18South Miami
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
Date: January 18, 2011 No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a
request to amend the official zoning map of the City of South Miami Land Development Code by
changing the zoning use district from "RS -3" Low - Density Residential Zoning Use District to "PR"
Parks and Recreation Zoning Use District 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 would amend the zoning use district on the property. The subject property's
current zoning "RS -3" Low - Density Residential Zoning Use District must be changed to the "PR" Parks
and Recreation Zoning Use District. The action is being initiated by the City as a follow up to a change in
the Future Land Use Map (FLUM) Category for the same property.
The FLUM amendment was a technical correction needed to show the correct future land use map
category for the property. The FLUM change was adopted on October 19, 2010 via Ordinance No. 39 -10-
2064 and was accepted by the Florida Department of Community Affairs as a small scale amendment in a
communication dated November 9, 2010. The property will become a neighborhood park with limited
recreational activities.
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 REZONING REVIEW
The subject proposed amendment for 7800 SW 59 Avenue (Van Smith Park) will be from "RS -3" Low -
Density Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use District. The
appropriate zoning use district should be in place before improvements to the park are started.
SITE ANALYSIS
Parcels
Comprehensive Plan
Existing Land Use
Cateeory
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
Compatible with Comprehensive Plan.
A proposed rezoning 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.
RE CREATION AND OPEN SPACE ELEMENT
Goal 1 To ensure the availability of adequate park facilities and open space for
citizens of South Miami.
STAFF OBSERVATIONS
The current zoning district of "RS -3" Low - Density Residential Zoning Use District will need to be
changed to the "PR" Parks and Recreation Zoning Use District.
1. The property is surrounded by single - family zoning. The creation of a neighborhood park serving
local area residents is a compatible land use.
The proposed amendment is consistent with the goals and policies of the City's Comprehensive
Plan.
3. The amendment is needed in order to accurately reflect the location of City parks on the Official
Zoning Map and to maintain and protect the City's inventory of recreation and open space.
4. The zoning district change will formally recognize the City's efforts and citizen participation in
assuring the protection of green open space and the creation of a neighborhood park.
2
PLANNING BOARD ACTION:
The Planning Board at its meeting on November 30, 2010 conducted a public hearing and adopted a
motion by a vote of 7 ayes 0 nays recommending approval of the proposed rezoning.
RECOMMENDATION
It is recommended that the proposed zoning use district change from "RS -3" Low - Density Residential
Zoning Use District to "PR" Parks and Recreation Zoning Use District for 7800 SW 59 Avenue (Van
Smith Park) be approved on first reading.
Attachments:
Draft ordinance
Location map
Ordinance No. 39 -10 -2064
DCA Letter dated November 9, 2010
Planning and Zoning Department Staff Report 11 -30 -10
Planning Board Meeting Excerpt 11 -30 -10
TJV /SAY
X: \Comm Ctems\2011 \1 -18 -1 RLDC Amend Rezone Van Smith Park CM Report.doo
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, relating to a request to amend the official zoning map of the City of South
Miami Land Development Code by changing the zoning use district from "RS -3"
Low - Density Residential Zoning Use District to "PR" Parks and Recreation Zoning
Use District 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.
WHEREAS, the City of South Miami in 2003 and 2005 purchased the property at
7800 SW 59 Avenue for the purpose of preserving the natural habitat; and
WHEREAS, in 2010 it was determined by the Local Planning Agency that the
Comprehensive Plan Future Land Use Map (FLUM) category for the property located at
7800 SW 591" Avenue required a change from the Single - Family Residential (Two Story)
category to the Parks and Open Space future land use category; and
WHEREAS, in order to show the correct future land use map a FLUM
amendment was initiated by the Local Planning Agency and was adopted by the City
Commission on October 19, 2010 via Ordinance No. 39 -10 -2064; and
WHEREAS, the FLUM amendment was accepted by the Florida Department of
Community Affairs as a small scale amendment in a communication dated November 9,
2010; and
WHEREAS, the assignment of a new future land use category required that the
property's current zoning district of "RS -3" Low- Density Residential Zoning Use District
to be changed to "PR" Parks and Recreation Zoning Use District; and
WHEREAS, the Planning Board at its meeting on November 30, 2010 conducted a
public hearing and adopted a motion by a vote of 7 ayes 0 nays recommending approval of
the proposed rezoning; and.
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid rezoning.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Official Zoning Map of the City of South Miami is hereby amended by
changing the current zoning use district of "RS -3" Low - Density Residential to the "PR"
Parks and Recreation Zoning Use District for property located at 7800 SW 59th Avenue (Folio
No. 09- 4036 - 039 -0020 and Folio No. 09- 4036 - 039 - 0025).
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
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Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
I" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2011.
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items \2011 \1 -18 -1 UDC Amend Rezone Van Smith Park Ord.doc
City of South Miami N
PB -10 -040 Zoning Use District Change
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To: Honorable Chair and Date: November 30, 2010
Planning Board Members
From: Thomas J. Vageline, Director (q\ , ; Re: LDC Re- Zoning RS -3 to PR
Planning and Zoning Departmen Van Smith Park, 7800 SW 59 Ave.
PB -10 -040
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,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "RS -3" Low - Density
Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District 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 would amend the zoning use district on the property. The subject
property's current zoning "RS -3" Low- Density Residential Zoning Use District must be changed
to the "PR" Parks and Recreation Zoning Use District. The action is being initiated by the City as
a follow up to a change in the Future Land Use Map (FLUM) Category for the same property.
The FLUM amendment was a technical correction needed to show the correct future land use
map category for the property. The FLUM change was adopted on October 19, 2010 via
Ordinance No. 39 -10 -2064 and was accepted by the Florida Department of Community Affairs
as a small scale amendment in a communication dated November 9, 2010. The property will
become a neighborhood park with limited recreational activities.
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 REZONING REVIEW
The subject proposed amendment for 7800 SW 59 Avenue (Van Smith Park) will be from "RS-
Rezoning
7800 SW 59 Ave.
November 30, 2010
Page 2 of 3
3" Low - Density Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use
District. The appropriate zoning use district should be in place before improvements to the park
are started.
STTR ANALYSTS
Parcels
Comprehensive Plan
Existing Land Use
Cate , o
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
Compatible with Comprehensive Plan.
A proposed rezoning 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 1 To ensure the availability of adequate park facilities and open space for
citizens of South Miami.
S'T'AFF OBSERVA'T'IONS
The current zoning district of "RS -3" Low - Density Residential Zoning Use District will need to
be changed to the "PR" Parks and Recreation Zoning Use District.
1. The property is surrounded by single - family zoning. The creation of a neighborhood park
serving local area residents is a compatible land use.
2. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan.
3. The amendment is needed in order to accurately reflect the location of City parks on the
Official Zoning Map and to maintain and protect the City's inventory of recreation and
open space.
Rezoning
7800 SW 59 Ave.
November 30, 2010
Page 3 of 3
The zoning district change will formally recognize the City's efforts and citizen
participation in assuring the protection of green open space and the creation of a
neighborhood park.
RECOMMENDATION
It is recommended that the proposed zoning use district change from "RS -3" Low- Density
Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for 7800 SW
59 Avenue (Van Smith Park) be approved.
Attachments
Location map
Ordinance No. 39 -10 -2064
DCA Letter dated November 9, 2010
Copies of Public Notice
TJV/ /SAY
X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \11- 30- 10 \PB -10 -040 LDC Rezone Van Smith Ln.doc
ORDINANCE NO. 39-10-206
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.
WHEREAS, Application PB -10 -014 is a request for a Comprehensive Plan Future
Land Use Map Amendment being initiated by the City in order to amend the Future Land Use
Map of the South Miami Comprehensive Plan for property identified as Van Smith Park located
at 7800 SW 59 Avenue from the category Single Family Residential (Two - Story) to Parks and
Open Space; and _...._ . ____ .. _.. - : _- ...... .. _._.._.--- _ . _.._ .__ . _. . __
WHEREAS, The City of South Miami purchased the property at 7800 SW 59 Avenue
in 2003 and 2005 for the purpose of preserving the natural habitat; and
WHERE AS, The 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, and which
document sets forth a chart entitled Potential Future Land Use Map Amendments (pp. 12-13)
indicating that Van Smith Park requires a change to the Parks and Open Space Category; and
WHEREAS, the Planning and Zoning Department staff in a report dated July 13,
2010 recommended approval of the proposed amendment; based upon observations that the
amendment is needed in order to accurately reflect the Iocation of City parks on the Future Land
Use Map, the need to maintain and protect the City's inventory of recreation and open space, and
that the proposed amendment was recommended in the 2006 Evaluation and Appraisal Report;
and
WHEREAS, on, July 13, 2010, after Public Hearing regarding the proposed
amendment, the Local .Planning Agency recommended_ approval of the.application_,by a vote Of—,
7 ayes 0 nays; 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 MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is
hereby amended by changing the Future Land Use Map category from Single Family Residential
(Two- Story) to Parks and Open Space on property identified as Van Smith Park located at 7800
SW 59 Avenue.
Jo. 39 -10 -2064
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 19`h day of October, 2010
ATTEST: APPROVED:
.....
a� a I n�.
CITY CLERK
111 Reading — 7/27/10
2nd Reading — 10/19/10,
READ A AP ROVED AS TO FORM
AND &F1 NCY:
CITY ATTORNEY
rir . � -
COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
X:1Comm Items\2010 \7 -27 -10 \Comp Plan PLUM Amend Van Smith Park Ord.doc
Ywe RECEIVED
'`� .
•,��W x2(�-�• N 'Y 12 2010
STATE OF FLORIDA Planning and Zoning
DeparmerA
DEPARTMENT OF COMMUNITY AFFAIRS
"l7edicated to making Florida a better place to call home"
CHARLIE GRIST
Govemor.
November 9; 2010
Thomas J. Vageline, Director
Planning & Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Mr. Vageline:
THOMAS G. PELHAM
Secretary
Thank you for submitting copies of the City of South Miami Small Scale Development
Plan Amendment, adopted by Ordinance No(s) 39 -10 -2064 on October 19, 2010, for our records..
The reference number for this amendment package is l OSO6.
The Department will not conduct i compliance review or issue a Notice of Intent
regarding the adopted small scale development plan amendment in accordance with procedures
contained in Section 163.3187(3)(a), Florida Statutes.
If you have any questions, please contact Terri Stoutamire at (850) 922 -1804.
Sincerely,
6*`
D. Ray Eubanks
Plan Review & Processing Administrator
DRE ✓ts
cc: Carolyn A. Dekle, Executive Director,
South Florida RPC
2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100
850 -488 -8466 (p) ♦ 850 - 921 -0781 (f) ♦ Website: vdnvov."ca. state. r'I. us
♦ COMMUNITY PLANNING 850-088-2366(p) 850488-3309(f) ♦ FLORIDA COMMUNITIES TRUST 850-922-2207(p) 850421-1747(f)
♦ HOUSING AND COMMUNITY DEVELOPMENT 85G488-7956(p) $50-M-5623(f) e
CRAFT
IN CORPOR
1 w 9927
Planning Board
Regular Meeting
Meeting Minutes
Tuesday, November 30, 2010
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:34 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call
Board members present constituting a quorum: Mrs. Beckman, Mr. Cruz, Mrs. Young, Mrs.
Yates, Mr. Morton, Mr. Farfan and Mr. Whitman. Board members absent: None.
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Mr. Marcus Lightfoot (Permit Facilitator) and Lourdes
Cabrera - Hernandez (Principal Planner).
City Attorney: Mr. Mark Goldstein
III. Administrative Matters:
Mr. Youkilis informed the Board that the Planning Board meeting is still being broadcast by the
Planning and Zoning staff. He commented that there was a public notice advertisement in the
Miami Herald requesting the submittal of Comprehensive Plan amendments. All local
municipalities can change there Comprehensive Plan twice a year. The City of South Miami
cycle has always been July and December. The Board is required to advertise Comprehensive
Plan Land Use Map changes twice a year related to development that may be anticipated.
Applications will be accepted during the month of December 2010. If an application is submitted
it will be processed in July, 2011.
Planning Board
November 30, 2010
Page 2 of 6
Mr. Whitman questioned the Comprehensive Plans that have been seen within the last six
months by the Planning Board. Mr. Youkilis responded that those are small scale amendments
have gone through the City Commission and DCA. There were two applications returned by
DCA that need to be modified. Most amendments have gone through, including the items on the
agenda tonight.
Mr. Whitman questioned which the two applications that were returned by DCA were. Mr.
Vageline responded that those two amendments that had to do with affordable housing. DCA
advised that text amendments were not small scale and they asked the City to re -adopt them as
part of their large scale amendment cycle.
Mrs. Mark questioned if the five park related could be read together. Mr. Goldstein replied that it
could be done, but it is suggested that every item be read for the record.
Mr. Youkilis informed the Board that there will be no Planning Board meeting in the month of
December 2010. The next meeting will be scheduled for January 11, 2011.
IV. Planning Board Applications/Public Hearings
PB -10 -040
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,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "RS -3" Low - Density
Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District 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.
PB -10 -041
Applicant: City of South Miami
Location: 8051 SW 58 Avenue
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "RS -3" Low- Density
Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the
property identified as Dison Park located at 8051 SW 58 Avenue (Folio No. 09- 4036 -000-
0520); providing for severability; providing for ordinances in conflict; and providing an
effective date.
Action: Mrs. Young read the item into the record.
Planning Board
November 30, 2010
Page 3 of 6
PB -10 -042
Applicant: City of South Miami
Location: 6820 SW 64 Ave.
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "RS -3" Low - Density
Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the
property identified as All- America Park located at 6820 SW 64 Avenue (Folio No. 09 -4025-
000- 0430); providing for severability; providing for ordinances in conflict; and providing
an effective date.
Action: Mrs. Mark read the item into the record.
PB -10 -043
Applicant: City of South Miami
Location: 5800 SW 66th Street
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "RS -4" Single Family
Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the
property identified as a part of the Murray Park Community Center located at 5800 SW
66th Street and legally described as Lot 1, Block 1, Larkins Townsite (Folio No. 09 -4025-
028- 0010); providing for severability; providing for ordinances in conflict; and providing
an effective date.
Action: Mr. Morton read the item into the record.
PB -10 -044
Applicant: City of South Miami
Location: 5800 SW 66th Street
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "LO" Low - Intensity Office
Zoning Use District to "PR" Parks and Recreation Zoning Use District for property
identified as a part of the Murray Park Community Center located at 5845 -5855 SW 68th
Street and 6731 SW 58th Place, and legally described as Lots 10 thru 17, Block 8, Townsite
of Larkins (Folio Nos. 09- 4025- 028 -0900, 09 -4025- 028 -0910, 09- 4025- 028 - 0920); providing
for severability; providing for ordinances in conflict; and providing an effective date.
Action: Mrs. Young read the item into the record.
The Chair opened the public hearing on all five items.
Planning Board
November 30, 2010
Page 4 of 6
NAME ADDRESS SUPPORT /OPPOSE PROJECT
James Connell 7801 SW 59 Avenue Support
Mr. Connell questioned if the Board or staff could provide him with the details of what is
occurring with PB -10 -040. Mr. Youkilis responded that all properties in the city have two
categories. One is the Land Use category, which was adjusted about two months ago and the
second is zoning. This is a single - family zone, but it is now a park. This procedure has to be
followed in order to change the zoning district and Land Use Category.
Mr. Youkilis commented that the department recently received a letter from Mr. John Park. Mr.
Youkilis read the letter, which informed the Board that the citizens are in support of making
placing for Van Smith Park in the park zoning district.
Mrs. Young questioned who John Park is. Mr. Connell replied that he is an adjacent owner of the
property, who supports the item.
Mr. Whitman questioned how all the motions and votes will be determined since the items are
being read together. Mr. Morton responded that the motions could be made separate.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Seida Wood 6001 SW 79 Street Support
Mrs. Wood questioned if the park PB -10 -040 is going to be a passive park and could there be
some language to prevent the park from being an active park. Mr. Youkilis responded that when
the property was purchased it was to conserve it as a natural habitat. Mrs. Yates commented that
the intent is to maintain the native wildlife, vegetation and species. The property should look the
next thirty years from now.
The Chair closed the public hearing.
Mr. Morton informed staff that of a word duplication located on the last two words of the last
line. Mr. Morton questioned if there was a difference between the legal description with item
PB -10 -043 and PB -10 -044. Mr. Vageline replied that there are lots of plats that have the Larkin
name included.
Mr. Farfan questioned if the City of South Miami is the owner of the property (PB -10 -040) once
Mr. Van Smith is deceased. Mr. Youkilis responded that the City is already listed as owner of the
property, but allows Mr. Van Smith to continue living on the property until he has deceased.
Mrs. Beckman commented on the concern of dwelling on neighboring properties.
Motion: Mr. Morton moved to approve the applications PB -10 -040, PB -10 -041, PB -10 -042, PB-
10 -043 and PB -10 -044 as presented. Mrs. Young seconded
Vote: 7 Ayes 0 Nays
Planning Board
November 30, 2010
Page 5 of 6
PB -10 -045
Applicant: City of South Miami
Location: 7435 SW 66 Avenue
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "PI" Public/Institutional
Zoning Use District to "RS -3" Low - Density Residential Zoning Use District for the
property identified as the Rothan Residence located at 7435 SW 66 Avenue (Folio No. 09-
4036- 050- 0020); providing for severability; providing for ordinances in conflict; and
providing an effective date.
Action: Mrs. Yates read the item into the record.
Mr. Youkilis informed the Board that the item before them is a corrective action requested by a
City Commissioner and the resident. The property did have a Land Use category, which was
changed from Educational (four stories) to Single - Family Residential. The category change was
approved by the Planning Board and the City Commission. The application was submitted to
DCA and was approved as a small scale amendment. Therefore, the next level down still shows
that the zoning district is (PI) Public Institutions, which is used for schools. However, it is a
single - family house and should be changed to RS -3 Low - Density Residential.zoning. The owner
of the property has been notified, but no response was received. Staff recommends the change of
the zoning district to be approved.
The Chair opened the Public Hearing.
No discussion
The Chair closed the Public Hearing.
Mr. Morton questioned does the north portion of the property (the playing field) count as a park.
Mr. Youkilis replied anywhere where there is open space it is categorized as open space. Mr.
Vageline commented that since 1989, the property is labeled as park and recreation, but it is not
useable to the public.
Mrs. Beckman questioned if there will be in investigation on the property since a person was
able to change zoning into the four stories. Mr. Youkilis responded that page two provides the
description of the Future Land Use map. The error stated 1986 which showed the property as PI
on the zoning map. In 1997, when the first Future Land Use map came out it the property was
labeled as an Educational category (four stories).
Mrs. Beckman questioned if the Land Use plan was signed off by a City planner. Mr. Vageline
responded that when this task was under taken in 1986, it could have been done by consultants or
planners or a combination of both. The procedure is usually not signed off by individuals; they
are presented to the LPA, than the City Commission.
Mrs. Yates commented that in 1989 when the Comprehensive Plan started, the whole city
Planning Board
November 30, 2010
Page 6 of 6
received a category and this category was a mistake, but after twenty years this mistake should
not happen again. Staff does go through the maps to locate the properties that are not consistent.
Mrs. Young commented that under proposed amendment review, can the home not be rebuild
due to the conforming use? Mr. Youkilis replied yes.
Mr. Morton questioned when this change is made will the last sentence be removed. Mr.
Youkilis responded yes.
Motion: Mr. Morton moved to approve the item as presented. Mrs. Young seconded
Vote: 7 Ayes 0 Nays
V. Remarks:
Mrs. Yates informed Mr. Chai that all the parks have been approved as presented.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Kamal Chai 6955 SW 65 Avenue Support
Mr. Chai informed the Board that he is in support with the item and has been a resident in the
City of South Miami for years. He questioned if there would be police patrolling the All
American Park after dark. Mrs. Yates responded that staff could address the issue.
Mr. Youkilis commented that on the telecommunication antennas issue.He commented that the
Board was against it and the City Commission did not take action. However, the City
Commission has decided to conduct a future public workshop on the item.
VI. Minutes:
A) The meeting minutes of October 26, 2010 and November 9, 2010 have been deferred.
VII. Adjournment:
Action: There being no further business before the Board, Mrs. Yates adjourned the Planning
Board meeting at 8:12 p.m.
TN /SAY
Y: \PB \PB Minutes\2010 Minutes\ 11- 30- 2010\PB.Minutes.11.30.2010.doc