23South 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 Departme
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 "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.
SUMMARY OF REQUEST
The subject application would amend the zoning use district on the property. The subject property's
current zoning is "PI" Public /Institutional Zoning Use District must be changed to "RS -3" Low - Density
Residential 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 which is occupied by a single family home. The corrective action was suggested
by the property owner and a member of the City Commission. The FLUM change was adopted on
September 7, 2010 via Ordinance No.23 -10 -2048, and was accepted by the Florida Department of
Community Affairs as a small scale amendment in a communication dated October 15, 2010.
RECENT HISTORY OF THE SITE
The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3 (Single- Family)
from 1971 until 1989 according to records and maps in the Planning and Zoning Department. In 1989 the
City produced the first Future Land Use Map as required by the (then new) State Comprehensive
Planning Act. This map indicated that the subject property was in the Public and Semi Public (Four Story)
future land use map category, the same category as the Ludlam Elementary School abutting the property
to the north. The City has no record as to why this property, which was clearly a single- family home and
owned by a private party, would have been placed in that category. That error also resulted in the 1989
Official Zoning Use map also showing the property in the "PI" Public / Institutional Zoning district,
which remains the current zoning use district.
The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in the 1996 EAR.
The Future Land Use Map category for this property was indicated as Educational (Four- Story) the
same category assigned to the Ludlam Elementary School immediately abutting the single family home.
SITE ANALYSIS
Parcels
Comprehensive Plan
Existing Land Use
Category
Land Development Code
Existing Zoning District
Actual Use
North
Educational (Four Story)
Pl, Public /institutional
Public school
East
Single Family Residential
RS -3
Canal and Single family homes
South
Single Family Residential
RS -3
Single family homes
West
Single Family Residential
RS -2 (Semi-Estate Residential)
Single family homes
Compatible with Comprehensive Plan.
A rezoning of property 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.
STAFF OBSERVATIONS
The current zoning district of "PI" Public / Institutional will need to be changed to the "RS -3" Single
Family Residential Zoning District.
1. The property is surrounded on three sides by single - family zoning districts. The use of that property
for school or educational purposes would not be a compatible land use.
2. The existing zoning district, PI, would allow for any number of institutional type uses including
schools. The maximum height in the PI zone district in that location would be two stories. The uses
allowed by the current zoning district would not be compatible with the surrounding single family
neighborhood.
3. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan
and with the land use map category currently assigned to the property.
4. The amendment is needed in order to accurately reflect the actual use on the site and to protect the
surrounding residential community from inappropriate land uses.
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 change of zoning use district from "PP' Public /Institutional Zoning
Use District to "RS -3" Low - Density Residential Zoning Use District for the property located at 7435
SW 66 Avenue be approved on first reading.
Attachments:
Draft ordinance
Location map
Ordinance No.23 -10 -2048
Florida 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\2011 \1- 18- 11 \LDC Amend Rezone Rothan CM Report.doe
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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 "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.
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
7435 SW 66 Avenue was assigned in error in 1989; and
WHEREAS, the Future Land Use Map indicated that the subject property was in
the Public and Semi Public (Four Story) future land use map category, the same category
as the Ludlam Elementary School abutting the property to the north, however, the subject
property is occupied by a single family home; 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.23 -10 -2048; 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 "PI" Public / Institutional will need to be changed to
the "RS -3" Single Family Residential 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 district of "PP' Public / Institutional to the "RS -3" Single
Family Residential Zoning Use District for property located at 7435 SW 66 Avenue (Folio
No. 09- 4036 - 050- 0020).
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
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2011.
APPROVED:
MAYOR
X: \Comm Items\2011\1 -18 -1 RLDC Amend Rezone Rothan Ord.doc
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
City of South Miami N
PB -10 -045 Zoning Use District Change
"PI" Public /Institutional to "RS -3" Low - Density Residential "' E
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11
ORDINANCE NO. 23-10-2048
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 Educational (Four - Story) to Single - Family Residential
(Two -Story) 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.
WHEREAS, Application PB -10 -016 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 located at 7435 SW 66 Avenue from
the category Educational (Four - Story). To Single Family Residential (Two- Story); and
WHEREAS, the proposed amendment was suggested by the property owner and a
member of the City Commission and is a technical correction needed to show the correct future
land use map category for the property which is clearly occupied by a single family home ; and
WHEREAS, since 1989 the subject property has been placed in the Educational
(Four -Story) Future Land Use Map category which is the same category as the Ludlam
Elementary School abutting the property the property to the north; and
WHEREAS, the City of South "Miami has no records as to why or when this property,
which is a single - family home and owned by a private party, would have been placed in the
Educational Future Land Use Map 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 actual use on the site and to protect the
surrounding residential community from inappropriate land uses and that the proposed
amendment is consistent with the goals and policies of the City's Comprehensive Plan; and
WHEREAS, on July 13, 2010, after Public Hearing regarding the proposed
amendment, the Local Planning Agency recommended approval of the proposed amendment
by a vote of 5 ayes 2 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 Educational (Four- Story).
to Single Family Residential (Two -Story) on property located at 7435 SW 66 Avenue.
1
Ord. no. 23 -10 -2048
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
I" Reading-7/27/10
2nd Reading — 9/7/10
READ AND APPROVED AS TO FORK[
AND SUFFICIENCY:
CITY ATTORNEY
X: \Comm Items\2010 \7 -27 -10 \C0mp Plan PLUM Amend Rothan Res Ord.doc
APPROVED:
jU
MAYOR
COMMISSION VOTE:
4 -1
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Nay
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
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
losol.
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)(a), 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. Dekle, Executive Director,
South Florida RPC
OCT 2 1 2010
Planning and 7o an
28[2D OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100
85 488 -8466 (p) ♦ 850 -921 -0781 (f) e Website: www.dca.state.fl.us
♦ COMMUNITY PLANNING 850x88 -2356 (p) 850488 -3309 (9 ♦ FLORIDA COMMUNITIES TRUST 850. 922 -2207 (p) 850.921 -1747 (T)
♦ HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956(p) 850- 92&5623(0 e
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
en r„
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663 -6326; Fax #: (305) 668 -7356
On Tuesday, November 30,2010 at 7:30$M., the City of South Miami Planning Board will conduct public beatings ;Inthe CItyCOMMddJon
Chambers at the above address on the following items:.
Applicant: City of South Miami
Location: 7800 Sell 59 Avenue
An Ordinance of the Mayor and City Commission of the City of South Miami, Pionda 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. Og- 4036 -039 -0020 and Folio No. 09- 4036 - 039 - 0025); providing for severabliity;
providing, focordinances in conflict; and providing an effective date.
'Applicant: City of South Miami . _
Location; 8051' SW 58Avenue -
An Ordinance of the Mayor and.CitpCommission of the.City.of South Miami, Forida, relating;to a request to amend the official'
zoning me of the City ol,South'MiamiI Land Development; Cotle by changing the zoning use district from "RS -3' Low- Density
Residential Zoning'Use Distnct,to. "PR" Parks. and Recreation Zoning Use, District fbrthe' property identified as Dison Park,
'Ideated at 8051 SW 58 AvenueyFoUO No. 09- 4036 - 000- 0520);.p6h:I og. for separability; providing jar Ordinances to cori0ict;..
and providing ao.effective,date..
PB -10 -042
. Applicant: City Of South Miami
Location: 6820 SW 64 Ave.
An Ordinance of the Mayor and City.Commissionof the City of South Miami; Florida,. relating to a request to amend the of Bit at
zoning map of.the. City of.5omh Miami Land Development Code by changing the zoning use district from "RS -3 ".Low - Density
Residential Zoning Use District to "PR" Parks add Recreation Zoning Use District for the property for the property identified
as All- America Park located at 6520, Say 64 Avenue (Folio, No.. 09- 4025.000- U430); providing for applicability; providing for
ordinances in conflict; and providing an effective date.
PtB-10-043
Applicant:. City of South Miami.
Location: 5800 SW66th Sheet - _
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the offlclaI
zoning map of the City of South�Mii mi 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 fail Block,1, Larkins Towasite(Folid'
No. 09- 4025 -02B- 0010); providing far severability; providing for ordinances in conflict, and providing an effective Bate:
Pte_ ..
Applicant: City of South Miami, - -
Location: 5845 -55 SW 68 Street; 6731 SW 58th Place
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 ISO coning use district from . "LO ",LOW -IntensUy
Office Zoning Use District to "PR" Parks and Recreation Zoning Use District for propeityidenlified as apart of the Murray'Park,
Community Center located at 5845 -5855 SW Sam Street and 6731 SW 56th Place, and legally described as Lots 10P thru 17,
Block 8, Townsite of Larkins (Folio Nos. 09- 4025 - 028 -0900; 09r 4025 - 028,0910, 09- 4025-028- 0920); providing for severability;
providing for ordinances in conflict; and providing an effective. date.
PB -10 -045
Applicant: City of South Miami - -
Location: 7435SW66Avenue -
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 coning 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 severidefrW providing for ordinances in conflict;
and providing an effective dale.
All interested panes are urged to attend. Belpre lion d or expressions of apposed may be made In person at the hearing or filed in writing prior to or at the hearing.
The Planning Board reserves the right to recommend to the City Commission whatever the board Consoars in the best interest for the area involved. Interested
parties requesting information are asked to contact the Planning and Zoning Department by calling 305. 663.6326 or writing to the address Indicated above,
You are hereby advised that if any person desires to appeal any restated made with respect to any matter considered at Nis meeting or heating, such person
will need a record of the proceedings, and for bract purpose may need to ensure that a verbatim recard of the proceedings is made, which record includes the
insanitary evidence open which the appeal is to be based (FS. 286,0105). Refer to hearing number when making any Inquiry.
To: honorable Chair and Date: November 30, 2010
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Rezoning PI to PR
Planning and Zoning Department Rothan Residence 7435 SW 66
Avenue
-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.
SUMMARY OF REQUEST
The subject application would amend the zoning use district on the property. The subject
property's current zoning is "PI" Public /Institutional Zoning Use District must be changed to
"RS -3" Low- Density Residential 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 which is occupied by a single family home. The corrective action
was suggested by the property owner and a member of the City Commission, The FLUM change
was adopted on September 7, 2010 via Ordinance No.23 -10 -2048, and was accepted by the
Florida Department of Community Affairs as a small scale amendment in a communication
dated October 15, 2010.
RECENT HISTORY OF THE SITE
The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3 (Single -
Family) from 1971 until 1989 according to records and maps in the Planning and Zoning
Department. In 1989 the City produced the first Future Land Use Map as required by the (then
new) State Comprehensive Planning Act. This map indicated that the subject property was in the
Public and Semi Public (Four Story) future land use map category, the same category as the
Ludlam Elementary School abutting the property to the north. The City has no record as to why
Re- Zoning
7435 SW 66 Ave.
November 30, 2010
Page 2 of 3
this property, which was clearly a single- family home and owned by a private party, would have
been placed in that category. That error also resulted in the 1989 Official Zoning Use map also
showing the property in the "PI" Public / Institutional Zoning district, which remains the current
zoning use district.
The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in the 1996
EAR. The Future Land Use Map category for this property was indicated as Educational (Four -
Story) the same category assigned to the Ludlam Elementary School immediately abutting the
single family home.
PROPOSER AMENDMENT REVIEW
The proposed re- zoning for 7435 SW 66 Avenue will be to remove the current "PI" Public J
Institutional Zoning district, and replace it with the "RS -3" Low - Density Residential Zoning Use
District. The current zoning use district on the property makes the single- family home a non-
conforming use which means the existing structure can not be enlarged in any way and if
destroyed the home could not be rebuilt.
CTTV ANAT.VCTC
Parcels
Comprehensive Plan
Existing Land Use
Cate ory
Land Development Code
Existing Zoning District
Actual Use
North
Educational (Four Story)
PI, Public /Institutional
Public school
East
Single Family Residential
RS -3
Canal and Single family homes
South
Single Family Residential
RS -3
Single family homes
West
Single Family Residential
RS -2 (Semi- Estate Residential)
I Single family homes
Compatible with Comprehensive Plan.
A rezoning of property 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.
STAFF OBSERVATIONS
The current zoning district of "PI" Public / Institutional will need to be changed to the "RS -3"
Single Family Residential %t -r. i r,'- District.
Re- Zoning
7435 SW 66 Ave.
November 30, 2010
Page 3 of 3
The property is surrounded on three sides by single - family zoning districts. The use of that
property for school or educational purposes would not be a compatible land use.
2. The existing zoning district, PI, would allow for any number of institutional type uses
including schools. The maximum height in the PI zone district in that location would be two
stories. The uses allowed by the current zoning district would not be compatible with the
surrounding single family neighborhood.
2. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan and with the land use map category currently assigned to the property.
3. The amendment is needed in order to accurately reflect the actual use on the site and to
protect the surrounding residential community from inappropriate land uses.
RECOMMENDATION
It is recommended that the proposed change of zoning use district from "PI" Public /Institutional
Zoning Use District to "RS -3" Low - Density Residential Zoning Use District for the property
identified located at 7435 SW 66 Avenue be approved.
Attachments:
Location map
Ordinance No.23 -10 -2048
Florida DCA Letter, October 15, 2010.
Copies of Public Notice
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CITY 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. Youldlis 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.
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