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36South Miami IOI•Nmocasity CITY OF SOUTH MIAMI 11111F OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director Planning and Zoning Department COD Date: October 5, 2010 t ITEM No. 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 Single - Family Residential (Two Story) to Mixed Use - Affordable Housing (Two Story) for five properties identified as a part of the proposed Madison Square Development Project located between 6443 -6487 SW 60th Avenue and more specifically legally described as 6443 SW 60th Avenue (Folio No. 09- 4025- 010- 0050); 6457 SW 60th Avenue (Folio No. 09- 4025 -010- 0060); (Folio No. 09- 4025- 010- 0070); 6487 SW 60th Avenue (Folio No. 09- 4025 -010 -0080) and 6443 SW 59th Place (Folio No. 09 -4025- 010- 0320); 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 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 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 5 properties which have the Single- Family Residential (Two Story) future land use map category. 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 Star, 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 the 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. c 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" (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 Mixed Use Commercial NR Neighborhood Retail Single family homes; vacant Residential (Four Story) lots East Single Family Res. (two story) RS4 Single Family Res.; Single family homes; vacant NR Neighborhood Retail lots South Single Family Res. (two story CS -OV Community Service Vacant lots; Church overlay; RS -4 Single Family Res. West Single Family Res, (two RS -4 Single Family Res. Single family homes; vacant story) lots 0 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 the 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 second reading/public hearing agenda package at the October 19, 2010 Commission meeting. It can be assumed that based upon the fact that the Single Family Residential land use category is being replaced by the Mixed Use - Affordable Housing land use category that the impact on public facility capacities will be higher than under the current future land use category. 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: fll:��i111 soiPoluixvY Goal 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. 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 "RS -4" Single Family Residential, will be changed to the new zoning use district which reflects the requirements of the Mixed Use - Affordable Housine (Two Story)" future land use category. The new zoning district also 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 Commission 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 Single Family Residential (Two 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 PLUM 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:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \8- 31- 10\PB -10 -023 Exhibit A FLUM MU -AH (2010).doc 2 4 5 6 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 46 ORDINANCE NO. 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 Single - Family Residential (Two Story) to Mixed Use - Affordable Housing (Two Story) for five properties identified as a part of the proposed Madison Square Development Project located between 6443 -6487 SW 60th Avenue and more specifically legally described as 6443 SW 60th Avenue (Folio No. 09- 4025- 010 - 0050); 6457 SW 60th Avenue (Folio No. 09- 4025 -010- 0060); (Folio No. 09- 4025- 010 - 0070); 6487 SW 60th Avenue (Folio No. 09- 4025- 010 -0080) and 6443 SW 59th Place (Folio No. 09- 4025 -010- 0320); 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 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and development; and WHEREAS, The Planning and Zoning Department working with the Community Redevelopment Agency (CRA) prepared a new Future Land Use Map Category which could meet the needs of the Madison Square Project and the concerns expressed by Commissioners and other residents; and WHEREAS, the City Commission on October 5, 2010 adopted an ordinance creating a Future Land Use Map category entitled Mixed Use - Affordable Housing (Two Story) which can be applied over Community Redevelopment Agency properties which are part of the Madison Square Development Project; and WHEREAS, the Planning and Zoning Department at the request of the City Commission and working with the Community Redevelopment Agency prepared a proposed amendment to the Comprehensive Plan Future Land Use Map which places the Mixed Use - Affordable Housing (Two Story) future land use category on all properties which are part of the Madison Square Development Project; and WHEREAS, the Local Planning Agency (Planning Board) at its meeting on October 4, 2010 after public hearing, adopted a motion by a vote of ayes and nays recommending that the above described Future Land Use Map amendment should be approved; and 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 46 2 WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. 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 the Single Family Residential (Two Story) to Mixed Use - Affordable Housing (Two Story) for five properties identified as a part of the proposed Madison Square Development Project more specifically legally described as 6443 SW 60th Avenue (Folio No. 09- 4025 -010- 0050); 6457 SW 60th Avenue (Folio No. 09- 4025- 010- 0060); (Folio No. 09- 4025 -010- 0070); 6487 SW 60th Avenue (Folio No. 09- 4025 -010 -0080) and 6443 SW 59th Place (Folio No. 09- 4025- 010- 0320). 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 ATTEST: CITY CLERK APPROVED: MAYOR I" Reading: 2nd Reading 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 46 47 48 49 50 51 52 53 54 55 56 57 READ AND APPROVED AS TO FORM AND SUFFICIENCY: NMM•L :M���)��hl`I 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 II Ord.doc 51 ?7 0 e g 6221 6251 U 6253 0 N 6255 co 6321 6259 City of South Miami PB -10 -033 Future Land Use Map Change Single Family Residential (Two Story) to Mixed Use - Affordable Housing(Two Story) N Madison Square Development Project Feet w E 0 100 200 300 600 900 1,200 S" 6127 6115 6103 6023 6003 6037 �n m o O�NP C 5974 5958 N 'g o 0 m .9 SW 61ST ST 0 °9s o co m h M 6126 o �.� 5975 N „ m 2 $ 62ND STS 2° ® ® ® ®m® .° s14o 8 �° soon 2 s g s 6225 $ 6239 SW 62ND TER 6700 `So 6253- a 6257 6255 5840 = 6116 6273 6272 N 6273 m $ `$ 6289 6288- rn d 6265 0 6260 6261 m : W6 3RD ST 6305 s�sp a N 6307 6300 6301 6280 6281 6198 `So ° 6�0 6316 6317- SW 63RD ST 6325 `�' `oO o 2-„ 6320 6325 6332 N o 3 6357 0 6335 6320 3 6330 6335 SW 63.. -._ RD TER T 6364 6351 6345 6350 —� I ( ( I I ( 6340 6345 � 6210 ^� 5991 6373 °�+ x'95 6350 3 ° HARDEE RD 6401 g' 8 6420 6421 6431 6470 6501 6511 6521 6531 0 6601 ry � 6600 N 6627 6631 i 0 6711 6718 6721 '.,!.,.. �o^ 6800 6620 6843 6842 HARDEE DR - ' 6400 o 12 6174 6124 6486 6521 6500 SW 6601 6135 U N 6531 6530 co �, 0 `° sos0 ti 612.1 0 5970 HARDEE DR 5944 �0t -._... 8647 6401 6443 HARDEE W Z N RD aJ. to -HAR96F DR- ¢ SW 66TH TER 6401 6400 6401 6400 6401 6415 6412 6471 6410 6411 6410 6411 6428 6429 6428 6442 6442- 6445 6461 6471 81 6421 6420 6421 6420 6421 6450 1 6530 6467 505 6551 6431 6430 6431 6430 6431 6447 6440 6441 6440 6441 8 6501 6519 6500 6571 6597 6501 °'+1 6501 6500 6501 6500 3� cn 6501 6511 6510 6511 6510 6511 6516 6533 6527 fi520 6521 6520 65fi6 6537 6530 IST 5987 6540 6587 ,,, .„ ,1, 1 5675 6540 5843 fi540 SW 66T 596E SW b7111 51 5949- 5940 6871 590] o- g 6845 ^ .,: c:ninnn.;nn P. 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