14South Miami
'1111
CITY OF SOUTH MIAMI '
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Buford R. "Randy" Witt, Acting City Manager 6 �J t4L
4 Td
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: July 27, 2010 ITEM No.
Subiect
An Ordinance of the Mayor and City Commission of the City of South Miami
Florida, amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use category from Educational (Four - Story) to
Single- Family Residential (Two - Story) for the property identified as the Rothan
residence located at 7435 SW 66 Avenue (Folio No. 09- 4036 - 050- 0020); providing for
severability; providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application PB -10 -016 for a Comprehensive Plan Future Land Use Map
amendment is being initiated by the City (Local Planning Agency) as a small scale Future
Land Use Map amendment. The amendment proposed is a technical correction needed to
show the correct future land use map category for the property which is clearly occupied
by a single family home. The corrective action was suggested by the property owner and
a member of the City Commission.
The subject property has a current Future Land Use Map designation of Educational
(Four - Story). The appropriate Future Land Use Map Category will be Single Family
Residential (Two - Story).
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION
A change in the Comprehensive Plan Future Land Use Map can be initiated by a property
owner, the Local Planning Agency and the City Commission. An amendment to the
City's Comprehensive Plan Document or the Future Land Use Map requires the adoption
of an ordinance by the City Commission after receiving a recommendation from the
City's Local Planning Agency (Planning Board). Following adoption of the application
by the City Commission (second reading of the ordinance) the application package is
then submitted to the Florida Department of Community Affairs (DCA). This
amendment qualifies as a small -scale amendment and therefore DCA will not review or
comment upon the application unless a compliance protest is filed within a specified time
period.
2
The review process for a Comprehensive Plan Future Land Use Map amendment differs
from the process used to review zoning district changes, variances, and site plans. A
future land use map amendment review is concerned with the following basic issues: 1)
compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed
density and height to the limits contained in the Plan and to the immediate neighborhood;
3) impact of the proposed use on the City's infrastructure; and 4) is the amendment
compatible with and does it advance the City's objectives and policies contained in the
Comprehensive Plan.
RECENT HISTORY OF THE SITE
The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3
(Single- Family) from 1971 until 1989 according to records and maps in the Planning and
Zoning Department. In 1989 the City produced the first Future Land Use Map as required
by the new State Comprehensive Planning Act. This map indicated that the subject
property was in the Public and Semi Public (Four Story) future land use map category,
the same category as the Ludlum Elementary School abutting the property to the north.
The City has no record as to why this property, which was clearly a single- family home
and owned by a private party, would have been placed in that category. That error also
resulted in the 1989 Official Zoning Use map also showing the property in the "PI"
Public / Institutional Zoning district, which remains the current zoning use district.
The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in
the 1996 EAR. The Future Land Use Map category for this property was indicated as
Educational (Four - Story) the same category assigned to the Ludlum Elementary School
immediately abutting the single family home.
PROPOSED AMENDMENT REVIEW
The subject proposed amendment for 7435 SW 66 Avenue will remove the current
Educational (Four - Story) land use category and replace it with the Single - Family
Residential (Two - Story) category. The current land use category and the current zoning
use district on the property makes the single - family home a non - conforming use. The
existing structure can not be enlarged in any way and if destroyed the home could not be
rebuilt.
SITE ANALYSIS
Parcels
Comprehensive Plan
Existing Land Use
Category
Land Development Code
Existing Zoning District
Actual Use
North
Educational (Four Story)
PI, Public Alnstitutional
Public school
East
Single Family Residential
RS -3
Canal and Single family homes
South
Single Family Residential
RS -3
Single family homes
West
Single Family Residential
RS -2 (Semi- Estate Residential)
Single family homes
1. Compatibility of Use: The property is surrounded on three sides by single - family
zoning districts. The use of that property for school or educational purposes would
not be a compatible land use.
2. Compatibility of Densi"eight: The property size is 0.34 acres. The existing land
use map category would allow for school building up to four stories in height. The
existing zoning district, PI, would allow for any number of institutional type uses
including schools. The maximum height in the PI zone district in that location would
be two stories. The uses allowed by the current land use and zoning district would not
be compatible with the surrounding single family neighborhood.
3. Impact on Public Facilities: An important element of a future land use map
amendment is to assess the impact of the change on the public infrastructure serving
the site. For purposes of this report, presented below is a summary of the projected
impact of the proposed land use map category on public facility capacity.
a) Park/Recreation Facilities
Continuation of existing single family home
No impact
b) Schools
Continuation of existing single family home
No impact
c) Solid Waste
Continuation of existing single family home
No impact
d) Wastewater (Sewer)
Continuation of existing single family home
No impact
e) Potable Water
Continuation of existing single family home
No impact
f) Traffic /Streets
Continuation of existing single family home
No impact
4. Compatible with Comprehensive Plan.
A proposed Future Land Use Map Amendment should be compatible with and
advance the goals and policies contained in the City's Comprehensive Plan. The
proposed amendment is consistent with and supports the following goals and policies:
LAND USE ELEMENT
Goal I To maintain and improve the City's neighborhoods, and the
quality of life of existing and future residents.
M
Objective 1.1 The City shall implement its Future Land Use Plan Map through
its land development regulations. Uses that are inconsistent with
community character as set forth on the Future Land Use Map
shall be eliminated.......
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adjacent uses shall be the major
determinant.
FUTURE REZONING
The approval of the proposed Future Land Use Map amendment is a pre- requisite for a
future zoning district change, which will implement the Future Land Use Category. The
current zoning district of "PI" Public / Institutional will need to be changed to the "RS-
3" Single Family Residential Zoning District.
STAFF OBSERVATIONS
L The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan.
2. The amendment is needed in order to accurately reflect the actual use on the site and
to protect the surrounding residential community from inappropriate land uses.
3. The proposed land use map category change will have no impact on public facilities
including traffic, waste collection, water and sewers.
PLANNING BOARD ACTION
The Planning Board at its July 13, 2010 meeting, after a public hearing, voted 5 ayes 2
nays (Ms. Beckman, Mr. Morton) to recommend approval of the proposed
Comprehensive Plan Future Land Use Map (FLUM) amendment.
RECOMMENDATION
It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM)
amendment from the `Educational (Four- Story)" Land Use Map category to the "Single
Family Residential" category for 7435 SW 66 Avenue be approved.
Attachments:
Draft Ordinance
Location map
Planning and Zoning Dept. Report 7 -13 -10
Planning Board Minutes Excerpt 7 -13 -10
Copies of Public Notices
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami Florida,
amending the Future Land Use Map of the South Miami Comprehensive Plan by changing
the future land use category from Educational (Four- Story) to Single - Family Residential
(Two - Story) for the property identified as the Rothan residence located at 7435 SW 66
Avenue (Folio No. 09- 4036 -050- 0020); providing for severability; providing for ordinances
in conflict; and providing an effective date,
WHEREAS, Application PB -10 -016 is a request for a Comprehensive Plan Future
Land Use Map Amendment being initiated by the City in order to amend the Future Land Use
Map of the South Miami Comprehensive Plan for property located at 7435 SW 66 Avenue from
the category Educational (Four- Story). To Single Family Residential (Two- Story); and
WHEREAS, the proposed amendment was suggested by the property owner and a
member of the City Commission and is a technical correction needed to show the correct future
land use map category for the property which is clearly occupied by a single family home ; and
WHEREAS, since 1989 the subject property has been placed in the Educational
(Four - Story) Future Land Use Map category which is the same category as the Ludlam
Elementary School abutting the property the property to the north; and
WHEREAS, the City of South Miami has no records as to why or when this property,
which is a single- family home and owned by a private party, would have been placed in the
Educational Future Land Use Map category; and
WHEREAS, the Planning and Zoning Department staff in a report dated July 13,
2010 recommended approval of the proposed amendment based upon observations that the
amendment is needed in order to accurately reflect the actual use on the site and to protect the
surrounding residential community from inappropriate land uses and that the proposed
amendment is consistent with the goals and policies of the City's Comprehensive Plan; and
WHEREAS, on July 13, 2010, after Public Hearing regarding the proposed
amendment, the Local Planning Agency recommended approval of the proposed amendment
by a vote of 5 ayes 2 nays; and
WHEREAS, the City Commission desires to accept the recommendation of the Local
Planning Agency and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is
hereby amended by changing the Future Land Use Map category from Educational (Four- Story).
to Single Family Residential (Two- Story) on property located at 7435 SW 66 Avenue.
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Section 2. 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 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 2010
ATTEST:
Is) IWKS)411N161
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
X: \Comm Items \2010 \7 -27 -10 \Comp Plan FLUM Amend Rothan Res Ord.doc
2
MEMO,
1" Reading -
2nd Reading —
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Barris:
City of South Miami
PB -10 -016 Future Land Use Map Change
Educational to Single - Family Residential
7435 SW 66 Avenue
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6396
To: Honorable Chair .& Local Date: July 13, 2010
Planning Agency Members
From: Thomas J. Vageline, Director Re: Comprehensive Plan Future
Planning and Zoning Departme t Land Use Map Amendment: 7435
SW 66 Avenue
PB -10 -016
Applicant: City of South Miami
Location: 7435 SW 66 Avenue
An Ordinance of the Mayor and City Commission of the City of South Miami Florida,
amending the Future Land Use Map of the South Miami Comprehensive Plan by changing
the future land use category from Educational (Four - Story) to Single - Family Residential
(Two - Story) for the property identified as the Rothan residence located at 7435 SW 66
Avenue (Folio No. 09- 4036 - 050 - 0020); providing for severability; providing for ordinances
in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application PB -10 -016 for a Comprehensive Plan Future Land Use Map amendment
is actually being initiated by the City (Local Planning Agency) as a small scale Future Land Use
Map amendment. The amendment proposed is a technical correction needed to show the correct
future land use map category for the property which is clearly occupied by a single family home.
The corrective action was suggested by the property owner and a member of the City
Commission.
The subject property has a current Future Land Use Map designation of Educational (Four -
Story). The appropriate Future Land Use Map Category will be Single Family Residential
(Two- Story).
A change in the Comprehensive Plan Future Land Use Map can be initiated by a property owner,
the Local Planning Agency and the City Commission. An amendment to the City's
Comprehensive Plan Document or the Future Land Use Map requires the adoption of an
ordinance by the City Commission after receiving a recommendation from the City's Local
Planning Agency (Planning Board). Following approval of the application by the City
Commission, (first reading of the ordinance) the application package is then submitted to the
Florida Department of Community Affairs (DCA). This amendment qualifies as a small -scale
amendment and therefore DCA will not review or comment upon the application unless a
Future Land Use Map Amendment
7435 SW 66 Ave.
July 13, 2010
Page 2 of 4
compliance protest is filed within a specified time period.
The review process for a Comprehensive Plan Future Land Use Map amendment differs from the
process used to review zoning district changes, variances, and site plans. A future land use map
amendment review is concerned with the following basic issues: 1) compatibility of the proposed
use with surrounding uses; 2) compatibility of the proposed density and height to the limits
contained in the Plan and to the immediate neighborhood; 3) impact of the proposed use on the
City's infrastructure; and 4) is the amendment compatible with and does it advance the City's
objectives and policies contained in the Comprehensive Plan.
RECENT HISTORY OF THE SITE
The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3 (Single -
Family) from 1971 until 1989 according to records and maps in the Planning and Zoning
Department. In 1989 the City produced the first Future Land Use Map as required by the new
State Comprehensive Planning Act. This map indicated that the subject property was in the
Public and Semi Public (Four Story) future land use map category, the same category as the
Ludlum Elementary School abutting the property to the north. The City has no record as to why
this property, which was clearly a single - family home and owned by a private party, would have
been placed in that category. That error also resulted in the 1989 Official Zoning Use map also
showing the property in the "PI" Public / Institutional Zoning district, which remains the current
zoning use district.
The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in the 1996
EAR. The Future Land Use Map category for this property was indicated as Educational (Four -
Story) the same category assigned to the Ludlum Elementary School immediately abutting the
single family home.
PROPOSED AMENDMENT REVIEW
The subject proposed amendment for 7435 SW 66 Avenue will be to remove the current
Educational (Four - Story) land use category and replace it with the Single- Family Residential
(Two - Story) category. The current land use category and the current zoning use district on the
property makes the single - family home a non-conforming use. The existing structure can not be
enlarged in any way and if destroyed the home could not be rebuilt.
C! VIM ANAT VCTC
Parcels
Comprehensive Plan
Existing Land Use
Category
Land Development Code
Existing Zoning District
Actual Use
North
Educational (Four Story)
PI, Public /Institutional
Public school
East
Single Family Residential
RS -3
Canal and Single family homes
South
Single Family Residential
RS -3
Single family homes
West
Single Family Residential
RS -2 (Semi- Estate Residential)
Single family homes
Future Land Use Map Amendment
7435 SW 66 Ave.
July 13, 2010
Page 3 of 4
Compatibility of Use: The property is surrounded on three sides by single - family zoning
districts. The use of that property for school or educational purposes would not be a
compatible land use.
2. Compatibility of Density/Fleight: The property size is 0.34 acres. The existing land use map
category would allow for school building up to four stories in height. The existing zoning
district, PI, would allow for any number of institutional type uses including schools. The
maximum height in the PI zone district in that location would be two stories. The uses
allowed by the current land use and zoning district would not be compatible with the
surrounding single family neighborhood.
3. Impact on Public Facilities: An important element of a future land use map amendment is
to assess the impact of the change on the public infrastructure serving the site. For purposes
of this report, presented below is a summary of the projected impact of the proposed land use
map category on public facility capacity.
a) Park/Recreation Facilities
Continuation of existing single family home
No impact
b) Schools
Continuation of existing single family home
No impact
c) Solid Waste
Continuation of existing single family home
No impact
d) Wastewater (Sewer)
Continuation of existing single family home
No impact
e) Potable Water
Continuation of existing single family home
No impact
f) Traffic /Streets
Continuation of existing single family home
No impact
4. Compatible with Comprehensive Plan.
A proposed Future Land Use Map Amendment should be compatible with and advance the
goals and policies contained in the City's Comprehensive Plan. The proposed amendment is
consistent with and supports the following goals and policies:
Future Land Use Map Amendment
7435 SW 66 Ave.
July 13, 2010
Page 4 of 4
LAND USE ELEMENT
Goal 1 To maintain and improve the City's neighborhoods, and the quality of life
of existing and future residents.
Objective 1.1 The City shall implement its Future Land Use Plan Map through its land
development regulations. Uses that are inconsistent with community
character as set forth on the Future Land Use Map shall be
eliminated.......
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map,
compatibility with adjacent uses shall be the major determinant.
FUTURE REZONING
The approval of the proposed Future Land Use Map amendment is a pre - requisite for a future
zoning district change, which will implement the Future Land Use Category. The current zoning
district of "Pl" Public / Institutional will need to be changed to the "RS -3" Single Family
Residential Zoning District.
STAFF OBSERVATIONS
1. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan.
2. The amendment is needed in order to accurately reflect the actual use on the site and to
protect the surrounding residential community from inappropriate land uses.
3. The proposed land use map category change will have no impact on public facilities
including traffic, waste collection, water and sewers.
RECOMMENDATION
It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM)
amendment from the "Educational (Four - Story)" Land Use Map category to the "Single Family
Residential" category for 7435 SW 66 Avenue be approved.
Attachments:
Location map
Copies of Public Notices
TJV/ /SAY
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CITY OF SOUTH MIAMI
LOCAL PLANNING AGENCY
Regular Meeting
Meeting Minutes
Tuesday, July 13, 2010
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:46 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call
Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr.
Whitman, Mr. Farfan, Mr. Cruz and Mrs. Beckman. Board members absent: None
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Secretary).
Deputy City Attorney: Mr. Mark Goldstein
III. Planning Board Applications/Public Hearings
PB -10 -016
Applicant: City of South Miami
Location: 7435 SW 66 Avenue
An Ordinance of the Mayor and City Commission of the City of South Miami Florida,
amending the Future Land Use Map of the South Miami Comprehensive Plan by changing
the future land use category from Educational (Four - Story) to Single - Family Residential
(Two- Story) for the property identified as the Rothan residence located at 7435 SW 66
Avenue (Folio No. 09- 4036 - 050 - 0020); providing for severability9 providing for ordinances
in conflict; and providing an effective date.
Planning Board Meeting
June 15, 2010
Action: Mrs. rates read the item into the record.
Mr. Youkilis informed the Board that the item before them is a technical amendment to the
Future Land Use Map. The item is different from the others previously presented. It was brought
to staff's attention by the property owner and a member of the City Commission. Mr. Youkilis
commented that the Future Land Use Category on the Ludlam Elementary School north of the
Rothan's home is the category called Educational (Four -Story) The home at 7435 SW 66 Avenue
is also shown on Educational. The Department has no records as to why or how this property has
the Educational land use category. The original 1989 Future Land Use Map indicated that the
subject property was Public -Semi- Public (Four -Story) which was later changed to wording
Educational. In 1997, when the Future Land Use Map was re- issued it was still considered
Educational (Four -Story) Staff recommended changing the Education (Four -Story) Future Land
Use category to the Single- Family Residential (two -story) category. There is no additional
impact on infrastructure since the property is already developed. He commented that there are
Comprehensive plans goals and objectives that state that the City shall implement its Future
Land Use Plan Map through its land development regulations. Uses that are inconsistent with
community character as set forth on the Future Land Use Map shall be eliminated. This means
that the City needs to change the Future Land Use Map. In reviewing proposed amendments to
this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant.
The Future Land Use Map category is inconsistent and the amendment should be changed to
reflect the actual use of the property. Staff recommended approval of the proposed technical
amendment to Single - Family Residential category.
The Chair opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Bob Welsh 7437 SW 64 Court Oppose
Mr. Welsh commented that with time the school through emanate domain will go after the
property in order to expand the school. He commented that Rothan's were never advised that the
property'.s Future Land Use category had been changed. Mr. Morton questioned if Mr. Welsh
was a lobbyist. Mr. Welsh responded that he is not a lobbyist, but a concerned neighbor.
Mr. Cruz questioned if Mr. Welsh was supporting or opposing the project. Mr. Welsh replied
that he is against the proposed change.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Piper Rothan 7435 SW 66 Avenue Oppose
Mrs. Rothan commented that she, as property owner, would like it to remain Educational (Four -
Story). She informed the Board that she previously the School Board informed her that through
emanate domain they would take the property. Mrs. Rothan commented that it is strange how the
records have gone missing on why the property use was changed. Mrs. Rothan commented that
Planning Board Meeting
June 15, 2010
3
she is for keeping the Educational category and commented that with time the Dade - County
school system will try to expand the school and will take her property.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Matthew Rothan 7435 SW 66 Avenue Oppose
Mr. Rothan commented that Ludlam Elementary School has reached its maximum capacity and
is concerned that the neighborhood will demand for the school to expand. Mr. Youkilis
commented that the School Board is not subject to local regulations and could build on the
property regardless of the City's Land Use or Zoning districts. Mrs. Rothan questioned if the
property is non - conforming. Mr. Youkilis responded yes.
Mr. Cruz questioned if the applicant's home would burn to the ground, could the applicant build
something that's not conforming. Mr. Youkilis responded no. He commented that they would not
be able to build on the property unless they changed the use.
Mr. Cruz questioned how the Rothan's are being billed for property tax purposes. Mrs. Rothan
responded that the billing is being based on single- family. Mr. Cruz commented that there has
been a mistake. If the mistake were to be corrected Mrs. Rothan would owe money back since
when she purchased the house. This would also include the Rothan's losing the Homestead
exemption.
Mrs. Rothan requested the Board to defer the application to allow her to research additional
information. Mr. Cruz questioned if the property was zoned Single - family residential when it
was purchased. Mrs. Rothan replied yes.
Mr. Whitman commented that he does not support a motion to defer. He commented that the
Board has to base their decisions on rational not hypothetical decisions. The city has a policy that
limits development next to single family to two stories and it is entirely not appropriate to have a
four -story building in a residential area.
The Chair closed the public hearing.
Mrs. Beckman moved to defer the application. Mr. Morton seconded.
Vote: 2 Ayes 5 Nays (Mr. Cruz, Mrs. Young, Mrs. Yates, Mr. Farfan and Mr. Whitman)
Motion: Mr. Whitman moved and Mrs. Young seconded to approve the amendment as
presented.
Vote: 5 Ayes 2 Nays (Mr. Beckman and Mr. Morton)
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