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19To: Via: From: Date: South Miami AII•Amedca City CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 The Honorable Mayor Stoddard and Members of the City Commission Hector Mirabile, Ph.D., City Manager Thomas J. Vageline, Director Planning and Zoning Department 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 All America Veterans' Memorial 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. 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 September 7, 2010 via Ordinance No. 21- 10 -2046 and was accepted by the Florida Department of Commtmity 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 The City purchased the property at 6820 SW 64 Avenue in 1997 for the purpose of preserving the natural vegetation and trees. It has been described as an excellent example of the "Old Florida" ecosystem. It is important to note that the name of the park was changed to All America Veterans' Memorial Park by the adoption of Resolution No. 272 -10 -13306 by the City Commission on December 7, 2010. PROPOSED REZONING REVIEW The subject proposed rezoning for 6820 SW 64 Avenue (All America Veterans' Memorial Park) will be from "RS -3" Low - Density Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use District. SITR ANAIINSIS -- Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use Nom 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. 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. 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 6820 SW 64 Avenue (All America Veterans' Memorial Park) be approved on first reading. Attachments: Draft ordinance Location map Ordinance No.21 -10 -2046 Florida DCA Letter, October 15, 2010. Planning and Zoning Department Staff Report 11 -30 -10 Planning Board Meeting Excerpt 11 -30 -10 Resolution No. 272 -10 -13306 TJV /SAY X: \Comm Items\2011 \1- 18.11 \LDC Amend Rezone All America Park CM Report.doc 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 All America Veterans' Memorial 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. WHEREAS, the City of South Miami purchased the property at 6820 SW 64 Avenue in 1997 for the purpose of preserving the natural vegetation and trees on the site which has been described as an excellent example of the "Old Florida" ecosystem; 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 6820 SW 64 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 September 7, 2010 via Ordinance No. 21 -10 -2046; 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 All America Veterans' Memorial Park located at 6820 SW 64 Avenue (Folio No. 09- 4025- 000 - 0430). Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 l't Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of _ 2011. COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: X: \Comm Items\20I I \1- 18- 11\L.DC Amend Rezone All America Park Ord.doc I ORDINANCE NO. 2 3 An Ordinance of the Mayor and City Commission of the City of South Miami, 4 Florida, relating to a request to amend the official zoning map of the City of South 5 Miami Land Development Code by changing the zoning use district from "RS -3" 6 Low- Density Residential Zoning Use District to "PR" Parks and Recreation Zoning 7 Use District for the property identified as All America Veterans' Memorial Park 8 located at 6820 SW 64 Avenue (Folio No. 09- 4025- 000 - 0430); providing for 9 severability; providing for ordinances in conflict; and providing an effective date. 10 11 WHEREAS, the City of South Miami purchased the property at 6820 SW 64 Avenue in 12 1997 for the purpose of preserving the natural vegetation and trees on the site which has been 13 described as an excellent example of the "Old Florida" ecosystem; and 14 15 WHEREAS, in 2010 it was determined by the Local Planning Agency that the 16 Comprehensive Plan Future Land Use Map (FLUM) category for the property located at 17 6820 SW 64 Avenue required a change from the Single - Family Residential (Two Story) 18 category to the Parks and Open Space future land use category; and 19 20 WHEREAS, in order to show the correct future land use map a FLUM 21 amendment was initiated by the Local Planning Agency and was adopted by the City 22 Commission on September 7, 2010 via Ordinance No. 21 -10 -2046; and 23 24 WHEREAS, the FLUM amendment was accepted by the Florida Department of 25 Community Affairs as a small scale amendment in a communication dated October 15, 26 2010; and 27 28 WHEREAS, the assignment of a new future land use category required that the 29 property's current zoning district of "RS -3" Low - Density Residential Zoning Use District 30 to be changed to "PR' Parks and Recreation Zoning Use District; and 31 32 WHEREAS, the Planning Board at its meeting on November 30, 2010 conducted a 33 public hearing and adopted a motion by a vote of 7 ayes 0 nays recommending approval of 34 the proposed rezoning; and. 35 36 WHEREAS, the City Commission desires to accept the recommendation of the 37 Planning Board and enact the aforesaid rezoning. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 41 42 Section 1. The Official Zoning Map of the City of South Miami is hereby amended by 43 changing the current zoning use district of "RS -3" Low - Density Residential to the "PR" 44 Parks and Recreation Zoning Use District for the property identified as All America Veterans' 45 Memorial Park located at 6820 SW 64 Avenue (Folio No. 09- 4025- 000 - 0430). 46 47 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 48 ordinance are hereby repealed. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11 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 ►:111y11.'136 CITY CLERK 1st Reading — 2ad Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of 2011. APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: X:\Comm1tems\2011\1-18-11\LDC Amend Rezone All America Park Ord.doc City of South Miami PB -10 -042 Zoning Use District Change RS -3 Low - Density Residential to PR Parks and Recreation 6820 SW 64 Ave. All- America Park 6649 16629 6609 16521 1 6511 1 6501 6421 SW 65TH ST > d 6511 6521 j SW 65TH TER Z 6510 6610 6421 6420 6602 6421'420- °i _ 6608 6520 0 8500 6420 6431 6430 6431 6430 6431 6430 6431 6430 6520 6441 6501 6500 6500 6509 6500 6501 6500 6521 j SW 65TH TER Z 6510 6610 6421 6420 6602 6421'420- '�f•: �'yi:' _ - 6421 6420 oo 6421 6420 6431 6430 6431 6430 6431 6430 6431 6430 6520 6441 6501 6500 6500 6509 6500 6501 6500 6530 6501 6511 6510 6510 6511 6510 6511 6510 6511 6540 6521 6520 6521 6520 6521 6520 6521 6520 6550 6531 6530 6531 6530 6531 6530 6531 6530 6609 6610 F 6619 6602 6612 '�f•: �'yi:' 602 682 1 6904 oo O ° 6812 6611 6610 co 6616 6621 6620 6600 0 062r 6622 U 882q ,a 6618 7111 F 7121 6935 7010 Q sszl 6701 Fz- � ssls 7009 v S g3q ��, O O O N b 6636 6610 - 6648 vi 6710 6711 6489 7020 d 6720 0 6666 w 6632 7049 66721 731 6730 6491 c�ni o, 7031 °' o ° ;'� °•/ 6700 6700 6712 56341 o �o� F- ¢ 6715 6467 n 6493 7100 U (D 6743 ¢ 6'121 7133 7132 mo �' 7110 6736 7111 605 m 68TH ST 6740 > SW 66TH ST d 6601 6600 F 41 11 6600 6801 6350 m 682 1 6904 oo O ° 6812 6611 6610 co 6616 6621 6620 6970 0 6905 0 6633 6632 ,a 7111 F 7121 6935 > SW 66TH ST d 6601 6600 F 6380 6600 6370 6350 m 6�0� 6904 6911 6931 6951 6971 O ° 6812 6611 6610 6617 6616 'g 6621 6620 6970 0 0 6633 6632 4 6631 7111 F 7121 6630 7010 6641 6701 6700 7009 7028 6479 6700 O O N b 6701 6610 - vi 6710 6711 6489 7020 6720 0 w O 7049 66721 731 6730 6491 c�ni o, 7031 —Y SW 0 6801 6810 6802 <o 0 6821 6820 uG' 6841 6840' 6601 6600 6611 6610 6621 6620 6631 6640 6701 6700 6711 6710 6721 6720 6731 6730 6840 6800 6815 6300 ;kiz]in7,0'hr�". 6370 6350 n 6�0� 6904 6911 6931 6951 6971 O ° 6812 6925 6930 6924, 6945 6950 6944 6955 6840 6800 6815 6954 ;kiz]in7,0'hr�". ° SW T 69 1 `o 0 IX 6925 v° `O 6941 6905 6910 6904 6911 6931 6951 6971 6910 6930 6950 6970 6925 6930 6924, 6945 6950 6944 6955 6970 0 GIS data by Miami -Dade County, 3/2010. Made /revised by City of South Miami EnaineerinP 6601 6600 6611 6610 6621 6620 6631 6630 6701 6700 6711 6710 6721 6720 6731 6730 6801 1 6800 6815 6954 ¢ ° 9 N O �, 7000 7001 0 6955 691 SW 7006 0 0 0 7107 4 7111 F 7121 6333; 7010 7011 7009 7028 6479 9" O O N b 6610 - vi 6475 �., 6489 7020 7021 7049 7048 6491 7030 7031 6471 56341 7113 7112 71ST LN r',! - 6467 n 6493 7100 U 7101 7133 7132 �' 7110 F 7111 m 'w 1182 SW 72ND ST SUNSET DR _ 0 o m o 0 0 0 H 6340 6500 6639[,!`:'' � o"' 7240 o 0 0 v 0 7230 7231 7230 GIS data by Miami -Dade County, 3/2010. Made /revised by City of South Miami EnaineerinP 6601 6600 6611 6610 6621 6620 6631 6630 6701 6700 6711 6710 6721 6720 6731 6730 6801 1 6800 6815 rn m 6825 ° 6841 N o 0 6917 > 7015 6929 jQ1_3? 0 6944 691 SW 0 0 m 7061 0 >000 3 6310 6280 7223 7231 7237 6259- 10 > 7015 0 0 7101 7105 0 >y 0 7107 4 7111 7121 6333; °� O O N b 3 6310 6280 7223 7231 7237 6259- ORDINANCE NO. 21-10-2046 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 Fill- 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. WHEREAS, Application PB -10 -013 is a request fora 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 AIl- America Park located at 6820 SW 64 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 6820 SW 64 Avenue in 1997 for the purpose of preserving the natural vegetation and trees said area being described as an excellent example of the "Old Florida" ecosystem; and WHEREAS, The proposed amendment for 6820 SW 64 Avenue (All- America 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 All- America 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 location 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 Ali- America Park and located at 6820 SW 64 Avenue. Res. No. 21 -10 -2046 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. PASSER AND ADOPTED this 7th day of September, 2010 ATTEST: CY CLERK 1" Reading - 7/27/10 2 "0 Reading - 9/7/10 READ AND APPROVED AS TO FOPUM AND SUFFICIE NCY: CITY ATTO Y _ MAYOR COIv MUSSION VOTE,: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea X: \Comm Ttems\20M7 -27 -10 \Comp Plan PLUM Amend All Amer Park Ord.doe 2 r STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor 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)(a), Florida Statutes. If you have any questions, please contact Terri Stoutamire at (850) 922 -1804. Sincerely, D. Ray Eubanks Plan Review & Processing Administrator DRE /ts cc: Carolyn A. Dekle, Executive Director, South Florida RPC OCT 2 1 2010 Manning and , o.n r, 25 *jfjnjt) FD OAK BOULEVARD a TALLAHASSEE, FL 32399.2100 85d- 488 -8466 (p) a 850 -921 -0781 (f) ♦ Website: www.d ca.state.fl.us ♦ COMMUNITY PLANNING 8504882356 (p) 850 -088.3309 (f) ♦ PLORiDA COMMUNITIES TRUST 850 -922 -2207 (p) 850 -921 -1747 (f) ♦ HOUSING AND COMMUNITY DEVELOPMENT 850488 -7956 (p) 850 - 922 -5623 (U To: Honorable Chair and Date: November 30, 2010 Planning Board Members From: Thomas J. Vageline, Director Re: LDC Rezoning RS -3 to PR Planning and Zoning Department All- America Park 6820 SW 64 Ave. 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. 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 September 7, 2010 via Ordinance No.21 -10 -2046 and was accepted by the Florida Department of Community Affairs as • small scale amendment in a communication dated October 15, 2010. The property will become • neighborhood park with limited recreational activities. RECENT HISTORY OF THE SITE The City purchased the property at 6820 SW 64 Avenue in 1997 for the purpose of preserving the natural vegetation and trees. It has been described as an excellent example of the "Old Florida" ecosystem. PROPOSED REZONING REVIEW The subject proposed rezoning for 6820 SW 64 Avenue (All- America Park) will be from "RS- 3" Low - Density Residential Zoning Use District to the "PR" Parks and Recreation Zoning Use Rezoning 6820 SW 64 Ave. November 30, 2010 Page 2 of 3 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 I 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. 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 6820 SW 64 lve. November 30, 2010 Page 3 of 3 4. The zoning district change participation in assuring the neighborhood park. will formally recognize the City's efforts and citizen protection of green open space and the creation of a 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 6820 SW 64 Avenue (All - America Park) be approved. Attachments: Location map Ordinance No.21 -10 -2046 Florida DCA Letter, October 15, 2010. Copies of Public Notice TJV / /SAY X: \PB \PB Agendas Staff Reports \2010 Agendas Staff Reports \11- 30- 10\PB -10 -042 LDC Rezone All Amer Park.doo [a] I INCORPOR } y 1927 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. '� Y �\ 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 James Connell ADDRESS SUPPORT /OPPOSE PROJECT 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. Youldlis 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. 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