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18 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Excerpt Minutes Tuesday, May 25, 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 7:40 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: Mr. Morton, Ms. Yates, Mr. Comendeiro, Ms. Young, and Mr. Whitman. Board member absent: Mr. Farfan and Mr. Cruz. City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant) and Ms. Alerik Barrios (Secretary). Deputy City Attorney: Mr. Mark Goldstein III. Administrative Matters: Mr. Youkilis informed the Board that the next meetings will be on Tuesday, June 15, 2010, Tuesday, July 13, 2010, Tuesday, August 31, 2010 and Wednesday, September 29, 2010. He further informed the Board that there are extra staff reports available for both of the items that are on the agenda. Ms. Yates informed the Board that since the meeting is a quasi-judicial hearing the Deputy City attorney will be swearing in those who wish to speak. The Deputy City Attorney then swore in all persons who will be testifying. Planning Board Meeting May 25, 2010 Page 2 of 5 IV. Planning Board Applications/Public Hearings PB-09-031 Applicant: Southeastern Investment Company Corporation Location: 6800, 6820, and 6842 SW 62nd Avenue An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from “NR” Neighborhood Retail Zoning Use District to “SR” Specialty Retail Zoning Use District for property located at 6800, 6820, and 6842 SW 62 Avenue; the purpose of the zone change is to allow construction of a four story mixed use office building; providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Ms. Yates read the item into the record. Mr. Youkilis stated that Southeastern Investment Company Corporation has submitted application PB-09-031 requesting a change from the NR to SR zoning use district in order to construct a four story mixed use office building on a vacant site consisting of six lots located at 6800 - 6842 SW 62nd Avenue. The application has been submitted because as of this moment there cannot be a four story office building built under the existing zoning. Mr. Youkilis informed the Board of the surrounding properties and existing zoning. He commented that the applicant’s initial application and associated site plan was submitted in December 2009. The Planning and Zoning staff reviewed and determined a significant number of design deficiencies and miscalculations making the submission incompatible with the standards of the SR zoning district. Staff then advised the applicant that the submitted application was not complete and could not be accepted and processed. The applicant was allowed to re-submit a revised application and site plan with the corrections pointed out by staff. The re-submittal of the application and revised site plan and the rejection by staff reoccurred three additional times. The Planning and Zoning Director on April 22, 2010 did accept the application for processing and it was pointed out that continuing design deficiencies will require the applicant to obtain variances. Mr. Youkilis then stated that the proposal consists of the building height of four stories which is out of scale and incompatible with the one and two story building height of abutting properties to the west, north, and east. The proposed height is also in conflict with Section 20-3.5 (D) of the LDC, which is the two story height limitation regulation. The applicant’s proposed preliminary site plan should have been amended to show a two story building after the adoption of the new regulations. The proposed building will not be compatible with the City’s official declared development policy for the SW 62 Avenue Corridor. This policy is expressed in the Future Land Use Map category entitled “Residential/ Limited Commercial District (Two Stories)”, recently adopted into the Comprehensive Plan as part of the EAR Based Text Amendments. The City of South Miami will be initiating a future land use map change to remove the current land use category of Mixed Use Commercial/Residential (Four Story) over the SW 62 Avenue Corridor. The City intends to install the “Residential/ Limited Commercial District (Two Stories)” future land use map category and a new zoning use district. The overall Planning Board Meeting May 25, 2010 Page 3 of 5 reduced density and lower height limit of this category and the associated new zoning district will make a building like the one proposed by the applicant immediately non-conforming. Mr. Youkilis commented that the City Commission determined that it was a high priority to include in the final EAR Based Text Amendment Document a new future land use map category which could be used in the SW 62 Avenue Corridor and possibly other areas of the City. Mr. Youkilis stated that it is important to note that the City’s creation of the new future land use map category for the SW 62 Avenue Corridor was a needed adjustment based upon the current development trends in the area and current economic considerations. There has been very little new construction in the SW 62 Avenue corridor area for over a decade. The 1990’s concept of creating “main” street type buildings or a mini-downtown for the SW 62 Avenue Corridor is no longer appropriate at this time. This area must be thought of as a transition area because of its immediate adjacency to single family homes abutting to the west. Staff recommended that the proposed change of zoning from NR, Neighborhood Retail to the SR Specialty Retail Zoning Use District for 6800-6842 SW 68 Avenue be denied for the reasons provided in staff’s observations. Ms. Yates commented that the current Comprehensive Plan Land Use category is Mixed Use Commerical today. She questioned when changing the Land Use and there is a down zoning, do the land owners have to agree and can the City change a zoning without the owners consent. Mr. Youkilis responded that there is no requirement that property owners have to agree. Mr. Comendairo asked Mr. Youkilis if he could state for the record his qualifications. Mr. Youkilis commented that he has a Master’s degree in City Planning and is nationally certified as a member of the American Institute of Certified Planners. He has served as Planning Director of Miami Beach and Coral Gables, and retired from the City of Coral Gables as Assistant City Manager. He has served here in the City of South Miami as interim City Manager and Planning Director. Mr. Comendairo questioned Mr. Youkilis if his testimony presented was based on first hand knowledge and review of the City records regularly kept in a course of business. Mr. Youkilis responded yes. The Deputy City Attorney recommended that the Chair open the public hearing in order to allow citizens to voice their opinions. He commented that the cross examination is done to avoid an applicant from believing that the Board members have already made up their mind on the item. The Chair opened the public hearing. Speakers: NAME ADDRESS SUPPORT/OPPOSE PROJECT Pedro Menacall Not provided Support Planning Board Meeting May 25, 2010 Page 4 of 5 Mr. Menacall commented that he represented the property owner and that his client is currently appealing the ordinances that Mr. Youkilis commented about earlier and he disagrees with the assessment. Mr. Morton commented that he would like Mr. Menacall to clarify what he had stated. Mr. Menacall responded that his client has appealed the ordinances that were presented to the City Commission in October of last year, in February 2010 and April 6, 2010 meetings all related to the EAR and obviously affecting his client’s property. The Deputy City Attorney commented that the applicant would like to be able to build up to four stories in the area and has filed a law suit against the City. NAME ADDRESS SUPPORT/OPPOSE PROJECT Fernando Gomez-Pina 250 Catalonia Ave Support Mr. Pina commented that he is a registered engineer since 1971 and was the design engineer for Dr. Zakcharia’s plans. He informed the Board that while meeting with the Planning & Zoning staff the plans he submitted were acceptable and that they had addressed all the issues. Mr. Pina questioned why the four story building proposal was not accepted. Mr. Youkilis responded that the four story proposal was a violation of the ordinance which was adopted in February 2010. He commented that the zoning change does not mandate, reduced height it just says you have to go through an extra step for approval which is called Special Use process. Mr. Pina commented that most of the abutting properties in that zone are owned by Dr. Zakcharia Mr. Youkilis commented that the abutting property is still zoned single family and ownership is not looked at when determining permitted uses. NAME ADDRESS SUPPORT/OPPOSE PROJECT Beth Schwartz 6430 SW 62 Court Opposed Ms. Schwartz commented that this is beating a dead horse. This has been a two story zoning designation and no Commission has changed the zoning map to four stories since 1997. There are residential homes on SW 62 Avenue except for a small spot. She feels that it is inappropriate to put a three or four story building in that location since it is not transitional zoning. The Commission will not grant variances, or agree to this re-zoning and she asked for the Board to deny the application. Ms. Schwartz commented that the owner needs to respect the voice of the neighborhood. NAME ADDRESS SUPPORT/OPPOSE PROJECT Eda Harris Not provided Opposed Ms. Harris commented that the will of the residents have spoken and it is clear that they do not want a four story building. The City of South Miami is very unique and the citizens are very active. She further commented that this item has been seen by the City so many times, it is a waste of time and paper. Planning Board Meeting May 25, 2010 Page 5 of 5 NAME ADDRESS SUPPORT/OPPOSE PROJECT Sharon McCain 7502 SW 58 Avenue Opposed Ms. McCain commented that this must be the developer’s last attempt to see if this could be passed. This item has been considered by numerous City Commission meetings and Planning Board meetings it is time to move on. She commented that perhaps Michael Miller may have comments he would like to say. NAME ADDRESS SUPPORT/OPPOSE PROJECT Luigi Vitalini 6840 SW 62 Court Opposed Mr. Vitalini commented that he is a registered architect, living right behind the blocks that are adjacent from the property. He informed the Board that from an urbanism point of view it is a mistake for a drastic change of height and being an architect he is favorable to development, but he does not think that this development in that location will be successful. NAME ADDRESS SUPPORT/OPPOSE PROJECT David Landoe 5926 SW 62 Court Opposed Mr. Landoe commented that he has been living in the City of South Miami for thirty-five years. He further commented that he does not want something of that height to go in that location, but instead would rather see small shops. The Chair closed the public hearing. Ms. Young questioned when the property was purchased. Mr. Comendiero replied in 2001. Mr. Youkilis commented that the Comprehensive Plan history impacting the property is from 1989 through 2007. Mr. Whitman commented that this issue has been around for ten years, the citizens from SW 62 Avenue came to express their concerns against the issue and there have been numerous public hearings. He commented that it is inappropriate for a building being proposed at forty-eight feet tall. There is not one example of a four story building abutting single-family here in the City of South Miami and if the new zoning has not been passed after so many years that means the community does not want it. Mr. Whitman further commented that he will not support the re- zoning. Motion: Mr. Comendairo moved to deny the application. Ms. Young seconded. Vote: 5 Ayes 0 Nays Y:\PB\PB Minutes\2010 Minutes\5-25-2010\PB.Minutes.5.25.2010.Excerpt.doc