29CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Buford R. "Randy" Witt, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: July 27, 2010 ITEM No. _
South Miami
M- MredcaCRY
'III®'
2ooi
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 Single - Family Residential (Two -
Story) to Parks and Open Space for the property identified as Van Smith Park
located at 7800 SW 59 Avenue (Folio No. 09- 4036 - 039 -0020 and Folio No. 09 -4036-
039- 0025); providing for severability; providing for ordinances in conflict; and
providing an effective date.
SUMMARY OF REQUEST
The subject application PB -10 -014 for a Comprehensive Plan Future Land Use Map
amendment is being initiated by the City in order to carry out amendments to the FLUM
which were recommended in the Evaluation and Appraisal Report which was adopted by
the City Commission in 2006. The subject property has a current Future Land Use iviap
designation of Single Family Residential (Two - Story). The property now owned by
the City will become a passive park with preservation of the natural habitat. The
appropriate Future Land Use Map Category will be Parks and Open Space.
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.
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:
2
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 City purchased the east one third of the property at 7800 SW 59 Avenue in 2003 for
the purpose of preserving the natural habitat. The purchase was expanded in 2005 to
include the remaining two thirds of the property which includes a single - family home.
The surviving Van Smith brother will be allowed to live in the home for the remainder of
his life, at which time that section of the site will be subject to the City making it a public
park.
PROPOSED AMENDMENT REVIEW
The subject proposed amendment for 7800 SW 59 Avenue (Van Smith Park) was listed
in the 2006 Evaluation and Appraisal Report which was adopted by Ordinance No. 01-
06 -1869 on January 5, 2006 and approved by the Florida DCA in May, 2006. The
Potential Future Land Use Map Amendments Chart (pp.12 -13) indicates that Van Smith
Park requires a change to the Parks and Open Space Category (see attached).
TTF ANALYSIS
Parcels
Comprehensive Plan
Existing Land Use
Category
Land Development
Code Existing Zoning
District
Actual Use
North
Single Family Residential
RS -3
Single family homes
East
Single Family Residential
RS -3
Single family homes
South
Single Family Residential
RS -3
Single family homes
West
Single Family Residential
RS -3
Single . family homes
1. Compatibility of Use: The property is located in the center of a single - family zoning
district. The creation of a public park and the preservation of the natural habitat is a
compatible land use.
2. Compatibility of Density/Height: The property size is 1.14 acres. The existing land
use map category and the existing zoning district would allow for a total of three one
or two story homes to be built if the property was re- platted and developed. The
proposed future land use map category will only allow for a passive park.
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
Level of Service (LOS): City Comprehensive Plan: 4 acres per 1000 pop.
A total of 1.14 acres will be added to City's recreation and open space inventory
which assists the City to maintain the required Level of Service.
Concurrency Fee - None
b) Schools
0 students; No impact.
c) Solid Waste
0 lbs /day; No impact.
d) Wastewater (Sewer)
0 gallons /per day; No impact
e) Potable Water
0 gallons /per day; No impact
f) Traffic /Streets
0 trips added; No impact
Capacity: sufficient: insignificant traffic, no impact on surrounding roadways.
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 To maintain and improve the City's neighborhoods, and the
quality of life of existing and future residents.
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adjacent uses shall be the major
determinant.
RECREATION AND OPEN SPACE ELEMENT
GOAL 1 To ensure the availability of adequate park facilities and open
space for citizens of South Miami.
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
4
current zoning district of "RS -3" Low- Density Residential will need to be changed to the
"PR ", Parks and Recreation Zoning District.
STAFF OBSERVATIONS
I. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan.
2. The proposed amendment was recommended in the 2006 Evaluation and Appraisal
Report.
3. The amendment is needed in order to accurately reflect the location of City parks on
the Future Land Use Map and to maintain and protect the City's inventory of
recreation and open space.
4. The land use amendment and a subsequent zoning district change will formally
recognize the City's efforts and citizen participation in assuring the expansion and
protection of natural habitats and green open space.
5. The impact of the proposed land use map category change will be insignificant as it
pertains to 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 6 ayes I
nay (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 "Single Family Residential ". Land Use Map category to the "Parks
and Open Space" category for 7800 SW 59 Avenue (Van Smith Park)
Attachments:
Draft Ordinance
Location map
EAR 2006 (pp. 12-13)
Planning and Zoning Dept. Report 7 -13 -10
Planning Board Minutes Excerpt 7 -13 -10
Copies of Public Notices
VVISAY
X'1Comm ltems12 01 01 7- 2 7- 101Comp Plan FLUMAmend van Smith Park CMReport.doc
I ORDINANCE NO.
2
3 An Ordinance of the Mayor and City Commission of the City of South Miami Florida,
4 amending the Future Land Use Map of the South Miami Comprehensive Plan by changing
5 the future land use category from Single- Family Residential (Two- Story) to Parks and
6 Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue
7 (Folio No. 09- 4036- 039 -0020 and Folio No. 09- 4036 - 039 - 0025); providing for severability;
8 providing for ordinances in conflict; and providing an effective date.
9
10
11 WHEREAS, Application PB -10 -014 is a. request for a Comprehensive Plan Future
12 Land Use Map Amendment being initiated by the City in order to amend the Future Land Use
13 Map of the South Miami Comprehensive Plan for property identified as Van Smith Park located
14 at 7800 SW 59 Avenue from the category Single Family Residential (Two -Story) to Parks and
15 Open Space; and
16
17 WHEREAS, The City of South Miami purchased the property at 7800 SW 59 Avenue
18 in 2003 and 2005 for the purpose of preserving the natural habitat; and
19
20 WHEREAS, The proposed amendment for 7800 SW 59 Avenue (Van Smith Park)
21 was listed in the 2006 Evaluation and Appraisal Report which was adopted by Ordinance No. 01-
22 06 -1869 on January 5, 2006 and approved by the Florida DCA in May, 2006, and which
23 document sets forth a chart entitled Potential Future Land Use Map Amendments (pp.12 -13)
24 indicating that Van Smith Park requires a change to the Parks and Open Space Category; and
25
26 WHEREAS, the Planning and Zoning Department staff in a report dated July 13,
27 2010 recommended approval of the proposed amendment based upon observations that the
28 amendment is needed in order to accurately reflect the location of City parks on the Future Land
29 Use Map, the need to maintain and protect the City's inventory of recreation and open space, and
30 that the proposed amendment was recommended in the 2006 Evaluation and Appraisal Report;
31 and
32
33 WHEREAS, on July 13, 2010, after Public Hearing regarding the proposed
34 amendment, the Local Planning Agency recommended approval of the application by a vote of
35 7 ayes 0 nays; and
36
37 WHEREAS, the City Commission desires to accept the recommendation of the Local
38 Planning Agency and enact the aforesaid amendment.
39
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
43
44 Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is
45 hereby amended by changing the Future Land Use Map category from Single Family Residential
46 (Two -Story) to Parks and Open Space on property identified as Van Smith Park located at 7800
47 SW 59 Avenue.
48
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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:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
APPROVED:
MAYOR
I" Reading —
2ad Reading —
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items \2010 \7 -27 -10 \Comp Plan FLUM Amend Van Smith Park Ord.doc
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City of South Miami 2006 Evaluation and Appraisal Report
In addition to the need for the creation of additional districts, there are a number of areas
where the Future Land Use and/or zoning designations need to be amended to: ensure
consistency between Future Land Use and zoning; provide for a more logical distribution
of land uses; provide appropriate transitions between neighborhoods and uses, and; reflect
existing land uses. Proposed amendments to the Future Land Use Plan Map and /or Zoning
Map are detailed on Table II.A.2. and identified on Figure II.A.3. Please note that such
amendments are only proposed, and would not be enacted until the subsequent EAR -based
amendment process and /or through related revisions to the land development regulations.
Some of these recommendations are based on discussions that have taken place in previous
planning and public participation processes, while others are based on consideration of
suggestions by citizens, property owners, and/or staff. Additional amendments and
revisions that are not noted on Table II.A.2. or Figure II.A.3. might be proposed during the
EAR -based amendments or update of the land development regulation.
Table II.A.2. Potential Future Land Use Plan Map and Zoning Map Amendments
Figure
Potential Future
Potential Zoning Map Amendment
II.A.3.
Land Use Plan Map Amendment
Location
Identifier
1.
Change Mixed Use
Change LO (Low Intensity Office) and
Commercial/Residential to a
NR (Neighborhood Retail) to a new
category that allows for current or
district that allows for current or
existing uses plus mixed -use
existing uses plus mixed -use
commercial/residential, offices, or
commercial/residential, offices, or
townhomes (limited to two stories).
townhomes with buildings limited to
two stories and appropriate rear
setbacks to protect the residential area.
2.
Change Mixed Use
Change NR (Neighborhood Retail) to a
Cominercial/Residential to a Mixed
new Mixed Use District that includes
Use category that includes
Commercial/ Office /Residential and
Commercial/ Office /Residential and
Neighborhood Center /Cultural uses,
Neighborhood Center /Cultural uses,
limiting to 2 stories with adequate
limiting to 2 stories with adequate
setbacks to protect the residential
setbacks to protect the residential
areas.
areas.
3.
No change
RS -3 (Single Family Residential)
regulations require larger lots than are
platted. Consider amending to RS -4 to
reduce non-conforming lots.
12
C
City of South Miami 2006 Evaluation and Appraisal Report
Table II.A.2. Potential Future Land Use Plan Map and Zoning Map Amendments
continued
F'paure
Potential Future
Potential Zoning Map Amendment
II.A.3.
Land Use Plan Iran Amendment
Location
Identifier
4.
No change
Change RT -6
(Townhouse Residential) and RS -3
(Low Density Residential) to a
Planned Unit Development Category
5.
No Change
Change TODD -LI (Transit Oriented
Development — Light Industrial) to
TODD MU -4 (Transit Oriented
Development Mixed Use — 2 stories)
6.
Change TODD and Mixed Use
Change MO (Medium Intensity
Commercial/Residential to TODD
Office) and TODD MU -4 Transit
in its entirety
Oriented Development Mixed Use (up
to two stories) to TODD MU -5 (Up to
eight stories with bonuses
7.
Change Mixed Use
Change SR (Specialty Retail) and NR
Commercial/Residential (Four
(Neighborhood Retail) to a new
stories) to a new Hometown Center
Hometown Zoning District (refined)
Future Land Use District
8.
Change Mixed Use
Remove Hometown District Overlay
Residential/Commercial to Multi -
Family Residential
9.
Change the parcels east of SW 57
_
Change the parcels east of SW 57 Ct.
Ct. designated Single Family
designated RS -3 (Single Family
Residential to. RO (Residential
Residential) to RO (Residential
Office) or a new Office designation
Office) or a new Office designation
L0.
Change Single Family Residential
Change from RS -3 (Single Family
to POS (Parks and Open Space) to
Residential) to P &R (Parks and
reflect the locations of (a.) Van
Recreation)
Smith Park and (b.) All American
Park
IT.
No Change
Change from RS -4 to RS -5 in order to
address non- conforming lots
12.
No Change
Study the CRA parcels in the TODD -
MU -4 area (to the north and west of
Area No. 5) as possible consideration
for a residential development
compatible with affordable housing.
13
To: Honorable Chair & Local
Planning Agency Members
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: July 13, 2010
Re: Comprehensive Plan Future
Land Use Map Amendment: 7800
SW 59 Ave.
PB -10 -014
Applicant: City of South Miami
Location: 7800 SW 59 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 Single- Family Residential (Two - Story) to Parks and
Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue
(Folio No. 09- 4036 - 039 -0020 and Folio No. 09- 4036 - 039 - 0025); providing for severability;
providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application PB -10 -014 for a Comprehensive Plan Future Land Use Map amendment
is actually being initiated by the City in order to carry out amendments to the FLUM which were
recommended in the Evaluation and Appraisal Report which was adopted by the City
Commission in 2006. The subject property has a current Future Land Use Map designation of
Single Family Residential (Two - Story). The property now owned by the City will become a
passive park with preservation of the natural habitat. The appropriate Future Land Use Map
Category will be Parks and Open Space.
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 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
compliance protest is filed within a specified time period.
The review process for a Comprehensive Plan Future Land Use Map amendment differs from the
Future Land Use Map Amendment
7800 SW 59 Ave.
Judy 13, 2010
Page 2 of 4
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 City purchased the east one third of the property at 7800 SW 59 Avenue in 2003 for the
purpose of preserving the natural habitat. The purchase was expanded in 2005 to include the
remaining two thirds of the property which includes a single - family home. The surviving Van
Smith brother will be allowed to live in the home for the remainder of his life, at which time that
section of the site will be subject to the City making it a public park.
PROPOSED AMENDMENT REVIEW
The subject proposed amendment for 7800 SW 59 Avenue (Van Smith Park) was listed in the
2006 Evaluation and Appraisal Report which was adopted by Ordinance No. 01 -06 -1869 on
January 5, 2006 and approved by the Florida DCA in May, 2006. The Potential Future Land Use
Map Amendments Chart (pp. 12-13) indicates that Van Smith Park requires a change to the Parks
and Recreation Category (see attached).
QTTT A XT A T VQTQ
Parcels
Comprehensive Plan
Existing Land Use
Cate ory
Land Development Code
Existing Zoning District
Actual Use _
North
Single Family Residential
RS -3
Single family homes
East
Single Family Residential
RS -3
Single family homes
South
Single Family Residential
RS -3
Single family homes
West
Single Family Residential
RS -3
Single family homes
1. Compatibility of Use: The property is located in the center of a single - family zoning
district. The creation of a public park and the preservation of the natural habitat is compatible
land use.
2. Compatibility of Density/Height: The property size is 1.14 acres. The existing land use map
category and the existing zoning district would allow for a total of. five one or two story
homes to be built if the property was re- platted and developed. The proposed future land use
map category will only allow for a passive park.
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.
Future Land Use Map Amendment
7800 SW 59 Ave.
July13, 2010
Page 3 of 4
a) Park/Recreation Facilities
Level of Service (LOS): City Comprehensive Plan: 4 acres per 1000 pop.
A total of 1.14 acres will be added to City's recreation and open space inventory which
assists the City to maintain the required Level of Service.
Concurrency Fee - None
b) Schools
0 students; No impact.
c) Solid Waste
0 lbs /day; No impact.
d) Wastewater (Sewer)
0 gallons /per day; No impact
e) Potable Water
0 gallons /per day; No impact
f) Traffic /Streets
0 trips added; No impact
Capacity: sufficient: insignificant traffic, no impact on surrounding roadways.
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 1 To maintain and improve the City's neighborhoods, and the quality of life
of existing and future residents.
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map,
compatibility with adjacent uses shall be the major determinant.
RECREATION AND OPEN SPACE ELEMENT
GOAL I To ensure the availability of adequate park facilities and open space for
citizens of South Miami.
FUTURE REZONING
The approval of the proposed Future Land Use Map amendment is a pre - requisite for a fixture
zoning district change, which will implement the Future Land Use Category. The current zoning
district of "RS -3" Low- Density Residential will need to be changed to the "PR ", Parks and
Recreation Zoning District.
Future Land Use Map Amendment
7860 SW 59 Ave.
July 13, 2010
Page 4 of 4
STAFF OBSERVATIONS
1. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan.
1 The proposed amendment was recommended in the 2006 Evaluation and Appraisal Report.
3. The amendment is needed in order to accurately reflect the location of City parks on the
Future Land Use Map and to maintain and protect the City's inventory of recreation and open
space.
4. The land use amendment and a subsequent zoning district change will formally recognize the
City's efforts and citizen participation in assuring the expansion and protection of natural
habitats and green open space.
5. The impact of the proposed land use map category change will be insignificant as it pertains
to 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 "Single Family Residential ". Land Use Map category to the "Parks and
Open Space" category for 7800 SW 59 Avenue (Van Smith Park) be approved.
Attachments:
Location map
EAR 2006, pp. 12-13)
Copies of Public Notices
TN/ /SAY
X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \7- 13- 10\PB -10 -014 COMP PLAN Amend. Van Smith Ln.doc
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 -014
Applicant: City of South Miami
Location: 7800 SW 59 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 Single - Family Residential (Two - Story) to Parks and
Open Space for the property identified as Van Smith Park located at 7800 SW 59 Avenue
(Folio No. 09- 4036- 039 -0020 and Folio No. 09- 4036 - 039 - 0025); providing for severability;
providing for ordinances in conflict; and providing an effective date.
Action: Mr. Morton read the item into the record.
Planning Board Meeting
June 15, 2010
2
Mr. Youkilis stated that the City's official Future Land Use map shows the property as Single -
Family Residential. The city bought the first parcel in 2003 and the second parcel in 2005. In
order to be correct on the map it needs to be changed to Parks and Open Space. When the city
bought the property it was indicated that the lot will be a natural habitat. The property has 1.14
acres and buildings could be built if the city wanted to sell the land. The change to the Parks and
Open Space guarantees into the future that the property will not become a development site for
single - family homes and it will become a park with open space area. For any further questions
the Parks and Recreations Director is available. Mr. Youkilis commented that there will not be
any impact on schools, solid waste, wastewater (sewer), potable water and traffic /streets. The
amendment is compatible with the current goals and policies of the city. In some future date the
zoning will need to be changed to PR, since it is not Single - Family residence. Currently on the
property is a home, where one of a member of the Van Smith family resides. Staff recommends
the Future Land Use Map change to the Parks and Open Space category.
Mr. Morton questioned while having an individual living on the property how this affect the
park. Mr. Youkilis replied that as long as Mr. Van Smith is living on the property it will remain
as is, but once he has left the property it will become a natural preserve park.
Mr. Youkilis commented that the All America and the Van Smith Park are included in the EAR
document that was adopted in 2006. The document listed twelve map changes that need to be
done.
Mrs. Beckman questioned what the process is for the four items. Mr. Youkilis responded that
two are from the EAR and it was recognized that they needed to be adjusted. A recent City
acquisition of a new park is third. The process includes a Planning Board hearing, a City
Commission hearing and then it has to be sent to the Department of Community Affairs.
Mr. Morton questioned when will the zoning change occur. Mr. Youkilis responded that the
zoning change will be scheduled at a later date for the Planning Board.
Mr. Cruz questioned if the Van Smith parcel of the property was bought from the family. Mr.
Youkilis commented that according the records the first parcel was bought in 2003 and the
second that is the west side of the property was bought in 2005.
The Chair opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Bob Welsh 7437 SW 64 Court Opposes
Mr. Welsh commented that he was present at the meeting to represent adjacent neighbor
Francine Delgado, who lives in 5961 SW 79 Street. He commented that the park would have
drinking fountains that would attract homeless individuals. She is also afraid that those people
will set up camp there. Ms. Delgado is concerned with the amount of people in the park and the
events in the park. Mr. Welsh commented that the neighbors want minimal impact to adjacent
residents.
Planning Board Meeting
June 15, 2010
ki
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Tami Guttier 5960 SW 78 Street Oppose
Ms. Guttier commented that she would like additional information in regards to the park. Since
this was the first time she heard that property was going to be changed into a park. She
commented she had many incidences with the resident living on the property. Ms. Guttier
commented that there needs to be more details such as, what type of liability will be in place.
NAME ADDRESS SUPPORT/OPPOSE PROJECT
Miguel De la Rosa 5949 SW 79 Street Support
Mr. De la Rosa stated that his residence is just south of the property. His biggest concern is the
safety of the location. He is very curious to know the details such as, will there be building
structures for human use. He commented that when going back to the map that was illustrated
on the PowerPoint you will see that the larger view the two lots there has been many incidences
that people have been trespassing on to our properties.
Mr. Cruz questioned if the resident was supported or opposed the project. Mr. De la Rosa
responded that he supported the change.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Lauren Nobles 5980 SW 79 Street Support
Ms. Nobles commented that she lives in front if Francine Delgado. She further commented that
when Mr. Horace Feliu was mayor there were similar issues. Ms. Nobles commented that from a
certain location in the park you can see inside Ms. Delgado's bedroom and Mr. De la Rosa home
as well. She commented that Hammock House was an idea that was brought up and the residents
needed to be informed. She further commented that there was a homeless person living in a
vacant home near her property for months so imagine if this were created into a park. Ms. Nobles
commented that parking on the swale is a dangerous idea and there is a resident on the property,
which is a liability.
Mr. Cruz questioned if the resident supports or opposed the project. Ms. Nobles replied that she
supports the change, but there are certain issues that need to be addressed.
NAME ADDRESS SUPPORT/OPPOSE PROJECT
Maria Stout -Tate (City) Support
Ms. Stout -Tate (Director of Parks and Recreation) informed the Board that a survey will be
developed to allow the neighbors from that area to voice their concerns and what they would like
to see. When the property was purchased, it was purchased to be kept as a nature preserve, to
have trails to look at all the different species on the property. She commented that she would like
to place fences, windscreens and more shrubs to create a division with the neighbors of that area.
As of this moment, there is no determination to build anything on the property. There has been
talk that the structure could be rehabilitated to become a nature museum to bring students to
Planning Board Meeting
June 15, 2010
M
observe nature, similar to Tropical Fair Child Gardens. In the future, there will be a fence around
the house, to protect the owner. There is a recreation supervisor that always watches on the area.
Mrs. Yates questioned if the current lot is open as a park. Mrs. Stout -Tate commented that it is
open and Mr. Van Smith created a barrier around his property. Mrs. Yates suggested that for
safety reasons there needs to be a barrier created to distinguish between private and public
property. She questioned if any changes were made to the building, does that go through a full
site plan process. Mrs. Stout- Tate responded yes.
Mrs. Yates commented if the deed that was transferred stated that the area was to stay as a nature
preserve. She further commented that no matter what happens tonight, if it is written in the deed
that is what it is going to become. Mrs. Yates suggested the City Attorney to look at the property
to see if it will become a Nature Preserve.
Mrs. Stout -Tate commented that Miami -Dade Water and Sewer, is very interested in
participating with the park since this park has a variety of rare species. She further commented
that the Parks and Recreation Department is going to apply for grants, which would require a
conservation use on the property that would give more protection.
Mrs. Yates complimented that Van Smith family, but there is a need for regulations to protect the
neighborhood and owner. Mrs. Yates questioned if park is going to be open only to the residents
of the neighborhood. Mrs. Stout -Tate responded yes and there will be a site plan review process.
Mr. Cruz questioned if the owner of the house parcel was bought, what was the agreement for
the individual to stay living on the property. Mrs. Stout -Tate responded that he takes care of his
portion of the property and even hired a biologist to label the species of the plants.
Mr. Cruz questioned how the public could distinguish the difference between the private and
public property. Mrs. Stout -Tate replied that the public could walk in the area that it will have
trails.
Mr. Whitman questioned which parcel is considered public. Mr. Youkilis responded that the
house is on the large parcel to the west.
Mrs. Young questioned what a passive park is and could children come to the park to observe.
Mr. Youkilis replied that a passive park is like a nature preserve. It is distinguished from an
active park which includes recreation activities.
Mrs. Beckman suggested that staff read the definition of passive park to alleviate any concerns
the neighbors might have. She commented that there needs to be better police surveillance since
there are many issues in the neighborhood. Mrs. Beckman questioned what happens after the life
estate of the owner is finished, would the house then be demolished. Mr. Youkilis responded that
it would be up to the City.
Planning Board Meeting
June 15, 2010
Mr. Cruz questioned when the Planning and Zoning Department made up their decision on the
park, was there any additional documentation that had to do with the residence. Mr. Youkilis
responded that there is no additional documentation, but we do have old files that have to do with
the financing of the property.
Mrs. Beckman questioned if the residence had any fences. Mrs. Guutier commented that she has
a chain -link fence and that does not stop individuals from entering her property.
Mrs. Beckman questioned if the dwelling was part of a life estate. Mr. Goldstein responded that'
the life estate means that the person gets to live on the property for the life. The life estate means
that the person could live there, but he does not know what will happen after that person is gone.
He commented that he would have to look at the file.
Mr. Morton questioned if the Park and Recreation Director was aware that there has been issue
with access being denied. Mrs. Stout -Tate responded no, not until tonight.
Mr. Whitman commented that this issue is very similar to All America Park. He commented that
these parks are meant to become neighborhood parks and there are plenty of Dade- County parks
that are very nice. Mr. Whitman suggested that staff work with neighbors.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Mr. Van Smith 7800 SW 59 Avenue Support
Mr. Van Smith commented that unfortunately he did not have his hearing aid and was only able
to hear certain things. He further provided the Board with a detailed description of the property
and its rare species.
The Chair closed the public hearing.
Mrs. Yates commented that she does not have any objection to the Comprehensive Plan technical
amendment. However, there needs to be immediate action on how it relates to the park's safety
and Mr. Van Smith.
Mr. Cruz questioned if these lots are still listed as two different parcels. Mr. Youkilis replied yes.
Mr. Vageline commented that there is a process in the Property Appraisers Office that allows
folio numbers to be combined.
Mrs. Young questioned if passive and public park are considered the same thing. Mr. Youkilis
replied that a public park has several different categories.
Mr. Morton moved to defer the application. Motion failed for lack of a second.
Mrs. Yates questioned what the next step would be. Mr. Vageline responded that the concerns
that were brought forward will be mentioned to the City Manager and the neighbors could voice
their concerns with the survey by the Parks and Recreation Department.
Planning Board Meeting
June 15, 2010
6i
Mrs. Young questioned if the results of the survey will be done in time when this item goes to
the City Commission. Mr. Youkilis commented that this item will be on the agenda at an August
City Commission meeting so there is still an additional time.
Motion: Mr. Whitman moved to approve the application as presented. Mrs. Young seconded.
Vote: 6 Ayes 1 Nays (Mr. Morton)
TJV /SAY
X: \Comm Items\ 2010 \7- 27- 10\LPA.Minutes.7.13.2010 Excerpt Van Smith.doc
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