staff answered no on
both questions by Commissioner Sellars.
Vice Mayor Beasley asked Mr. Feingold as to how many cases
were won on the Burt Harris Act. Mr. Feingold said that there has
been no actual money judgment against a city in the State of
Florida in 14 years. Vice Mayor Beasley said that he really wants
to build Madison Square and that he is tired of having that
project used as a tool for whatever agenda that other people may
have. In order to build Madison Square we must change the zoning
which is now two stories, and it needs to be changed to 3 -4
stories; and in order to change the zoning we need to pass the
EAR. In other words, he said, in order to build Madison Square we
need to change the zoning.
With some further comments, the motion to approve this item
failed by a 3 -2 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Nay
CITY COMMISSION MINUTES 2 1
January 14, 2010
City of South Miami
Regular City Commission Minutes
August 4, 2009 •
L , P. :-
O O moo
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.
ITEM (S) FOR THE COMMISSIOWS CONSIDERATION:
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: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
CITY COMMISSION MINUTES 1
August 4, 2009
° VPT@W@
°
Commissioner Sellars: Yea
Mayor Fe,liu: 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)
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.
RESOLUTION (S)
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
rppzd
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
{
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 Qrder
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 Newman: 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, "ADMINISTRATION AND
CITY GOVERNMENT,"
SECTION
2 -4.4, ENTITLED "RESERVED,"
PROVIDING FOR AN
ANNUAL
PERFORMANCE
EVALUATION;
PROVIDING FOR
CITY COMMISSION MINUTES 5
August 4, 2009
Map
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 J 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 II,
F.S., and Rule 9J -5 and 9J -11, F.A.C.; and
WHEREAS, the City Commission at a special meeting on August 23, 2007
reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
to the Comprehensive Plan, and adopted on first reading an ordinance approving the
Report and authorized its transmittal to the Florida Department of Community Affairs for
review and comment; and
WHEREAS, the Florida Department of Community Affairs in a communication
dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
(ORC) Report which report found that the EAR Comprehensive Plan amendments to be
consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part 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
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 Land. Use Map category entitled
Neighborhood CenterlMixed Use District (Four Story) on pp.1 b and 17 of the
Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments
Document dated August 23, 2007. (see Exhibit A 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 this28 day of July , 2009
Ord. No. 13 -09 -2005
ATTEST:
owl
F%q&m
READ AND APPROVED AS. TO FO
CITY
APPROVED:
MAYOR
1St Reading: 7/21/4)-
2nd Reading 7/28/09
COMMISSION VOTE: 3 -1
Mayor Feiiu:
absent
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Nay
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
EXHIBIT "A"
Proposed Amendment
EAR Based Text Amendments
Chapter 1 Future Land Use Element
(pp.16 -17)
FUTURE LAND USE CATEGORY
(as adopted on first reading 8- 23 -07; submitted to DCA)
X: PBTB Agendas StaffReports\2009 Agendas Staff Repom\7- 14- 091Exhibit A EAR Remove FLUM.doc
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X: PBTB Agendas StaffReports\2009 Agendas Staff Repom\7- 14- 091Exhibit A EAR Remove FLUM.doc
ORDINANCE NO. 24-09-2016
AIIN 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 SST 62nd AVENUE CORRIDOR
WHICH AMENDMENT WOULD BE BASED UPON THE
RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR
REPORT, AND WOULD BE APPLICABLE PNLY TO THE SW 62nd 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,
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 Con~imunity 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 recon unendation 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 Stol -0
The ResideniiaULimzted Commercial District (Two Stow) future land use map catezory
is intended to allow for low - density residential development and limited commercial
development in a &ansition area abutting sin;,le family homes. The maximum height of
all new construction shall be two stories. ,Residential development shall he limited to
townhouse development at a maximum of 6 units per acre. Commercial development
shall he limited to a maximum floor -area -ratio of 0.80 and shall include only those
retail and personal service (office) needs for the local nezghhorh6od residential areas.
The specific type of retail and of uses shall he set forth in the appropriate zoning
use district in the Land Development Code. The Land Development Cade shall provide
Page 2 of 3
Oi,d. No. 24 -09 -2016
for a mandatary no- construction buffer / landscape area and a required wall or fence
at the rear of all properties facing or abutfing single family residential.
lWyed use development is encouraged. E_ristina buildings and uses which are not
consistent with the standards for this land use catnoviy 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
24 -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 CLERIC. MAYOR
1St Reading: 10/06/09
2nd Reading: 10/20/09
READ APPROVED TO FORMi :
CITY ATTORNEY
XAComm Items12009M- 6- 091EAR 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
O
Y Sour
IT "D"
U "Y
° INCORPOR ATE D •
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L0Rx4
A
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.
II. 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 -
AppIicant: 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
EXHIBIT
r ;
INCORPORATEII
1917 A
�L O RY4
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 FIag
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).
M. 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: W. 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 II was submitted by Commissioner Beckman which suggests adjustments in
density and height of buildings near single- family. Alternative III, 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.I 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 malting 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 fixture 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.l 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 112- 1- 09\PB- Min- 04 -21 -08 Excerpt.doc
EXHIBIT "T'"
FLORIDA D
4,PPRAISAL REPORTS
Section 163.3191
I ..,
10) The governing body shall amend its comprehensive plan based on the recommendations in the
report and s iall 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 shall 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 shalt commence when the update amendments to the comprehensive plan are past
due. The comprehensive plan as amended shall 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 shalt 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 shall submit a recommended order to
the Administration Commission. The affected local government shall 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 governmental 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 shall 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
tease 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 I 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: tvaaelinp -(E )ci ofsouthmiami. net
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611 1 SUNDAY, FEBRUARY 21,2010_ 81 _ BROWARD. PLUS KamiHeraldcom /Broward I THE MIAMI HERALD
THEATERREVIEW
`Bat Boy: The Musical'
a gleefully silly spoof
BY CHRISTINE DOZEN
cdok>$MUm3lerailcan
A new company called
Slow Bum has arrived in
South Florida with the
intention of heating up the
region's musical theater
scene.
Founders Patrick Fla -
water and Matthew
Korinko have decided to
go their company's name
one better and begin with a
conflagration — Bat Boy:
TheMusica( — rather than
anything more subtle, their
stated purpose being to
prow de provocative,
incendiary d intelligent
works oCmasica] theater."
Their new musical, Ste-
phea Sondheim's A-
" ssnsis far more likely to flit
that description. Bat Boy,
which was inspired by a
Weekly World News story
bout a b216human. half-
bat found living in a cave
(or so the wildly creative
tabloid said), isn'�provora-
tive, incendiary intelli-
gent. It's a stylized, glee-
fully silly musical theater
spoof about a pointy -eared
[tees who progresses from
rmaking ild child to
articulate (if mis der -
stood) young man with
lightning speed.
Bat Boy has flown into
these parts before, getting
its fast South Florida pro-
duction in 2003 at the old
Shores Performing Arts
Theatre (now the Play.
Ground Theatre) in Miami
Shores. E.L. Losada, who
shaved his head, donned
the STU ears and fangs,
and sang the heck out of
the tide role, won the Car-
bonel ml Award as best actor
in . musical So even in a
tongue-in-cheek (or fangs -
in -neck) musical, there's
ample opportunity to
W.C.
Slow Bum's Bat Boy is
ADW WVanaAiaE
HITS, MISSES:'Bat Boy' is the first production from
the Slow Burn Theatre Company in Boca Raton.
If you. go
■Whzt'effi BoY.The
-: Molical.by xeytt* Far
Aer. Brun Fknmug and
`tawence OXede,
s Vfiete: Slaw Bum fir -.
acre Cdn ypodut-
tion at West Boca Per -
fann,rgArilTheatre,
_ )2811 f'7, blades Rd; Boca
Raton through Mardi 7
■Wherc7Maw Thu
-day, 8➢m Fnday-Satur
:day, 2 ➢m Swad1Y
■ Cost f25 (f20 seniors,
S" students)
- 100:954- 323- 7B34or
wrnvslawbwntlre'.
auetom
bowing in the vast audito-
rium on the campus of
West Boca Raton Commu-
nity High School, the same
space that the now- defunct
New Vista Theatre used
for its final few shows. No
curse there — it's a per-
fectly fine space for main-
March 5th - April 9th r Spur to 6pm
Ae..s 6.
Sso.00 rr•.ma.,,t IMdvdr. on 6: ier.l
TO REGISTER GALL 305.254.031 O
luau . Mike F«d PGA
South DOde Family YMCA
9355 SW 134 SHnef • Miar i, FL 33176
0
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
Una is HD1 ®Y Qi fin 0e cal Lakin d - Or of Soup
Meal, ft&WB Cm 6: Kxk Hni+2setir ng+br Dqf eccm
—iv U.&Ax! for Ta"'Y. Maid 2.-a ieGmlw9 M 7:30 P..m
n ■e aY ca-ewn o,« M, 6190 S~ Gin, b as s tle
btaxip Hea$c}
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(FART ie56iTeaAmeMmP,es re gsft, W-saif�vef «ire
Martitw^sm,c,ew .br ePods. oGtsm rl rd use.
Tray YU `, H..grdens lrod EiGTMt 1 i -enC,i
..10, Cx,HO:a4,a N5tsNttae, Cnsatim e' 4�a
a'N OPaa Space: haryuenmaaY f &aPxC M t'zpiitl
eraaremeaq pvauq fa sereanvh. aevunoe: n oxaskt
amWU+1 9 en entake ak.
Auh, «rsim fWes ae ta,�ea m merdaaa wa m head
h Aabe' irwu afon, posse aeAx -Oty Q«a3 Otfice at
3os- 66t�xo.
Mae a ioeeM t, we
CRY O«I,
w p.sn cos prh �aatvrr.n rueeweer
e�rrrvrn,:.v�ra.rra.�ar.. �s�r,e�',
stream musicals that
attract large audiences —
but neither Bat Boy nor
Ass assins is the kind of
show that draws a huge
Crowd in South Florida.
Tbis Bat Boy has a num-
ber ofpluses and at least az
many minuses.
Its major roles — Bat
Boy (Rick Pena), veterinar-
ian Thomas Parker (Slow
Burn founder Korinko),
the doe's wife Meredith
(Stephanie Simon) and
their daughter Shelley
(Anne Chamberlain) — are
Played by talented actor -
singers who can really belt
it out. Ian T. Al neida's set,
Traci Almeida's sound
design and Lance Blank's
lighting serve the show
well, though the sound
level on opening night was
way, way too high. It's a
musical, not an eardrum -
bursting Concert, folks.
The supporting players
are less assured, particu-
larly when executing
director - choreographer
Fitxsvaler's dance moves,
and some (especially Lis -
see Ellington as Mayor
Maggie, Eric Jaffe as Sher-
iff Reynolds and Sean Mul-
doon as Rev. Billy High-
tower) give the sort of
performance you ll find in
a not -so -hot community
theater. Technical glitches
abounded on opening
night blackouts that lasted
too long a nonfunctioning
microphone for Pena at
first, actors not always in
sync with the recorded
music ack.
It's a beginning, one that
everyone from theyouth-
ful to seasoned audience
embers at that first per-
formance seemed to enjoy.
But if Slow Bum is to set
the South Florida theater
world on fire, its founders
will have to raise their
game in a right-Sind space
with better funding, more
qualitatively uniform cast-
ing and greater attention to
the little details that add up
to a strong production.
Christine Do(en is The
Miami Herald's theater
c itie
V/ 7JY.�JO.yJ�
iheffiamffleralb
THEATERREVIEW
Award- whniing `Melt'
of, about, for Mimni
BYCHRISIIHEDOLEH
cdoknntl . N— Id.car,
When a play wins the
Carbonell Award as best
new work — which
Michael McK"`Ces Melt
did in 2008 — that's usu-
ally the jb -well -done
capstone of? s presence in
South Florida. The script
gare to a life in the
larger theater world, or
not, but it seldom resur-
faces in the region that
first brought it acclaim
Melt, however, proves
a welcome exception..
M.Keever's play,
which premiered at Coral
Gables' New Theatre in
2007, is a piece that is of,
about and for multicul-
tural Miami. It gently
mines both tensions
and connections within
this distinctive city, art-
fully serving as a history
lesson and an example of
the healing power of
empathy.
Several members of
Leadership Miami felt so
strongly about the play's
power to spur di ion
that they invited n sc arly
900 high school students
to see it in a one- timeonly
performance last year.
Now, thanks to their
efforts and their passion
for the play, it has
returned yet again, this
time for a two -w -weekend
run in the upstairs Bal-
cony Theatre at Actors'
Playbouse.
Melt has been
described as " n intri-
cately woven tapestry of
family, bistory and hope,"
a spot -on summationofits
style and range.
McKeever introduces us
to the members of three
diverse families, then
oyes the player around
to make new connections,
much as life in Miami
inevitably does
There's Marta (Teresa
Maria Rojas), a seamstress
from Havana who finds
herself locked in a battle
with cancer, and her son
Luis (Javier Si.0, a
Mr. Fix -it for developers
who want to sweep his-
tory and people out of the
way of gleaming new
condo tower. (Melt, obvi-
ously was written before
the financial meltdown
smut tmnEn
MIAMI STORY: Teresa Maria Rojas and John Felix
appear in'Melt' at the Actors' Playhouse.
IfyoHgo oc
siopolitical study,
I Keever's graceful,
�WhaY. TSeIt'byMkhael funny, insightful writing
K� n makes his moving chwac-
-.�
=1 makes
Theatre : lets live and breathe. That
;at Adori playhouse, , MC(t won the Carbonell,
" 280 Krade Mae; COrat , 'the region's highest the-
Gab: Feb.28 : arer honor, is no surprise.
■Whew Bpm idtlay The simple .7 pro-
duction, staged by Stuart
Meltzer, features two
MCOStf30(S25vwuor; actors reprising their roles
$20 stOde SS brkEl5 ' from the original (Fell.
far those B tol2avae- and Slut), one who joined
aNewatukure Shock ' for the Gusman show
Maii5 (Richberg) and three who
■Inlo:3054449293, are new to the piece
v7WatadOtsPaY., (R�jas, Gaspard and
han : www.ml i EI )- All are terrific:
turestsodamsrili m Rojas and Siut with their
funny ami- and -son
interplay, Felix with his
that tumedmany ofthose heartbreaking decline,
buildings into half -fin- RSchberg and Gaspard as
ished monuments to loving partners with
"progress " and loom -time issues. And then there's
Optimism) Elam.
Isaac (John Felix), a Elam is really new to
prickly but likable Jewish the play: Replacing Tara
man whose mind is too Vodihn, who had to leave
quickly eroding, is at odds the cast because of . tried-
with his gay son, Leo ical issue, Elam had
(Nicholas Richberg), a 48 hours before Friday's
high school teacher who opening night to learn the
ants to adopt r a baby le ofAdelle And though
from Guatemala. Leo's the Carbonell- winning
partner, Jackson (Reiss actressconsulteda "note-
(1aspard), a black nurse back" (really the script) in
named for the hospital a few scenes, she raw-
where he was born, tells it lessly delivered several
as he sees it to his sister key speeches from mem-
Adelle (Lela Elam), an ory.
attorney who fights for Amazing.
those whom Luis' clients
would displace. Christine Dolen is The
While that may sound Miami Herald's theater
more like a formula for a critic.
MIAMI -DADE I HAITI BRIBERY SCHEME
Exec enters guilty plea
BY I WEAVER Inc., admitted that he funds came from an inter -
iweaversMamiHezllccm received Ponds between mediary company, J.D.
A Miami -Dade busi- November 2001 and Locator Services Inc Juan
ness executive pleaded August 2002 from U.S. Diaz, president of J.D.
guilty Friday to launder- telephone companies to Locator, pleaded guilty
ing money to bribe tele- payoff officials of Haiti's last year to conspiring to
communications officials state -owned national commit violations of the
in HaitL company, Telecommuil- Foreign Corrupt Practices
Jean Fourcand, 62, of cations D'H.W. It is Act and money launder -
Miami, former president (mown as Haiti Teleco. I.& of Fourcand Enterprises Fourcand said the In his guilty plea, Four-
cand also said that Robert
Antoine, the former direc-
Annua� 11 ll�l i a io a torso at Haiti T ace,
j , 4 lions in Hairi Teleco,
ecvlved the bribes.
In December. Antoine,
61 of Miami and Haiti,
f U3
i was indicted alone with
�- four others for their
alleged roles in the foreign
8:2Oth & SUNDAYsFEB 2751 bribery, wire fraud and
money laundering
12;00 Noon , 300 PlJI; ?scheme
- F=. Tneamers tbargedare m
Joel Esquezi, 53, of
Miami; Carlos Rodriguez,
i1Ml1,pC� LOf5OJ 0cGc�us F9ods 7 53, of Davie; Jean Rene
s Duperval, 43, of Miramar
Ndnd fREE pA1tKlNG ,>" and Haiti; and Marguerite
Grandison, 40, of Mira-
.,. mar, Duperval's sister.
21
S
7
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
�� �°
r � ���,
4�l 1 �1
�:
ri
VNNPA�'T
FUTURE LAND USE ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 8119197by Ord.No. 20-97-1641- Amended 317100 by Ord.No. 1-00-1703;
Y
Amended 1117100 by Ord.No. 27-00-1729
w N 1F O
t - -i 1! ,
Policy 1. 1. 1 1 O i
1a`W-N--. CIG
1 711 1!§--��--Iiigi;eby-4nooppOFated-by
a
By 2010
d
_
, the Cit , shall review an
appropriate, revise its land deveLg2Me_nt requlqt�ions in order it
. .. . . ......... ...
..... ....... . �g-
-MIRM AW
—01
FfP;jL* ;tvz
and bonuses.
Reason for amendment: Recominendation LU-3., to adekess fi"AR Issue II.A.,
"Development and Redeveiql3ment". 'The wiendAnent reftects"
the current adoption status of the Plan, and provides a
framework for emending the land development regulations to
address specific issues raised during the public involvement
*bjective 1.2 Preserve historic buildiMs
sites and districts located within the �Zl�t
r-esour-Ges by-4wpeFien4ng-4m
I A
5r
Reason for amendment. Recommendation LU-Z to address EAR Issue ILA.,
"Development and Redevelopment". The afriendmemt broadens
the of tivp to address historic resources that may be
designated in the hittire, and the range of preservation
mechanisms and tools.
0
91
Reason for amencittient: Recommendation LU-11, to address EAR 18-stie ILA,
"Development and Redevelopment" The atizendment 1r,
intended to provide for downtown redevolopment it? accordance,
with redevelopment plans and goals, and protect remsidential
areas,from the encroachment of nonresidential uses.
0
Policy 2.1. 21 Continue to unit r parking usage to eter ine when and where
additional municipal parking areas should e provided
Reason for amendment. Existing Poi n t. i was moved t anti t. 3 and
renumbered
Reason for aa° andinento Recommendation tt -t . to addrfass PAR Lssue M.A.,
"Development and Redevelopment" � The amendment reflects
the establishment of Thansit Oriented Dovelopment Districts, and
addresses concerns about their potential inn act; Or
surrounding nektyhborhoods and uses.
M
Reason for amendment. .. e -1, . d o EAR: e As .
"Development and Redbwelownent" The amendment reffectS
theemstablishment of °transit Oriented Development Districts-, an
addresses concerns about their potenthil impacts
surrounding neighborhoods and uses.
FM
u
Reason for amendment. .. e -1, . d o EAR: e As .
"Development and Redbwelownent" The amendment reffectS
theemstablishment of °transit Oriented Development Districts-, an
addresses concerns about their potenthil impacts
surrounding neighborhoods and uses.
FM
Use Map and in compliance with other relevant developmeni
regulations of the City.
------------
Jill 1:Jlillillillillilllilillil�l I IIIIIIIIIIIIIII '' 111�!
Policy 5 2.2 Obtain planning and implementation funding for the South Miami
community Redevelopment Area from grants available through the
Urban Infill and Redevelopment Area grant program, the Community
Development Block grant program and other appropriate grant
programs.
EN
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
ftlr- f®ra�ie and other non-
resi4extial site characteristics.
FM
m
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= 5 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 subject to the non-
conforming regulations set forth in Land Development Code Section 20 -4.8.
Im
n� jr
I[J
0=4W 1,
i W
Objective 1.1 Undertake only those improvements that both facilitate traffic flow an
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 transporta n sys m
and 1.3 for convenient and efficient motorized transportation.
Policy 1. 1. 1 The City of South - __ - - f, - in �within %s M a:
pf q A V I *Qvi I; TWO &IA
Principal Arterials "F"
Minor Arterials
Miller Drive
2__A#e"Xweng;er_, L. rhe peak hour level-of-service
standard shall be 150 percent of D capacity for
25- 2. The peak hour level-of-service standard for Bird Road
;hall be 120 percent of E capacity.
MI
_FREW4�1_,
NUT
a.
2__A#e"Xweng;er_, L. rhe peak hour level-of-service
standard shall be 150 percent of D capacity for
25- 2. The peak hour level-of-service standard for Bird Road
;hall be 120 percent of E capacity.
MI
OM!"Z44 I—A I—A
n.
WO M N
Policy 1. 1.2 continue to utilize the development plan review process to conj
roadway access points and on-site tra c w.
In accordanciiii blith 1,11INDUcable State 1, �Jljfrements the Cifil shall
0
f:A �;7tr-
YTW R
---51�
AM
...........
i IN I *10*00�,
V711.
M
Policy 1. 1.2 continue to utilize the development plan review process to conj
roadway access points and on-site tra c w.
In accordanciiii blith 1,11INDUcable State 1, �Jljfrements the Cifil shall
0
ITO] i M
LO
x,arkinq issues—C—itymi—de.
m
Policy 1.2.1 Avoid wenkWaddinly any additional tnaTi_clanek
that foster im
conformance with the Land Use Plan recommendations that call for
protecting and enhancing both the 4vsideRhial neighborhoods and
Reason for amendirient., Recommendation T-7. to address EAR Issue H.A., "Development
and Redevelopment". The amendment reinforces the City's
policy against road widening, while ensuring the flexibility
necessaty to implement or allow projects to imprave traffic
circulation and saafety.
Policy 1.2.2 continue to review and refine the land development code to assu
low through site plan re ew
adequate on-site parking and traffic f
WIN APPEAR I ;,ill 11 iii: am=
Reason for amendment: Recominendation T-& to address FAR issue ILA., 1112evelopment
and Redevelopment". The amendinent addresses parking
concerns raised during the public participation process.
Reason for aniendinent: Recomme"idation T-9 to address EAR Issue MA., IID6,velolxnent
and Redevelopment"� The amendment addresses parkin'q
concerns rahsed during the public partkipation process.
'
Reason for amendment: Recommendation 'r- 10., to a(fdress EAR Msue II.A,,, ""'n. e. ifelopment
and Rexfevedopment" The amendment addresses parking
concerns rais-ed dtirlR9 the public participation proceSS.
Policy 1.3.4 BY49w,
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Reason for amendment� Recommendation T-12- to address EAR Issue H. A., "'Developinent
and Redevelopment". The amendment reflects concerns about
transportation impacts on neighborhoods raised during the
public involvement process.
Reason for amen dinent: Recommendation T-13° to address EAR Issue ILA., "Development
and Redevelopmerit". The amendment reflects concems about
safety and the dis-connection of the downtown areaba from
Metro Rall raised in the public involvement process.
Objective 1.4
Protect existing street rights-of-way including access points.
Policy 1.4.1
Although no collector or arterial widenings are recommended by the
City at this time, use development plan reviews and other means to
rights-of-way, in order to prohibit any further pavement
protect existing
widening.
Policy 1.4.2
Use the site plan and plat process to control curb cuts on public
streets.
Objective 1.5
Continue to refine and develop detailed plans for new sidewalks and
additional bikeways e
Co, Arehensive Long Range Trans ortation Study.
Reason for amendment: Recommendation T-16. to address EFAR Issue 11 B.,
"Transportation". the developinent of
The ainendinent supports
muld-modal transportation options 117 tile City.
Policy 1.5.1
Continue to refine and update a detailed bikeway plan including access
to the Metrorail Transit Station and adequate on-site storage
requirements through development code site plan requirements And as
f7i.n.-mon for amemitnent, Recommendation T-20. to address EAR Lssue U.S.,
"Transportation". The amendment supports the dg;'velopment of
muld-modal transportation options it the CHY
Objective 1.6
in
d a
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consistency with the Metro-Dade County CDMP. Please note that these
roadways serve only residential uses in the City • South Miami and
should not be designated by the County for higher capacity and lane
expansion within City limits.
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most --I-
.-.7e and
dai4g --peak-4;OW
-Vem!'Gie
transit
fa- G, 1, e_
riders
Foute,
peak--4;ew
pubrk-
-1,
k7olu
Avays,—p-pukViGn
charaeteds#os
Waged,-_md
the-
Me GUY
ex4sUng Ghamote���
wX oeordinate
mdtf; FDOT a
generatom and
atWaotor-s.
Mpg to
1
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;a4ossis-mimt
cGunty
GOM1,191ele
4ng and
0.0.
14AW identify
n_ed&-wh!Gh-wW
show tha
tiwies
of -the transp
tion &Ys
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Reason for amendment: Recommendation T-19. to address EAR Issue ILB.,
Transportation". 'The amendment over two interim policieS
that are no longer relevant.
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Reason for ame n timent: Recommendation T-21. to address, CAR issue II.B.,
'Transportation". Tho amendment addresses State
requirements for annual review of the impacts of the
Trams r,p?ortation,r,ot,)ciin,c�ncy EFYception Area deskqnatlom
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GOALS, OBJECTIVE AND POLICIES
HOUSING ELEMENT
Adopted 8119197, by Ord.No. 20-97-16411' Amended 31712000, by Ord.No. 3-00-1705
Objective 1. 1 ThM"q_h4eGhR1Ga1_a& The City shalff
efforts assist-the-pFivate-
to
Provide at least 100 gdditional housing units
of 200 additional units'_M,,,�����by 4999 2015.
Additionally
the CitV shall seek to Provide an 1gleeguyagrEeft, s IV of
Z--T, ftt. Ke
'Ila
12 _11 i I i i i [ 101, 1
Rehabilitation r-rant A
Reason foraniendrnent: Recommendation H-3. to address EFAR M-sue ILA., "Developitient
and f7edevelopment". The amendhient reflects affordable.
housing progra being linplemented thro"gh the City's
Commun!�V Redevelopinent Agency.
6
Reason f(r amenclinent. Recommendation H-6. to address EAR Issue A. "Development
and The amendment reffects afforclable
housirkel programs being implamnewited through the City's
Community Redevelopinent Agonqy.
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Policy 1.3.1 utilize the Future Land use Plan and zoning maps, making special use
of mixed-use districts, to provide for areas which promote Very-low-
income, low-income, and moderate-income households, while
attempting to avoid the concentration of these household in specific
areas of the City.
91
-71
91
INNV M`e
should be demolishe
Reason for amendment: Recommondation H-10. to address EAR Issue II.A.,
"Development and Redevelopment' � The amendment recognizes
that additional buildings may be designated hlstoric
The City shall support,,,the es 1 .-ent.of area wide 9#0000W
housing g2als, and egLt�g�te as @pgro
gria e in le WMVMMWL7d#Iy-'
implementation of the South Florida RegLonal Plqaatag� s�
using S!MLegy.
Reason for amendments (new Objective 1.5 and policies thereunder):
Recommendation 11-11, to address EAR Issue M.A.,
"Development and Redevelopment". The amendment outlines
specific strategies that the Cjt y may in lerylent try further the
achievement of affordab le. housirw goals.
RA
r
RK
lull
Now
Reason fnr amendment. Recommendations 1-5. to include a stormwater drahmge Level of
Service Standard in accordance with gmatth managernent
requirements and the Flood D V, e Prevention Ordinarim
Im
Policy 1.5.1 The county shall provide a level-of-service such that the PrOject f 0
plus the maximum day flow ►,e of e +,
of the preceding calendar r' ,.d 98 percent
County
Objective 1.6 Assist the ounty in implementing its proposed ater conservation
program-
Policy 1.6.1 Assist the County in implementing its water conservation Program
including plumbing inspections and xeriscape park or median
plantings.
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Objective 1®
Continue to protect, restore and enhance remaining tree stands, natural
plant communities, and other significant vegetation and wildlife
habitats.
Policy 1.3.1
The Cit will continue
y s and the natural
to moni
f �tlo itaL
unc, n
Reason for amendment: Recommendation C-1. to address EAR Issue II.D., "Fiscal Health
and Government Services". The amendment correctly reflects
the Citys role and the function of the EnvironmenVit n- view and
Presentation Roard.
Policy 1.3.2
Retain the natural features character of Fuchs, Dante scell and
Brewer Parks.
Policy 1.3.3
The City shall undertake the acquisition of natural areas and open
space, using a variety of grant funding methods, in coordination with
Federal, State, and County agencies and non-profit organizations.
Objective 1.4
Assist the County in implementation of its proposed water conservation
program-
Policy 1.4.1
The it shall assist the County in its proposed water conservation
program through plumbing requirements, and xeriscape plant materials
in medians and parks.
Re:?ason for amendment. Recommendation C-2 to address requirements of Chapter 163,
Florida Sty utem, and reflect the It is support of County
conservation effortsp
Note- policies 9j-5.o13(2)(c)5, 6, 8 and 9 are not applicable due to the vel
limited amount of natural water bodies, vegetation and wildlife.
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Reason for amendment: Reconmenclation PR-3. to address FAR hssue If C., "'Parics and
Recreation". M communitV recreation hwilitles have, been
provided in Murray Park and at the YMCA site therefore
implamenting and fulfillirtq the intent of this Pdlicy
m
LEMUR UUMM
lit 1! 1111 i
Reason for amendment. Recommendation PR-4$ to address EAR Issue 11,C., "Fl arks and
Recreation". The referenced Plan will as slat the City if) its
efforts to rarest the rescreation needs of existing and future
residenM
and other mechanisms bv which afl p—rivate deve ed
lopment is assess its
fair share of the costs associated with rovidin
q recreation and d
open
Reason for amendment: Recommendation PR-5. to address FEAR issue IM, "Aarks and
Recreation". , litypact fees will enhance Me City"s ability to nleet
the demand for recreation and open space generated by new
development and redevelopment that will increase the residential
Population.
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Policy 1.2.3 participate in planning for greenways and trails, in conjunction witi
State, County and other local government Jurisdictions. I
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I
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' I -W I
GOALS, OBJECTIVES AND POLICIES
Adopted 31712000, by Ord.No. 2-00-1704
•
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ISO,
AM,
TAN
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Reason for amendment. Recommendation -1. to address PAR lases . "Fiscal
and Government Services" The amendment recognizes the
2003 Inferlocal Agreement.
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Policy 1.4.3 The City will notify and solicit comments from adjacent jurisdictions
and the School Board of its existing standards or proposed regulations
being considered for problematic or incompatible land uses.
ap q2endence ot
2Mriate
, in order to
La� �Liarti�cularly-those of low and moderate income.
ind t;endence of
?RpLopriate
, in order
iftt2i4Ed)L
rhe CitVAh9II coordina!e--Wl: State..,and t— Ol-AO-000 -000
St
fflgaggement-
M
r �
Visitor's BureaLy
agocies, including the Greater Miami Conven )—n-ands 5u,-
as opm te in
grial
Eggi:on-
Reason
for en ent: Recommendation IC-3, to mflect the goals, objectives and
policies of the State Comprehensive Flee.
m
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, m--
I I low"'
Plan.
3. Ability to finance: A third criteria is the budgetary impa,42
will it exceed budget projections2 I
4. New development., Redevelopment and tax ba
nhancement projects are next in priority.
5. State projects: City projects in support thereof
Policy 1. 1.5 The City shall annually review the COO
Ma"it tiEIiiisafat47erail,:eiv,!cies avinq- tion over infrastructure and
Lk
Reason for amendment: Recommendation CI-5. to address CAR Issue 11.D, "Fiscal
Health and Government Services". The amendinent
addresses 2005 changes to growth management
requirements pertaining to the annual update of the capital
improvements schedule and financial feasibility.
Objective 1.2 City officials shall continue to utilize a concurrency management
system that uses both the Future Land Use Plan and financial
analyses of the kind contained herein as a basis for reviewing
development applications, in order to maintain an adequate facility
level-of-service.
m
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a 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 - NOTICE OF PUBLIC HEARING
APRIL 6, 2010
in the XXXX Court,
was published in said newspaper in the issues of
03/26/2010
Aff iant 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 aff iant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertise MM for publication in the said
newspaper, fo
Sworn to and subscribed before me this
MEEMS
(SEAL)
V. PEREZ personally known to me
Illy `,o Notary POI!c State of Florida
f I, Warmer
My Commission DD793490
Expires 07/18/22012
place and liquor store from a Permitted use in commercial
zoning use districts to a Special use in commercial zoning use
districts; Section 20-3.4 entitled "Special use conditions", in
order to provide regulations allowing for a revocation of a special
use approval; providing for severability; providing for ordinances
in conflict; and providing for an effective date.
An ordinance of the Mayor and City Commission of the City of
South'lvliaml,'FIcrlda amending the South Miami pension plan,
providing for compliance with Chapter 2009-97, Laws of Florida;
providing for a reduction in certain employee contributions
for, one fiscal year; providing for severability;,- providing for
codification, ordinances in conflict; and providing for an effective
date.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at:
305-663-6340.
Maria M. Menendez, CMC
CityClerk
,Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board,
,Agency or Commission with respect to any matter considered at its
meeting or hearing, he or she will need a record of the proceedings, and
that for such purpose; affected person may need to ensure that a Verbatim
record of the proceedings is made which record includes the testimony
and evidence upon which the appeal isto be based.
3/26 10-3-231/143i3993M
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