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37CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Membe of the City Commission p Via: Hector Mirabile, Ph.D., City Manager 7% r�%'tl --� From: Thomas J. Vageline, Director Planning and Zoning Departmen Date: October 5, 2010 ITEM No. South Miami FAmefta ft 2001 ,—U,+ 1,wov&vel 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 Residential / Limited Commercial District (Two Story) for an area identified as all properties facing the west side of SW 62 Avenue from SW 64th Street to SW 70th Street including 6230 SW 69th Street said 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 the result of a request from the City Commission to implement a new Future Land Use Map category placed in the Comprehensive Plan as part of the Evaluation and Appraisal Report adopted in 2010. The subject property has a current Future Land Use Map designation of Mixed Use Commercial Residential (Four story). The appropriate Future Land Use Map Category will be the Residential / Limited Commercial District (Two Story). 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 SW 62 Avenue qualifies as a small -scale amendment in that it is less than 10 acres and has a residential density below 10 units per acre (FL Stat, 163.3187(c)(1). The 2 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. The planning history of development along this corridor has been the subject of many studies and reports going back almost 25 years. In order to understand some of the issues facing the area, the following summary history is provided. (1) 1994- Hometown Plan Area 2 Plan. Recommendations for the SW 62 Ave. Corridor (aka Paul Tevis Drive) were included in this plan which was developed using the citizen charrette process. A number of streetscape design recommendations were made and it was proposed that "infill new Main Street" buildings should be located on the west side of SW 62 Ave, (2) 1997 - The EAR Amendments submitted to DCA and approved by the City implemented the 1994 recommendations by changing the future land use map category for the corridor from Neighborhood Retail (Two Story) to a new category entitled Mixed Use Commercial/Residential (Four Story), also created in 1997. The basic philosophy was to create mini downtowns in several neighborhoods. The new land use category was applied to the SW 62 Ave. area, Madison Square, and the downtown. It requires mixed use, allows 24 residential units per acre, four story height, and a 1.6 Floor -Area- Ratio. The underlying zoning district of "NR" Neighborhood Retail which has extreme limitations on development was never removed or replaced. The liberal land use category and the very strict underlying zone is a basic unresolved conflict which has resulted in on -going neighborhood concerns and no new development in the corridor. (3) 2002 and 2003- The City conducted a "Charrette" planning exercise for the S.W. 62nd Avenue Corridor. The charrette was guided by a team of experts from the University of Miami, which issued a very detailed report on recommendations and ideas coming from the charrette. The basic recommendation of the Final Report was that S.W. 62nd Avenue, from SW 64 1h Street to SW 70th Street should be revitalized. The report recommended that the subject area become a mixed use area with buildings of two to three stories. After 3 additional meetings and a workshop there were no decisions made on the development issues for the SW 62 Avenue Corridor. (4) 2006 —The adopted 2006 Evaluation and Appraisal Report set forth a specific direction for the future land use category for the SW 62 Ave. Corridor (p. 12) as follows: "Change mixed use commercial /residential to a category that allows for current or existing uses plus mixed -use commercial /residential, offices, or townhomes (limited to two stories) " (5) 2009 -2010 — The City Commission at its October 20, 2009 meeting adopted Ordinance No 24 -09 -2016 which placed a new future land use category entitled "Residential / Limited Commercial District (Two Story)" into the pending Evaluation and Appraisal Text Based Amendments document. The City Commission on April 6, 2010 adopted Ordinance No. 09 -10 -2034 approving all of the proposed EAR Based Text Amendments to the Comprehensive Plan including the new future land use category Residential / Limited Commercial District (Two Story). PROPOSED FUTURE LAND USE MAP AMENDMENT A new future land use map category for the SW 62 Avenue Corridor must reflect the current development trends in the area and current economic considerations. There has been very little new construction in the corridor area for over a decade. The 1990's concept of creating "main" street type buildings or a mini - downtown for the SW 62 Avenue Corridor is no longer appropriate at this time. This area must be thought of as a transition area because of its immediate adjacency to single family homes abutting to the west. The future land use map category "Residential / Limited Commercial District (Two Story) " is proposed for the SW 62 Avenue Corridor. The standards set forth are compatible with the transitional character of the corridor and further recognizes that limited residentially oriented retail uses and other services are acceptable. The proposed land use category encourages mixed use but it is not a requirement. Finally all existing buildings and uses may remain, however, those which are not compatible with the adopted land use category or the new zoning use district will become non - conforming. The category currently in the Comprehensive Plan reads as follows: The Residential /Limited Commercial District (Two Story) future land use map category is intended to allow for low - density residential development and limited commercial development in a transition area abutting single family homes. The maximum height of all new construction shall be two stories. Residential development shall be limited to townhouse development at a maximum of 5 units per acre. Commercial development shall be limited to a maximum floor -area -ratio El oand shall include only those retail and personal service (office) needs for the local neighborhood residential areas. The specific type of retail and office uses shall be set forth in the appropriate zoning use district in the Land Development Code. The Land Development Code shall provide for a mandatory no- construction buffer / landscape area and a required wall or fence at the rear of all properties facing or abutting single family residential. Mixed use development is encouraged. Existing buildings and uses which are not consistent with the standards for this land use category or with standards for the zoning use district applied to this area may continue to exist and function but shall be subject to the non- conforming regulations set forth in Land Development Code Section 20 -4.8. ANALYSIS OF SW 62 AVENUE CORRIDOR The west side of SW 62 Avenue between SW 64 Street and SW 70 Street which is considered "the Corridor" consists of 21 lots and has a total land area of 4.57 acres (199,000 square feet). A total of 2.71 acres (118,000 square feet) remain vacant. There are six existing buildings with a total built floor area of 42,394 square feet. The existing floor area ratios for the existing buildings range from 0.211 to 0.821 with an overall average of 0.524. The existing uses include a professional office building, a community newspaper publishing building, a personal skills instruction studio, a food store and a real estate agency. Parcels Comprehensive Plan Land Development Code Actual Uses Existing Land Use Existing Zoning District Category North Single Family Res. (two story) RS -3 Single Family Res. Single family homes East Single Family, Educational, RS -4 Single Family Res., Pl- Single family homes; School; Public Institutional, Multi- Public Institutional; RM -18 - Senior Services Center; Multi - Family Res. Mixed Use Multi- Family Res. H- Hospital Family Housing; Hospital Commercial Residential (two- parking lot four story) South Transit Oriented Development TODD (MU -5) (4 + 4 Stories) Office building District (4 + 4 Stories) West Single Family Res (two story) RS -3 Single Family Res. Single family homes 1. Compatibility of Use: The entire corridor directly abuts a single - family zoning district. The use of property in the corridor would be limited to uses, density and building height which would be compatible with single family homes. 5 2. Compatibility of Density/Height: The proposed land use map category would limit development to two stories in height and a residential density which would be compatible with the surrounding single family neighborhood. 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. 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 reduction in density, units per acre 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. 4. 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 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. 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 districts of "NR" Neighborhood Retail and "LO" Low Intensity Office will need to be changed to the a new zoning use district which reflects the requirements of the "Residential / Limited Commercial District (Two Story)" future land use category. City of South Miami PB -10 -035 Future Land Use Map Change Mixed -Use Commercial Residential (Four Sto7) to Residential /Limited Commercial District (Two Story) x SW 62" Avenue Corridor W g Feet 0 100 200 300 600 900 1,200 s nJ. 6271 6270 6255 6321 _ 8297 q6300 ...� 6290 Z 00 6321 6321 6300 " SW 63RD TER 6259 }a" 6381 6360 6291 `�3 6210 HARDEE DR HARDEE RD 6370 6812 6300 6640 03 >a I 63 118 7001 0 %0 7010 6307 7021 7015 6401 6400 6401 6400 6400 7107 6410 6411 6470 6351 6411 6410 $ 6420 5991 6421 6420 6421 6420 9 6430 6431 6430 6431 6430 6429 6500 6429 6509 6500 � 6507 6500 6450 _ a 6487 6510 � 6511 6510 6511 6510 6533 �'0 6551 5987 6540 — I� 6520 S1A1 RBTN 6521 6520 6521 6520 'I, 6530 6531 6530 > 6531 6530 U o� o SW 66TH ST z 6600 6601 6600 6601 6600 ti y w $ 6610 6611 6610 6611 6610 6620 6621 6620 6621 6620 8 6630 6631 6640 6631 6630 6700 6701 6700 6701 6700 6 6710 6711 6710 6711 6710 6720 6721 ( 6720 6721 6720 6730 6731 6730 6731 6730 6370 6812 6300 6640 03 >a I 63 118 7001 0 %0 7010 6307 7021 7015 7D41 7030 7101 7105 7040 7107 6357 625& 1 7009 7000 7150- 6196 HARDEE DR ^y s 6174 6124 670D 6521 6135 z N 6607 ST Q 6400 91 6486 6500 U � 6537 6530 U O io 6' 6301 6300 6307 6316 6317 6332 6357 6364 6351 6373 5991 DEE DR 5978 6415 6429 6429 6443 6442 6443 6457 6450 a 6487 6501 � 6505 6533 �'0 6551 5987 6540 S1A1 RBTN ST i e l e I I as 7000 7020 7037 (�J m 7040 m m 7109 051 7090 614, Fnnina .Hnn R Constmctior 0 SW 68TH ST I 6001 7001 07& 5959 I � SW 71ST ST 1 607$ 5960 5975 1 Is) 1101 Doan 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 Residential / Limited Commercial District (Two Story) for an area identified as all properties facing the west side of SW 62 Avenue from SW 64th Street to SW 70th Street including 6230 SW 69th Street said properties more specifically legally described in Section 1 of this ordinance; 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 City's approved Evaluation and Appraisal Report adopted by the City Commission on January 5, 2006 via Ordinance No.01 -06 -1869 and approved by the Florida Department of Community Affairs on May 19, 2006, recommended that a Future Land Use Map category and a new zoning use district be created in.order to reduce density and incompatibility for the SW 62 Avenue Corridor from SW 64th Street to SW 70th Street including 6230 SW 69th Street; and WHEREAS, the City Commission at its October 20, 2009 meeting adopted Ordinance No 24 -09 -2016 which placed a new future land use category entitled "Residential / Limited Commercial District (Two Story)" into the pending Evaluation and Appraisal Text Based Amendments document; and WHEREAS, the City Commission on April 6, 2010 adopted Ordinance No. 09- 10 -2034 approving all of the proposed EAR Based Text Amendments to the Comprehensive Plan including the new future land use category Residential / Limited Commercial District (Two Story); and WHEREAS, a Future Land Use Map Amendment for SW 62 Avenue qualifies as a small -scale amendment in that it is less than 10 acres and has a residential density below 10 units per acre pursuant to FS. 163.3187(1)(c )(f); and WHEREAS, the Planning and Zoning Department has prepared an amendment to the South Miami Comprehensive Plan by changing the future land use map category from Mixed -Use Commercial Residential (Four Story) to Residential / Limited Commercial District (Two Story) for an area identified as all properties facing the west side of SW 62 Avenue from SW 64th Street to SW 70th Street including 6230 SW 69th Street; and 2 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 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 fixture land use map category from Mixed -Use Commercial Residential (Four Story) to Residential / Limited Commercial District (Two Story) for an area identified as all properties facing the west side of SW 62 Avenue from SW 64th Street to SW 70th Street including 6230 SW 69th Street; said properties more specifically legally described as: FOLIO ADDRESS 0940250120330 6400 SW 62ND AVE 0940250120350 6420 SW 62ND AVE 0940250120370 6600 SW 62ND AVE 0940250120380 6470 SW 62ND AVE 0940250120390 0940250120400 0940250120410 _6718 SW 62ND AVE 0940250120420 0940250120470 6780 SW 62ND AVE 0940250220170 6800 SW 62ND AVE 0940250220180 6820 SW 62ND AVE 0940250220190 6842 SW 62ND AVE 0940250220230 6914 SW 62ND AVE 0940250220253 6230 SW 69TH ST 0940250220260 16201 SW 70TH ST FOLIO ADDRESS 0940250120430 0940250120440 0940250120500 6600 SW 62ND AVE 0940250120480 0940250120490 0940250120450 0940250120460_ _6718 SW 62ND AVE Section 2. That the Future Land Use Map Category for entire land area of properties identified as 6230 SW 69th Street and 6201 SW 70 Street shall be Residential / Limited Commercial District (Two Story) as set forth above. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 3 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 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY APPROVED: MAYOR 1St Reading: 2 "d 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 SW 62 Ord.doe ORDINANCE NO. 24-09-2016 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE LAND USE MAP CATEGORY FOR THE SW 62nd AVENUE CORRIDOR WHICH AMENDMENT WOULD BE BASED UPON THE RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR REPORT AND WOULD BE APPLICABLE ONLY TO THE SW 62nd AVENUE CORRIDOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the success or failure of the adopted plan to adequately address changing conditions and state policies and rules; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the plan provides appropriate policy guidance . for growth and development; and WHEREAS, the City completed its proposed Evaluation and Appraisal Report Based Textural Amendments consistent with the requirements of Chapter 163, Part II, F.S., and Rule 9J -5 and 9J -11, F.A.C.; and WHEREAS, the City Commission at a special meeting on August 23, 2007 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments to the Comprehensive Plan, and adopted on first reading an ordinance approving the Report and authorized its transmittal to the Florida Department of Community Affairs for review and comment; and WHEREAS, the Florida Department of Community Affairs in a communication dated January 18, 2008 transmitted an Objections, Recommendations, and Comments (ORC) Report which report found that the EAR Comprehensive Plan amendments to be consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part 11, Florida Statutes; and WHEREAS, the City of South Miami was required by Florida State Statute Section 163.3191 to adopt by ordinance the final Evaluation and Appraisal Report Based Text Amendments by May 18, 2008; and Page 1 of 3 Ord, no. 24 -09 -2016 WHEREAS, the City Commission to date has not adopted the Evaluation and Appraisal Report Based Text Amendments; and WHEREAS, in order to expedite development activity it is proposed that a revision to the Evaluation and Appraisal Report Based Text Amendments be made to include a Future Land Use Map Category specifically for the SW 62 Avenue Corridor; and WHEREAS, the revised Future Land Use Map category for the SW 62 Avenue Corridor entitled "Residential/Limited Commercial District (Two Story)" incorporates the same recommendations and standards for this area as set forth in the City's Evaluation and Appraisal Report (p.12, Sub -Area 1) which was adopted by the City Commission on January 5, 2006; and WHEREAS, the Local Planning Agency (Planning Board) at its meeting oil September 29, 2009 after public hearing, adopted a motion by a vote of 5 ayes and 0 nays recommending that the Future Land Use Map category entitled "Residential/Limited Commercial District (Two Story)" should be approved; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency (Planning Board) and enact the aforesaid amendment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section i. The City Commission hereby approves a Future Land Use Map category entitled " "Residential/Limited Commercial District (Two Story) "" as set forth below to be incorporated into the City of South Miami Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments Document approved on first reading on August 23, 2007.. Section 2. The City of South Miami Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments Document approved on first reading on August 23, 2007 is hereby amended to incorporate on p.17 the following: "Residential /Limited Commercial District (Two Sto The ResidentiaULimited Commercial District ('fwo Story) future land use mm cateh ory is intended to allow for low - density residential development and limited commercial development in a transition area abuldne single family homes. The maximum heir ht of all new construction shall be two stories. Residential development shall be limited to retail and personal service (office) needs for the local neighborhood residential areas. Page 2 of 3 Ord. No. 24 -09 -2016 for a mandatory no- construction buffer / landscape area and a required wall or fence at the rear of all properties facing or abutting single family residential zoning use district applied to this area may continue to exist and function but shall be subject to the non - conforming regulations set forth in Land Development Code Section 24 -4.8. 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 20th day of October, 2009 ATTEST: APPROVED: � � CITY CLERK IA YOR I" Reading: 10/06/09 2nd Reading: 10/20/09 I COMMISSION VOTE: 3 -2 Mayor Feliu: Nay Vice Mayor Beasley: Yea Commissioner Palmer: Nay Commissioner Newman: Yea Commissioner Sellars: Yea X\Comm ItemsW09V 0- 6-MEAR Add New SW 62 Ave MUM Ord.doc Page 3 of 3 Ordinance No. 09-10-2034 An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida, adopting the Evaluation and Appraisal Report (EAR) Based Text Amendments to the South Miami Comprehensive Plan; the amendments are to the goals; objectives and policies for the - following Comprehensive Plan Elements: Future Land Ilse; Transportation; Housing; Infrastructure; Conservation; Recreation and Open Space; Intergovernmental Coordination; and Capital Improvements; providing for severability, ordinances in conflict, and providing an effective date. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the success or failure of the adopted plan to adequately address changing conditions and state policies and rules; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the plan provides appropriate policy guidance for growth and development; and WHEREAS; the City completed its proposed Evaluation and Appraisal Report- Based Textural Amendments consistent with the requirements of Chapter 163, Part II, F.S., and Rule 9J -5 and 9J -11, F.A.C.; and WHEREAS, the City Commission at a special meeting on August 23, 2007 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments to the Comprehensive Plan, and adopted on first reading an ordinance approving the Report and authorized its transmittal to the Florida Department of Community Affairs for review and comment; and WHEREAS, the Florida Department of Community Affairs in a communication dated January 18, 2008 transmitted an Objections, Recommendations, and Comments (ORC) Report which report found that the EAR Comprehensive Plan amendments to be consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes; and WHEREAS, the Objections, Recommendations, and Comments (ORC) Report set forth one objection which required a minor adjustment to Policy No.1.1.6 of Chapter 8, Capital Improvement Element; and WHEREAS, the Local Planning Agency (Planning Board) at its March 11, 2008 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the Evaluation and Appraisal Report Based Text Amendment report be approved; and WHEREAS, the City Commission at its July 28, 2009 meeting adopted Ordinance No. 13 -09 -2005, modifying on pp.16 and 17 of the Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document dated August 23, 2007 by removing Ord. No. 09 -10 -2034 2 the wording of the proposed Future Land Use Map category entitled "Neighborhood Center/Mixed Use District (Four Story) "; and the Citv Commission at its October 20, 2009 meeting adopted Appraisal Report Based Text Amendments Document dated August 23, 2007 by incorporating a new Future Land Use Map category entitled "Residential/Limited Commercial District (Two Story) ". NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby approves the City of South Miami Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments Document dated August 23, 2007 with the following modifications: In accordance with the Department of Community Affairs ORC Report dated January 18, 2008, Policy No. 1.1.6 of Chapter 8, Capital Improvement Element on p. 52 is revised to read as follows: "The City of South Miami ^""6=2044 2008/09 — 2012/13 Capital Improvements Plan and the Capital Improvements Schedule included therein contains a schedule of proiects that the City shall implement in order to maintain its adopted Level of Service standards or otherwise achieve the goals objectives and policies and /or ensure the financial feasibility of the Comprehensive Plan. The 2406-2444=2008/09 — 2012/13 Capital Improvements Plan is hereby adopted by reference as part of the Capital Improvements Element "; Removal of the wording of the proposed Future Land Use Map Category entitled "Neighborhood Center/Mixed Use District (Four Story)" on pp.16 and 17 of the Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document dated August 23, 2007; Q Add a new Future Land Use Map Category entitled "Residential/Limited Commercial District (Two Story) on p. 17A of the Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document dated August 23, 2007, to read as follows: "Residential / Limited Commercial District (Two Story) The Residential/Limited Commercial District (Two Story) future land use map category is intended to allow for low - density residential development and limited commercial development in a transition area abutting single family homes The maximum height of all new construction shall be two stories Residential development shall be limited to townhouse development at a maximum of 446) fve (5) units per acre Commercial Ord. No. 09 -10 -2034 development shall be limited to a maximum floor- area -ratio of 0.80 and shall include only those retail and personal service (office) needs for the local neighborhood residential areas The specific type of retail and office uses shall be set forth in the appropriate zoning use district in the Land .... Development Code The Land Development- Code-shall provide for a - - _mandatory no- construction buffer / landscape area and a required wall or fence at the rear of all properties facing or abutting single family residential. Mixed use development is encouraged Existing buildings and uses which are not consistent with the standards for this land use category or with standards for the zoning use district applied to this area may continue to exist and function but shall be subiect to the non - conforming regulations set forth in Land Development Code Section-20-4.8." Section 2. The amendments set forth in the Evaluation and Appraisal Report (EAR) Based Text Amendments approved by the City on August 23, 2007 and as modified by Ordinance No.13 -09 -2005 adopted on July 28, 2009 and Ordinance No.24 -09 -2016 adopted on October 20, 2009 are hereby incorporated into the City of South Miami Comprehensive Plan. 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 6thday of April 2010 ATTEST: CITY CLERK APPROVED: MAYO 152 Reading: 3 / 2 / 10 2 "a Reading 4/6/10 Ord. No. 09 -10 -2034 READ AND' CITYATTORNEY AS TO FORM: COMMISSION VOTE: - 4 -1 Vice Mayor Newman: Yea Commissioner: Palmer: Nay Commissioner: Beasley: Yea Commissioner Harris: Yea Attachment "A" Evaluation and Appraisal Report (EAR) Based Text Amendments X: \Comm Ftems\2010 \3- 2.10\EAR Amend Rev 3.2 -10 Ord.doc