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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 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 43 44 45 46 APPROVED: MAYOR 1St Reading: 2nd Reading 0 2 3 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4 AND SUFFICIENCY: 5 Mayor Stoddard: 6 Vice Mayor Newman: 7 Commissioner: Palmer: 8 CITYATTORNEY Commissioner: Beasley: 9 Commissioner Harris: 10 11 12 13 14 15 Attachment "A" Evaluation and Appraisal Report (EAR) Based Text Amendments 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 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 - - -- -- - - - - - -- - -- - - -- - - - - -- - - - - - — - - WN Sim 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 • (927 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 3 O tG L a CID m O N a O o U � O N IT i (6 co N CL O N Z -If O Q U Q cn 0 Q CD r r r r O W (0 X O co N Co -!D E 7 a) Z Q E O F-- =3 L Z N hi 0 -O M N O Q c: (T) U 1 a� 4� • a m V V C R Q r C A A d r O A S E d E- C 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} M OrJ xxdlM W). the f2Y Carnmiaihd the Ter of So;Ah ti ire. FWNar4opZ -gihaEratamaaMABxa "¢daepwt (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, mi 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 Mi m 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. - Ma�WQMQ'ift - ---- ----- - RM 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 Smid-CH ;a4ossis-mimt cGunty GOM1,191ele 4ng and 0.0. 14AW identify n_ed&-wh!Gh-wW show tha tiwies of -the transp tion &Ys RM Reason for amendment: Recommendation T-19. to address EAR Issue ILB., Transportation". 'The amendment over two interim policieS that are no longer relevant. UI . ... .... &OM �9 MET mam 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 M m 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. RM 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. EM M- re- FF - MR dp - MR 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. RM MA�� r"M MY WON 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. M Policy 1.2.3 participate in planning for greenways and trails, in conjunction witi State, County and other local government Jurisdictions. I M I m ' I -W I GOALS, OBJECTIVES AND POLICIES Adopted 31712000, by Ord.No. 2-00-1704 • m 0 A ISO, AM, TAN m Reason for amendment. Recommendation -1. to address PAR lases . "Fiscal and Government Services" The amendment recognizes the 2003 Inferlocal Agreement. M E , } # # s� �� Yip zr iir a yy M 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 l UK , 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 0, 0 aT OWN > Z z (i 10- Z •jualuoa Aue asodindai jo;loldxa Aem Aue ul jo IS4JOM OAlleAll8p alaoia sou Am do -poleolpul o6ed pue alep 041 uO PleJOH lwBjW 84lul pajeadde pe 041 JE41 ODUDPIAO 0AIsniouon 59 PSPIAwd s! 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