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24To: Via: From: Date: 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 au•pmericaM ®' 2001 Subject 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 2 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 Excerpt8- 31 -10; CRA Staff report 819110 TJV /SAY X: \Comm Items\2010 \9 -21 -10 \Comp Plan MU -AH Text CM Report.doc I 1 ORDINANCE NO. _ 2 3 An Ordinance of the Mayor and City Commission of the City of South Miami, 4 Florida, amending the text of the South Miami Comprehensive Plan, by amending 5 the Comprehensive Plan Future Land Use Element in order to adopt a new future 6 land use map category entitled "Mixed Use- Affordable Housing (Two story)" which 7 in the future could be applied to development projects providing affordable housing 8 units and commercial uses; providing an effective date; providing for severability, 9 providing for ordinances in conflict; and providing an effective date. 10 11 WHEREAS, the Florida Legislature intends that local planning be a continuous 12 and 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 16 changing conditions and state policies and rules; and 17 18 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to 19 adopt needed amendments to ensure that the plan provides appropriate policy guidance 20 for growth and development; and 21 22 WHEREAS, the City's approved Evaluation and Appraisal Report adopted by 23 the City Commission on January 5, 2006 via Ordinance No.01 -06 -1869 and approved by 24 the Florida Department of Community Affairs on May 19, 2006, recommends that a 25 Future Land Use Map category and a new zoning use district be created in order to used 26 for the Madison Square Development project which will incorporate both affordable 27 housing and commercial /retail uses 28 29 WHEREAS, the "Local Planning Agency has been requested by the City 30 Redevelopment Agency to consider a revised Future Land Use Map category entitled 31 "Mixed Use - Affordable Housing" to be incorporated into the Comprehensive Plan Future 32 Land Use Element; and 33 34 WHEREAS, a Future Land Use Amendment which implements affordable 35 housing programs is considered a small scale amendment pursuant to FS. 163.3187(1)(c 36 )(f); and 37 38 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on 39 August 31, 2010, after public hearing, adopted a motion by a vote of 7 ayes and 0 nays 40 recommending that the revised Future Land Use Map category entitled "Mixed Use - 41 Affordable Housing (Two Story)" as set forth in Exhibit "A" should be approved; and 42 43 WHEREAS, the City Commission desires to accept the recommendation of the 44 Local Planning Agency and enact the aforesaid amendment. 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 2 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 lst Reading: 2nd Reading COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Z: \Comm Items\20 1 0\9-21 - I Momp Plan Amend MU -AH Ord numbered.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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: \Comm Items\2010 \9 -21 -10 \Comp Ptan Amend Exhibit A MU -AH (2010).doe 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. XXomm Items\2010 \9 -21 -10 \Comp Plan Amend Exhibit A MU -AH (2010).doe "9 y 2061 wo,`.ing our PJFiyhbonhoed a Gr:-r,: %ern to ;we, !✓ock ¢oe Pic; ' To: Honorable Chair and____„ Date: August 9, 2010 SMCRA Boa, d Members From: Stephen David, ITEM No. SMCRA Director AUTHORIZATION TO SUBMITA REQUEST FOR CHANGES IN LAND- USE AND ZONING FOR THE PROPOSED MADISON SQUARE 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 59a` 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 SD/MCGRUFF\PLANNING\ Authorization to Submit a Request for Land -Use and Zoning Change for the Proposed Madison Square Site.doc CITY OF SOUTH MIAMI LOCAL PLANNING AGENCY Regular Meeting Meeting Minutes Tuesday, August 31, 2010 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:34 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, Mrs. Young, Mr. Whitman, Mr. Farfan and Mrs. Beckman. Board members absent: Mr. Cruz and Mr. Morton 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). City Attorney: Mr. Feingold III. Administrative Matters: Mr. Youkilis informed the Board that there will be a special meeting Thursday, September 9, 2010. The meeting was at the request of the CRA to help start the procedure to change the Land Use structure. Mr. Whitman questioned when the Board could expect the next Land Use map amendments. Mr. Vageline responded that some of them are small scale amendments, which are being brought forward as quickly as they could be produced. Large scale amendments can only be processed twice a year. Local Planning Agency August 31, 2010 Page 2 of 5 Mr. Whitman questioned what the difference is between a large and small scale amendment. Mr. Vageline replied that small scale amendments are usually Future -Land Use Map amendments that are less than ten acres in size or contain affordable housing requirements. Small scale amendments are processed by coming to the LPA then to City Commission for first and seconded reading then to DCA then it is done. He commented that the large scale amendments come to the Local Planning Agency and go to the City Commission as first reading of an ordinance. Then it is sent to DCA for comments and returns to the City Commission for two more readings then back to DCA. A large scale amendment is more than ten acres in size or any text amendments. IV. Planning Board Applications/Public Hearings PB -10 -023 Applicant: City of South Miami 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. Action: Mrs. Yates read the item into the record. Mr. Youkilis informed the Board that the item comes as a request from the South Miami Community Redevelopment Agency (CRA). This is to begin the process of changing the Future Land Use Map and Zoning District for the Madison Square area. The area has been designated an affordable housing site by the City for many years. In the past two years, the applicant has taken action on attempting to change the Future land Use Map and the Zoning of the area. None of them were adopted or included in the EAR Based Text amendment document that was recently approved by DCA. It is being brought back so that the process could be restarted. Even though it is a text amendment to create a new category, it is still considered a small scale amendment because it is related to affordable housing. On August 9, 2010, the CRA did propose a change to the Future Land Use Map and the zoning because the current maximum permitted building height was too tall to be compatible to the surrounding community. The Board did not act on the proposal; however, they asked that Commissioner Beasley work with the Planning and Zoning Department to try to develop a future land use category and zoning district language that would respond to the wishes of the CRA Board. Staff is currently starting to implement a number of those changes and has been working with Commissioner Beasley preparing a new land use category which should meet the needs of the Madison Square project and the residents. On page two (1 -4) the land use category must include affordable housing and a mix of business. The elements include the density of commercial development should be half of what is allowed in the downtown area or a floor area ratio of 0.80. 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 Local Planning Agency August 31, 2010 Page 3 of 5 affordable housing and the maximum height permitted by the new land use category should be two stories. The name of the category is Mixed Use - Affordable Housing (Two Story). Mixed Use — Affordable Housing should include: 1. 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. 2. 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: a. minimum lot size of 1.0 acre; b. maximum building height of two stories; C. maximum F.A.R. of 0.80; and d. maximum residential density of 24 units /acre. 3. 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. 4. For the purpose of this Future Land Use Map category the residential component of a development 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. Staff recommends that the Planning Board amend the Comprehensive Plan by approving the attached proposed "Mixed Use - Affordable Housing" as a future land use map category. Mrs. Young questioned the term Mixed Use - Special Housing. Mr. Youkilis responded that it was a typo and should be titled Mixed Use - Affordable Housing. She questioned on page 1 under Summary Request if the term should be considered present tense or past tense. Mr. Youkilis responded that the Zoning is NR, but staff suggested SR. The Board wanted stricter guidelines so it was rewritten. Mrs. Young questioned if Madison Square was taken out was the entire report submitted. Mr. Youkilis responded yes. She then recommended taking out the word "entire ". Local Planning Agency August 31, 2010 Page 4 of 5 She questioned under PB- 10 -23, if the term `which in the future" could be applied to future projects. Mr. Youkilis responded it could be applied to some areas like Madison Square that require another step. Mrs. Beckman questioned if Madison Square was in mind when this category was being designed. She commented that since the EAR has an affordable housing category how it coincides. Mr. Whitman responded that is not in the land use category. Mr. Youkilis commented that in the EAR amendment it is noted that the city needs to develop a certain number of affordable housing units and it has been set as an inspirational goal. Mr. Youkilis informed the Board that the project will be limited due to the acres per unit maximum. Mrs. Beckman questioned the retail and office uses in the building and how does that work with parking. Mr. Youkilis responded that all retail and businesses must remain on the ground floor. Mr. Vageline replied that once the overall dimensional requirements are established, the project needs to be designed. There will be a portion that is retail. Then the parking needs to be located within the property. Mrs. Beckman questioned the seventy -five lot coverage and would that include twenty -five percent greenery. Mr. Youkilis responded that the seventy -five is the lot cover and at this level it is about height density and number of units. Mrs. Beckman recommended placing a measure for what is affordable housing. Mr. Youkilis commented that in 2005, the word affordable was used. He commented that now U.S. Department of Housing and Urban Development (HUD) has two categories: low and moderate income. Mrs. Yates commented that there should not be a number placed on the housing since the numbers change each year and throughout the county. The Chair opened the public hearing. No Discussion The Chair closed the public hearing. Motion: Mr. Farfan moved to approve the application as presented with the condition special housing be taken out. Mrs. Young seconded. Vote: 7 Ayes 0 Nays V. 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