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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
The Honorable Mayor Stoddard and Members of the City
Commission
Hector Mirabile, Ph.D., City Manager
Thomas J. Vageline, Director
Planning and Zoning Department
September 21, 2010
ITEM
South Miami
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Subiect
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Mixed Use - Affordable Housing (Two story)" which
in the future could be applied to development projects providing affordable housing
units and commercial uses; providing an effective date; providing for severability,
providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The South Miami Community Redevelopment Board at its August 9, 2010 received a
report from the Agency Director proposing that the Planning and Zoning Department be
concerning the Madison Square development site. The overall purpose of the agenda item
was to allow implementation of the Madison Square project, a primary objective of the
CRA and its affordable housing program.
During the meeting the Board members expressed concern that the proposed re- zoning
and the existing land use map category still contained a height maximum, that was too
high to be compatible with the surrounding community. The CRA Board authorized
Board member (Commissioner) Beasley to meet with the Planning and Zoning
Department in order to come up with an alternative land use category and zoning district
which would be more compatible with the neighborhood.
LEGISLATIVE BACKGROUND
The final adoption of the Comprehensive Plan Evaluation and Appraisal Report Based
Text Amendments was first approved by the City in August 2007 and sent to DCA. The
document adopted in 2007 contained the proposed Future Land Use Category entitled
"Neighborhood Center /Mixed Use District (Four Story)" which was to be used for the
Madison Square project area. It proposed that the development allowed could have 60
units per acre, four stories and a 2.0 floor are ratio. The Florida Department of
Community Affairs (DCA) in January 2008 did approve Evaluation and Appraisal Report
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Based Text Amendments with some minor changes and advised the City that it must
adopt the report by ordinance on final second reading.
The City Commission tried on several occasions in 2008 -2009 to formally adopt the
second reading ordinance for the amendments. The primary reason for the delay was a
disagreement on the standards and applicability of the proposed Future Land Use
Category "Neighborhood Center/Mixed Use District (Four Story)" to the Madison
Square project area. The City Commission in July 2009 removed the proposed future land
use category from its own Evaluation and Appraisal Report Based Text Amendments
(Ord. No. 13-09-2005). In 2010 the Commission then proceeded to adopt the entire report
(Ord. No. 09 -10- 2034). The Evaluation and Appraisal Report Based Text Amendments
was found sufficient by the Florida Department of Community Affairs in June, 2010.
NEW FUTURE LAND USE CATEGORY
The Planning and Zoning Department working with Commissioner Beasley has prepared
a new Future Land Use Category which could meet the needs of the Madison Square
Project and the concerns expressed by Commissioners and other residents. The following
parameters were used to develop the category.
(1) The new land use category must incorporate the two basic objectives of the
project, affordable housing and a mix of businesses serving the community. These
elements put together are mixed use and will form a neighborhood center.
(2) The density of commercial development should be half of what is allowed in the
downtown area, which is a 0.80 floor area ratio.
(3) The residential density should remain at 24 units per acre which is the maximum
permitted by the current land use category. The housing type should be clearly
defined as affordable housing.
(4) The maximum height permitted by the new land use category should be two
stories which is compatible with all abutting properties.
The attached "Mixed Use - Affordable Housing" (Exhibit A) category is the proposed
future land use map amendment. If the attached land use category is approved and
adopted by the City Commission, the City can then proceed to change the Future Land
Use Map by applying this category over the Madison Square project.
LOCAL PLANNING AGENCY ACTION
The Local Planning Agency at its August 31, 2010 meeting after public hearing approved
a motion by a vote of 7 ayes 0 nays recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the Comprehensive Plan Future Land Use Element be amended
by approving the attached proposed "Mixed Use - Affordable Housing (Two Story)' as a
future land use map category.
Attachments:
Attachment A "; Planning Department Staff Report 8-31-10; LPA Minutes Excerpt 8-31-10; CRAStaffreport&9 110
TJV /SAY XAComm Items\2010 \9 -21 -10 \Comp Plan W -All Text CM Report.doc
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I
ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Mixed Use - Affordable Housing (Two story)" which
in the future could be applied to development projects providing affordable housing
units and commercial uses; providing an effective date; providing for severability,
providing for 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's approved Evaluation and Appraisal Report adopted by
the City Commission on January 5, 2006 via Ordinance No.01 -06 -1869 and approved by
the Florida Department of Community Affairs on May 19, 2006, recommends that a
Future Land Use Map category and a new zoning use district be created in order to used
for the Madison Square Development project which will incorporate both affordable
housing and commercial /retail uses
WHEREAS, the Local Planning Agency has been requested by the City
Redevelopment Agency to consider a revised Future Land Use Map category entitled
"Mixed Use - Affordable Housing" to be incorporated into the Comprehensive Plan Future
Land Use Element; and
WHEREAS, a Future Land Use Amendment which implements affordable
housing programs is considered a small scale amendment pursuant to FS. 163.3187(1)(c
)(f); and
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
August 31, 2010, after public hearing, adopted a motion by a vote of 7 ayes and 0 nays
recommending that the revised Future Land Use Map category entitled "Mixed Use -
Affordable Housing (Two Story)" as set forth in Exhibit "A" should be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency and enact the aforesaid amendment.
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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 "Mixed Use - Affordable Housing (Two Story)" as shown on attached
Exhibit "A" to be incorporated into the Comprehensive Plan Future Land Use Element
Section 2. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. 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 4. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this _ day of 2010
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
APPROVED:
MAYOR
1St Reading:
2nd Reading
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Z: \Comm Items\2010 \9 -21 -10 \Comp Plan Amend MU -AH Ord numbered.doc
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EXHIBIT "A"
Proposed Amendment
South Miami Comprehensive Plan
Chapter 1 Future Land Use Element
FUTURE LAND USE MAP CATEGORY
Mixed Use- Affordable Housing (Two Story)
The Mixed Use - Affordable Housing future land use map category is intended to
allow for a mixed use project which combines special housing (defined as affordable
housing) and a compatible mix of retail, office, business or professional services and
cultural/entertainment in a unified cohesively designed development. Such
developments shall respect the existing street grid by including multiple parcels on
adjacent blocks including those bisected by public rights -of- way.
Permitted heights, densities, and intensities shall be set forth as part of a
corresponding zoning use district in the Land Development Code subject to the
following maximum.levels of development: minimum lot size of 1.0 acre, maximum
building height of two stories, maximum F.A.R. of 0.80, maximum residential
density of 24 units /acre.
The affordable housing component shall occupy a minimum of 75% of the gross
floor area of the development (excluding parking). Residential uses may be located
on any floor, while retail, office, business or professional services and cultural/
entertainment uses shall be restricted to the ground floor.
For the purpose of this Future Land Use Map category the residential component of
a developments shall be limited to housing units which service the low to moderate
income segment of the affordable housing group as defined by the U.S. Department
of Housing and Urban Development.
X: \Gomm Items\2010 \9 -21 -10 \Comp Plan Amend Exhibit A MU -AH (2010).doc
EXHIBIT "A"
Proposed Amendment
South Miami Comprehensive Plan
Chapter 1 Future Land Use Element
FUTURE LAND USE MAP CATEGORY
Mixed Use- Affordable Housing (Two Story)
The Mixed Use - Affordable Housing future land use map category is intended to
allow for a mixed use project which combines special housing (defined as affordable
housing) and a compatible mix of retail, office, business or professional services and
cultural/entertainment in a unified cohesively designed development. Such
developments shall respect the existing street grid by including multiple parcels on
adjacent blocks including those bisected by public rights -of- way.
Permitted heights, densities, and intensities shall be set forth as part of a
corresponding zoning use district in the Land Development Code subject to the
following maximum levels of development: minimum lot size of 1.0 acre, maximum
building height of two stories, maximum F.A.R. of 0.80, maximum residential
density of 24 units /acre.
The affordable housing component shall occupy a minimum of 75% of the gross
floor area of the development (excluding parking). Residential uses may be located
on any floor, while retail, office, business or professional services and cultural/
entertainment uses shall be restricted to the ground floor.
For the purpose of this Future Land Use Map category the residential component of
a developments shall be limited to housing units which service the low to moderate
income segment of the affordable housing group as defined by the U.S. Department
of Housing and Urban Development.
K \Comm 1tems\2010\9 -21-10 \Comp Plan Amend Exhibit A MU -AH (2010).doe
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To: Honorable Chair and____ Date: August 9, 2010
SMCRA Board Members p
From: Stephen David, ITEM No. A�
SMCRA Director REQUEST FOR CHANGES A
REQUEST FOR CIIAN'GES IN LAND -
USE AND ZONING FOR THE
PROPOSED MADISON SOUARE SITE
Resolution
A resolution of the South Miami Community Redevelopment Agency ( SMCRA) relating to
land acquisition and property disposition; authorizing the SMCRA Director to submit a
Comprehensive Plan Land -Use Map and Zoning request to the South Miami Planning &
Zoning Department for a Future Land Use Map amendment from "Single - Family
Residential' to "Mixed -Use Commercial Residential" for three (3) Agency owned land
parcels located within the proposed Madison Square Mixed -Use Development Site and for
a required zoning change from the "NR" (Neighborhood Retail) to "SR" (Specialty Retail)
for the entire Madison Square Mixed -Use Development Site to facilitate redevelopment of
an existing Agency owned 1.9 acre blighted property assemblage; and providing an
effective date
The construction of the proposed Madison Square Project is referred to in the Agency's adopted
redevelopment plan as a prime means of stimulating revitalization efforts in. the Community
Redevelopment area and as a way to create a sustainable redevelopment "anchor" on the north
end of Church Street (SW 59`h Place). On October 7, 2006, the SMCRA Board subsequently
authorized execution of a 2.73 Million Dollar loan agreement required to purchase properties
needed to develop the proposed Madison Square Project. The Agency subsequently acquired
approximately 1.9 acres of blighted properties intended for the proposed mixed -use
redevelopment project. A map of the proposed site has been attached as Exhibit A and a map
indicating the current use of surrounding properties is attached as Exhibit B.
Also contained in the adopted redevelopment plan are several references to the existing
inconsistencies between the current land -use designation for the site and the corresponding
zoning district. Inconsistencies cited include the fact that the existing land -use designation for the
site currently allows for mixed -use residential development whereas the underlying zoning
district allows no residential development. The redevelopment plan goes on to state that these
issues must be resolved prior to development of the proposed site.
Approval of the attached resolution will authorize the Community Redevelopment Agency to
submit a request for zoning change and land -use change to the City's Planning Department to
achieve land -use consistency for the entire site and to allow for development of the project.
Pending approval, the following formal requests will be transmitted to the Planning Department:
® A request for zoning change for the entire site from "NR" Zoning to "SR" Zoning; and
® A request for future land -use map change for three parcels from "Single - Family
Residential" to "Mixed -Use Commercial Residential"
Maps depicting indicating the two proposed land areas for the request have been attached as
Exhibits C and D.
The above listed zoning request from the NR (Neighborhood Retail) District to the SR (Special
Retail) district will allow residential development which is currently not permitted in the existing
zoning district. The maximum residential density of the SR District is 24 dwelling units per acre.
The only other significant difference between the two districts is the fact that the SR zone has a
height limitation of up to four stories and somewhat higher commercial density. It should be
noted that the City Commission would the ultimate determinant of project height at this location
and that a condition of approval specifying maximum height limitations for the project may be
included by the either SMCRA Board or the City Commission in the actual motion to approve
the aforementioned zoning change.
The above referenced future land -use map change relates to three land parcels only. These three
properties were purchased by the Agency following the initial identification of the site
boundaries. Each of the three properties are located directly adjacent to the proposed Madison
Square site and have been previously suggested by the Board to be included in the proposed
development footprint. If included in the project, these three parcels will require a land -use
change to make then consistent with the land -use designation of remainder of the site which is
currently "Mixed -Use Commercial Residential ". The request to the Planning Department would
be that the land -use on these three parcels be changed to the same future land -use map
designation (Mixed -Use Commercial Residential) as is the remainder of the site.
Pending authorization to initiate the requests by the SMCRA Board, both land -use requests will
be submitted to the Planning Department and subsequently be scheduled for hearings by the
Planning Board and City Commission for final approval.
Recommendation
Staff recommends approval of the attached resolution authorizing the SMCRA Director to
submit the aforementioned future land -use map and zoning change requests to the South Miami
Planning & Zoning Department to facilitate a land -use change from "Single - Family Residential"
to "Mixed -Use Commercial Residential" and a zoning change from the "NR" District
(Neighborhood Retail) to the "SR" District (Specialty Retail) to facilitate development of the
proposed Madison Square Redevelopment site.
Attachments:
Map of Proposed Site and Surrounding Properties
Map Indicating Request for Land -Use Change
Map Indication Request for Zoning Change
SDMCGRUFF\PLANNING\ Authorization to Submit a Request for Land -Use and Zoning Change for the Proposed Madison Square Site.doc
PROPOSED MADISON SQUARE DEVELOPMENT SITE
South Miami Community Redevelopment Agency Area
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