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South Miami
AlAmefloaCKy '
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER a
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Stoddard and Members of the City
Commission
Hector Mirabile, Ph.D., City Manager
Thomas J. Vageline, Director
Planning and Zoning.Depart►
October 5, 2010
Y�
ITEM No. QO
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 map category from Mixed -Use Commercial
Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for an area
identified as a part of the proposed Madison Square Development Project generally
located at the southeast corner of SW 64th Street and SW 60th Avenue and the
southeast corner of SW 64th Street and SW 59th Place including properties more
specifically legally described in Section 1 of this ordinance; providing for
severability; providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Map amendment
being initiated by the City (Local Planning Agency). The amendment proposed is a the
result of a request from the City Commission to place a new Future Land Use Map
category over the properties which are part of the Madison Square Development Project
It is anticipated that the new Future Land Use Category will be adopted and placed in the
Comprehensive Plan by the City Commission at its October 5, 2010 meeting.
The Madison Square Development site includes properties that currently have two
different Future Land Use Map designations. A total of 13 properties owned by the CRA
have the Mixed Use Commercial Residential (Four story) future land use map category.
An abutting 5 properties also owned by the CRA have the Single - Family
Residential(Two Story) future land use map category. The appropriate Future Land Use
Map. Category for all of the properties will be the Mixed Use - Affordable Housing (Two
Story).
This report will specifically deal with the 13 properties which are facing and south of
SW 64 Street.
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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). The amendment
for Madison Square qualifies as a small -scale amendment in that it involves the
development of affordable housing (FL Stat, 163.3187(c)(1). The amendment will be sent
to the Florida Department of Community Affairs. However, 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: 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.
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 area ratio. The Florida Department of
Community Affairs (DCA) in January 2008 did approve Evaluation and Appraisal Report
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.
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PROPOSED FUTURE LAND USE MAP AMENDMENT
The Planning and Zoning Department working with the CRA staff and Commissioner
Beasley 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. The attached
"Mixed Use - Affordable Housing (Two Story)" (Exhibit A) category is the proposed
future land use map amendment for Madison Square. If the attached land use category is
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.
The new land use category incorporates 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. The density of commercial development
is half (0.80 floor area ratio) of what is allowed in the current land use category. The
residential density remains at 24 units per acre which is the maximum permitted by the
current land use category. The maximum height permitted by the new land use category
is two stories which is compatible with abutting properties. The housing type should be
clearly defined as affordable housing.
SUMMARY OF MADISON SQUARE PROJECT SITE
The Madison Square project will be implemented on 18 lots acquired by the Community
Redevelopment Agency during the period 2006 -2010. The project will be built on 1.92
acres all of which are currently vacant. The overall goal of the project is to provide a
maximum number affordable housing units in a mixed used complex with compatible
retail and office uses.
Parcels
Comprehensive Plan
Land Development Code
Actual Uses
Existing Land Use
Existing Zoning District
Category
North
Single Family Res. (two story)
CS -OV Community Service
Single family homes; vacant
overlay
lots
RS -3, RS -4 Single Family Res.
East
Single Family Res. (two story)
NR Neighborhood Retail
Single family homes; vacant
lots
South
Single Family Res. (two story
CS -OV Community Service
Single family homes; vacant
overlay; RS -4 Single Family
lots
Res. And NR, Neighborhood
Retail
West
Single Family Res, (two
RS -4 Single Family Res.
Single family homes; vacant
story)
lots
B
1. Compatibility of Use: The project abuts single family homes on all sides. The use of
property as a mixed use town center with affordable housing units with the building
height limited to two stories will be compatible with surrounding single family
neighborhood.
2. 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. This includes the impact (plus or minus) of the proposed change in land use
for parks, potable water, sewers, schools, roadways, and solid waste. The Planning
and Zoning Department is currently preparing a comparative chart demonstrating the
projected impact on public facility capacities of the subject land use change. This data
report will be part of the second reading/public hearing agenda package at the
October 19, 2010 Commission meeting. It can be assumed that based upon the
reduction in density and building height of the new future land use category, the
impact on public facility capacities will be significantly lower than under the current
future land use category.
3. Compatible with Comprehensive Plan.
A proposed Future Land Use Map Amendment is compatible with and advances the
goals and policies contained in the City's Comprehensive Plan. The proposed
amendment is consistent with and supports the following goals and policies:
LAND USE ELEMENT
Goal I To maintain and improve the City's neighborhoods, and the quality of life
of existing and future residents.
Objective 1.1 The City shall implement its Future Land Use Plan Map through
its land development regulations. Uses that are inconsistent with
community character as set forth on the Future Land Use Map
shall be eliminated.......
Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adjacent uses shall be the major
determinant.
HOUSING ELEMENT
Objective 1.3 The City and its Community Redevelopment Agency shall continue
to coordinate with public and private agencies to meet the
affordable housing needs of low and moderate income residents
through the implementation of specific programs, in accordance
with adopted plans.
Policy 1.3.3 The City's Community Redevelopment Agency will implement its
New Housing Program in order to provide for the construction of
affordable housing units in accordance with its adopted
Redevelopment Plan.
FUTURE REZONING
The approval of the proposed Future Land Use Map amendment is a pre- requisite for a
future zoning district change, which will implement the Future Land Use Category. The
current zoning district of "NR" Neighborhood Retail, will be changed to the a new
zoning use district which reflects the requirements of the Mixed Use - Affordable Housin>
(Two Story)" future land use category. The new zoning district entitled "MU -AH" Mixed
Use - Affordable Housing (Two Story) Zoning Use District has been drafted and is set for
approval on second reading at the City Cmission meeting on October 5, 2010.
PLANNING BOARD ACTION
The Planning Board (Local Planning Agency) will be considering the proposed future
land use map change at its October 4, 2010 meeting. A report on the Board's
recommendation will be made to the City Commission at its October 5, 2010 meeting.
RECOMMENDATION
The proposed land use amendment is needed in order to implement the Madison Square
project. It is recommended that the proposed Comprehensive Plan Future Land Use Map
(FLUM) amendment from the Mixed -Use Commercial Residential (Four Story) to Mixed
Use - Affordable Housing (Two Story) for all of the properties listed in the attached
ordinance be approved on first reading.
Attachments:
Exhibit A
Draft Ordinance,
Location map.
TJV /SAY
X: \Comm Items\2010 \10.5 -10 \Comp Plan FLUM Amend Madison Sq I CM Report.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.
X:\PBTB Agendas Staff Reports\2010 Agendas Staff Reports \8- 31- 10 \PB -10 -023 Exhibit A FLUM MU -AH
(2010).doe
City of South Miami
PB -10 -032 Future Land Use Map Change
Mixed Use Commercial Residential (Four Story) to Mixed Use - Affordable Housing(Two Story)
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4
ORDINANCE NO.
6 An Ordinance of the Mayor and City Commission of the City of South Miami
7 Florida, amending the Future Land Use Map of the South Miami Comprehensive
8 Plan by changing the future land use map category from Mixed -Use Commercial
9 Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for an area
10 identified as a part of the proposed Madison Square Development Project generally
11 located at the southeast corner of SW 64th Street and SW 60th Avenue and the
12 southeast corner of SW 64th Street and SW 59th Place including properties more
13 specifically legally described in Section 1 of this ordinance; providing for
14 severability; providing for ordinances in conflict; and providing an effective date.
15
16
17 WHEREAS, the Florida Legislature intends that local planning be a continuous
18 and ongoing process; and
19
20 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
21 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
22 policy guidance for growth and development; and
23
24 WHEREAS, The Planning and Zoning Department working with the Community
25 Redevelopment Agency (CRA) prepared a new Future Land Use Map Category which
26 could meet the needs of the Madison Square Project and the concerns expressed by
27 Commissioners and other residents; and
28
29 WHEREAS, the City Commission on October 5, 2010 adopted an ordinance
30 creating a Future Land Use Map category entitled Mixed Use - Affordable Housing (Two
31 Story) which can be applied over CRA properties which are part of the Madison Square
32 Development Project; and
33
34 WHEREAS, the Planning and Zoning Department at the request of the City
35 Commission and working with the CRA prepared a proposed amendment to the Future
36 Land Use Map which places the Mixed Use - Affordable Housing (Two Story) future land
37 use category on all properties which are part of the Madison Square Development
38 Project; and
39
40 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
41 October 4, 2010 after public hearing, adopted a motion by a vote of ayes and nays
42 recommending that the above described Future Land Use Map amendment should be
43 approved; and
44
45 WHEREAS, the City Commission desires to accept the recommendation of the
46 Local Planning Agency and enact the aforesaid amendment.
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Im
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
Amendment changing the future land use map category from Mixed -Use Commercial
Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for all properties
identified as a part of the proposed Madison Square Development Project generally
located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast
corner of SW 64th Street and SW 59th Place more specifically legally described as:
FOLIO
ADDRESS
09 -4025- 010 -0010
5978 SW 64 ST
09 -4025- 010 -0030
6415 SW 60 AVE
09 -4025- 010 -0040
6429 SW 60 AVE
09 -4025- 010 -0020
09- 4025 -010 -0140
09 -4025- 010 -0160
6420 SW 59 PL
09 -4025- 010 -0170
09 -4025- 010 -0180
6442 SW 59 PL
09 -4025- 010 -0280
6401 SW 59 PL
09 -4025- 010 -0270
5944 SW 64 ST
09 -4025- 010 -0290
6411 SW 59 PL
09 -4025- 010 -0300
6415 SW 59 PL
09 -4025- 010 -0310
Section 2. A proposed Future Land Use Map Amendment to Mixed Use -
Affordable Housing (Two Story) is for the purpose of development of affordable housing
and thereby qualifies as a Small Scale Amendment pursuant to FL. Stat. 163.3187(1) (c).
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 4. 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 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of 2010
CITY CLERK
APPROVED:
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READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
3
1st Reading:
2nd Reading
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items\2010 \10 -5 -10 \Comp Plan FLUM Amend Madison Sq I,Ord.doc