19South 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 ITEM 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 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.
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 "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 September 7, 2010 via Ordinance No.22-
10 -2047 and was accepted by the Florida Department of Community Affairs as a small scale amendment
in a communication dated October 15, 2010. The property will become a neighborhood park with limited
recreational activities.
RECENT HISTORY OF THE SITE
Ms. Charlotte Dison, the owner of the park site and also a single family home south of the proposed park,
offered to sell the vacant portion of her property (0.60 acre) to the City if a commitment was made to
develop the land into a neighborhood park. The City received a significant portion of the acquisition cost
from County and State of Florida grant programs. The City completed the purchase of the property at
8051 SW 58 Avenue in 2009. The purpose of the acquisition was to preserve open space and to provide
limited recreational activities for the neighborhood. A Miami -Dade County grant has been received for
the City to implement improvements.
PROPOSED REZONING REVIEW
The subject proposed rezoning for 8051 SW 58 Avenue (bison Park) will be from "RS -3" Low - Density
Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use District. The City owned
property is now scheduled for infrastructure improvements in the City's Capital Improvement Plan (2009-
2013). The appropriate zoning use district should be in place before improvements are started.
SITE ANALYSIS
Parcels
Comprehensive Plan
Existing Land Use
Category
Land Development Code
Existing Zoning District
Actual Use
North
Single Family Residential
RS -3
Single family homes
East
Single Family Residential
RS -3
Single family homes
South
Single Family Residential
RS -3
Single family homes
West
I 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.
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.
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.
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 8051 SW 58 Avenue (bison
Park) be approved on first reading.
Attachments:
Draft ordinance
Location map
Ordinance No. 22 -10 -2047
DCA Letter, October 15, 2010.
Planning and Zoning Department Staff Report 11 -30 -10
Planning Board Meeting Excerpt 11 -30 -10
TJV /SAY
X: \Comm Items\201 1\1- 18 -11TDC Amend Rezone Dison Park CM Report.doc
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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 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.
WHEREAS, in 2009 the City of South Miami purchased the property at 8051 SW 58
Avenue for the purpose of preserving open space and to provide limited recreational activities for
the neighborhood; 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
8051 SW 58 Avenue required a change from the Single - Family Residential (Two Story)
future land use 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 September 7, 2010 via Ordinance No. 22 -10 -2047; and
WHEREAS, the FLUM amendment was accepted by the Florida Department of
Community Affairs as a small scale amendment in a communication dated October 15,
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 the property identified as Dison Park located at
8051 SW 58 Avenue (Folio No. 09- 4036- 000 - 0520).
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
WINS 1113 A
CITY CLERK
I st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2011.
MAYOR
X: \Comm Items\2011 \1- 18- 11\LDC Amend Rezone Dison Ord.doc
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
City of South Miami N
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ORDINANCE NO. 22-10-2047
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 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.
WHEREAS, Application PB -10 -015 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 Dison Park located at
8051 SW 58 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 8051 SW 58 Avenue
in 2009 for the purpose of preserving open space and to provide limited recreational activities for
the neighborhood; and
WHEREAS, Dison Park at 8051 SW 58 Avenue is scheduled for infrastructure
improvements in the City's Capital Improvement Plan (2009 -2013) and the appropriate land use
category and zoning district should be ux.place before improvements are started; 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
proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan,
the amendment is needed in order to accurately reflect the location of City parks on the Future
Land Use Map and the need to maintain and protect the City's inventory of recreation and open
space; 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 Dison Park located at 8051 SW
58 Avenue.
Ord. no. 22 -10 -2047
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 7th day of September, 2010
ATTEST:
CITY CLERK'
ist Reading - 7/27/10
2 °d Reading — 9/7/10
READ AND APPROVED AS TO FORM
AND STJ F GI NCY:
CITY ATTORNEY
X: \Comm Items\2010 \7 -27 -10 \Comp Plan FLUM Amend Dison Park Ord.doc
APPROVED:
/J0��
MAYO
COMMISSION VOTE:
4 -1
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Nay
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
a .3
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE GRIST
Govemor
October 15, 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) 21 -10 -2046, 22 -10 -2047 & 23 -10 -2048 on
September 7, 2010, for our records. The ^reference number for this amendment package is
1OS01.
The Department will not conduct a 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)(x), Florida Statutes.
If you have any questions, please contact Terri Stoutamire at (850) 922 -1804.
DRE /ts
Sincerely,
r
D. Ray Eubanks
Plan Review & Processing Administrator
cc: Carolyn A. Dekte, Executive Director,
South Florida RPC
OCT 2 1 2010
manning and
25 IQ'';RD OAK BOULEVARD e TALLAHASSEE, FL 32399.2100
850 -488 -6466 (p) ♦ 850- 921 -0781 (f) • Website: www.dca.state.fl. us
♦ COMMUNITY PLANNING 850488- 2358(p) 850 -088.3309(0 ♦ FLORIDA COMMUNITIES TRUST 850- 922- 2207(p) 850- 921- 1747(Q ♦
♦ HOUSING AND COMMUNITY DEVELOPMENT 850-088-7956 (p) 850- 92&5623 (f)
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: November 30, 2010
Re: LDC Rezoning RS -3 to PR
Dison Park, 8051 SW 58 Ave.
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.
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 'W' 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 September 7, 2010 . via
Ordinance No.22 -10 -2047 and was accepted by the Florida Department of Community Affairs as
a small scale amendment in a communication dated October 15, 2010. The property will become
a neighborhood park with limited recreational activities.
RECENT HISTORY OF THE SITE
Ms. Charlotte Dison, the owner of the park site and also a single family home south of the
proposed park, offered to sell the vacant portion of her property (0.60 acre) to the City if a
commitment was made to develop the land into a neighborhood park. The City received a
signification portion of the acquisition cost from County and State of Florida grant programs.
The City completed the purchase of the property at 8051 SW 58 Avenue in 2009. The purpose of
the acquisition was to preserve open space and to provide limited recreational activities for the
neighborhood. A Miami -Dade County grant has been reserved for the City to implement
improvements.
Rezoning
8051 SW 58 Ave.
November 30, 2010
Page 2 of3
PROPOSED REZONING REVIEW
The subject proposed rezoning for 8051 SW 58 Avenue (Dison Park) will be from "RS -3" Low -
Density Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use District.
The City owned property is now scheduled for infrastructure improvements in the City's Capital
Improvement Plan (2009- 2013). The appropriate zoning use district should be in place before
improvements are started.
SITE ANALYSIS
Parcels
Comprehensive Plan
Existing Land Use
Category
Land Development Code
Existing Zoning District
Actual Use
North
Single Family Residential
RS -3
Single family homes
East
Single Family Residential
RS -3
Single family homes
South
Single Family Residential
RS -3
Single family homes
West
Single Family Residential
RS -3
Single family homes
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.
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.
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.
Rezoning
8051 SW 58 Ave.
November 30, 2010
Page 3 of 3
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.
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 8051 SW
58 Avenue (Dison Park) be approved.
Attachments:
Location map
Ordinance No.22 -10 -2047
Florida DCA Letter, October 15, 2010.
Copies of Public Notice
TN/ /SAY
X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \11- 30- 10\PB -10 -041 LDC Rezone Dison Puk.doc
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CITE' OF SOUTH MIAMI
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.
TJV /SAY
Y:\PBTB Minutes\2010 Minutes\ 11- 30- 2010\PB.Minutes.11.30.2010.doe