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22South Miami NFNnerlsa City CITY OF SOUTH MIAMI 1 r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 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) 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) 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. 2 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- 1I \LDC Amend Rezone Rothm CM Report.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 "PI" 6 Public/Institutional Zoning Use District to "RS-3" Low - Density Residential Zoning 7 Use District for the property identified as the Rothan Residence located at 7435 SW 8 66 Avenue (Folio No. 09- 4036- 050- 0020); providing for severability; providing for 9 ordinances in conflict; and providing an effective date. 10 11 WHEREAS, in 2010 it was determined by the Local Planning Agency that the 12 Comprehensive Plan Future Land Use Map (FLUM) category for the property located at 13 7435 SW 66 Avenue was assigned in error in 1989; and 14 15 WHEREAS, the Future Land Use Map indicated that the subject property was in 16 the Public and Semi Public (Four Story) future land use map category, the same category 17 as the Ludlam Elementary School abutting the property to the north, however, the subject 18 property is occupied by a single family home; and 19 20 WHEREAS, in order to show the correct future land use map a FLUM amendment 21 was initiated by the Local Planning Agency and was adopted by the City Commission on 22 September 7, 2010 via Ordinance No.23 -10 -2048; 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 "PI" Public / Institutional will need to be changed to 30 the "RS -3" Single Family Residential 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 district of "PI" Public / Institutional to the "RS -3" Single 44 Family Residential Zoning Use District for property located at 7435 SW 66 Avenue (Folio 45 No. 09-4036-050-0020). 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 2 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK I st Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of 2011. .9• X: \Comm Items\201 1\1-18-1 ITDC Amend Rezone Rothan Ord.doe COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: City of South Miami PB -10 -045 Zoning Use District Change 6750- "PI" Public /institutional to "RS -3" Low- Density Residential 7435 SW 66 Avenue ^ 0 m 7420 7720 Feet 0 100 200 300 600 900 7440 1,200 y w � S 707 6795 �' 7008 7341 7340 ^ 7400 7421 w a\ v 7431 7420 ST 7430 7500 7441 SW 74TH 7010 7510 7511 7009:; N 7028 7521 7531 7530 7600 7601 S 0TH TER 7611 7620 7020 7621 7049':;;7048 3631 16n�0 Z Z 7030 6610- 7113 - 7112 t6479P� 7100 SW 71 ST LN 7133 j 7110 6701 7132 N VJ SUNSET DR SW 72ND ST 6639 7401 i 7400 o ;�F 7411 7410 J O r7441 7511 (A o 7220 7230 7240 7240 7260 SW 73RD ST 7310 6 0 v c o 0 o rn o 7320 7320 7330 7350 m 7340 7360 SW 74TH ST Os-1 v I p , 7400 SW 75TH TER 7531 6540 6510 [7651 7551 6551 7570 SW 76TH ST 7611 m ,,, 7621 SW 76TH TER 7631 7630 m SW 76TH TER iz 7651 `°D 7640 > ry rn rn 6785 7710 7709 N rno SW 77TH TE w 6750- w F 6700 0 6790 ^ 0 m 7420 7720 7300 N 7440 rn y w � r 6795 m U 7341 7340 ^ 7400 7421 w a\ v 7431 7420 ST 7430 7500 7441 SW 74TH 6639 7401 i 7400 o ;�F 7411 7410 J O r7441 7511 (A o 7220 7230 7240 7240 7260 SW 73RD ST 7310 6 0 v c o 0 o rn o 7320 7320 7330 7350 m 7340 7360 SW 74TH ST Os-1 v I p , 7400 SW 75TH TER 7531 6540 6510 [7651 7551 6551 7570 SW 76TH ST 7611 m ,,, 7621 SW 76TH TER 7631 7630 m SW 76TH TER iz 7651 `°D 7640 > ry rn rn 6785 7710 7709 N rno SW 77TH TE w co � 6700 0 6790 ^ 0 n 7420 7720 II30 7440 rn 7310 r G u hs 6639 7401 i 7400 o ;�F 7411 7410 J O r7441 7511 (A o 7220 7230 7240 7240 7260 SW 73RD ST 7310 6 0 v c o 0 o rn o 7320 7320 7330 7350 m 7340 7360 SW 74TH ST Os-1 v I p , 7400 SW 75TH TER 7531 6540 6510 [7651 7551 6551 7570 SW 76TH ST 7611 m ,,, 7621 SW 76TH TER 7631 7630 m SW 76TH TER iz 7651 `°D 7640 > ry rn rn 6785 7710 7709 N rno SW 77TH TE w co � 0 F 0 ^ 0 ^ 0 N o 7720 II30 7311 7310 7321 7320 7331 7330- 7341 7340 7401 7400 7421 7410 v 7431 7420 7437 7430 7500 7441 7510 7511 N 7520 7521 7531 7530 7600 O J n J ° 6501 N ti 7440 7450 7500 7510 7540 7600 7610 7620 7630 7640 7650 x 7011 7020 7021 7030 7031 7040 7101 7110 7111 7120 T i 6341 6396 6pg6 s y, L. s y � � ho 6340 � mom' 7231 7230 7241 7240 7311 7310 7321 7320 7331 7330- 7341 7340 7401 7400 7421 7410 v 7431 7420 7437 7430 7500 7441 7510 7511 N 7520 7521 7531 7530 7600 7601 7610 7611 7620 7621 3631 16n�0 Z Z 6396 6pg6 s y, L. s y � 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. 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: 0_a-- CITY CLERK I" Reading-7/27/10 2nd Reading — 9/7/10 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY X: \Comm Items\2010 \7 -27 -10 \Comp Plan PLUM Amend Rothan Res Ord.doc APPROVED: ML4a MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor NevAnan: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 4 -1 Yea Yea Nay Yea Yea STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE GRIST THOMAS G. PELHAM Governor Secretary October 15, 2010 Thomas J. Vageline, Director Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Vageline: 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. Th,Q 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. Sincerely, v' D. Ray Eubanks Plan Review & Processing Administrator DRE /ts cc: Carolyn A. Dekle, Executive Director, South Florida RPC A M1 J 1 a f: OCT 2 1 2010 Planning and 25 OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100 85 - 4d --8�8 846R6 D (p) + 850- 921 -0781 (f) ♦ Website: www.dca.state.fl.us COMMUNITY PLANNING 850488 -2356 (p) 850488 -3309 (t) ♦ FLORIDA COMMUNITIES TRUST 850422 -1207 (p) 850.921 -1747 (Q HOUSING AND COMMUNITY DEVELOPMENT 850488 -7956 (p) 850-922 -5523 (0 300E II ,SUNDA`-,,MMEMBEP,21,120110 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI saor„ " Planning and Zoning Department 6130 Sunset Drive; South Miami, Fldrida 33143 Phone: (305) 663, -6326; Fax #: (305) 668 -7356 .On TuegdaY November 30,2010 at7:30 PM., the City of South Miami Planning Board will conduct public hearings)n_the C#Commissan Chambers stubs above address an the following itemst'.. -' - PB -10 =040 - Applicant. City ofSomhMiami Location: 7800 SI 59' Avenue An Ordinance ofthe Mayor and City Commission ofthe City nf5outh 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 1dentiffed'as Ban;Smithi Part( located at 7800. SW 59 Avenue (Folio No. 09 -4036. 039 -0020 and Folio No- 09.4036- 039 - 0025); providing for sevembilUy; providing , for - ordinances in conflict; and providing an effective date. " - "Applicant: City of South 'Miami Location: 8051'SW58Avenue - AnOrdinanceoftheMayorand. City -0ommis5 on at the. City of South Miami, Florida relating.to a request to amend Dla official: zoning map of the City DI.South'Miami Land Development; Care by changing the zoning use district from m'RS -3" Law - Density' Residential Zoning Use kalriert.to'!PR" Parks. add Recreation Zoning Use Olt let. the property identified as bison Park "5dcated at 8051 SW 58 Avenue (Folio N6.09- 4036 - 000- 0520t.provlding for segerabtlity; provitl(ng forardinances in cludi ,.. and providing aaeffective,;date.. - P 6 10"042 Applicant: City of South Miami Location: 6820 SW 64 Ave.. An Ordinance of the Mayor an lLCity, Commission of the City of South Miami; Florida, relating to a request to amend the official zoning map otthuCity of.SOUth Miaml Land Development Code by changing the zoning use district from "RS -3 111ow- Density Residential Zoning Use District to "PR" Parks and Recreation Zoning Use District for the property for the property identified as All. America Park located at 6820 SW 64 Avenue (Page, No., 09 -4025- 000 - 0430); providing for severability; providing for ordinances In conflict; and providing an effective date. 'Pg 10.043 Applicanh.City of South Miami. - - Location: 5800 5W661h Street _ An Ordinance of the Mayorand City Commission of the City of South Miami, Florida, relating to a request to amend the official- zoning, map of the City of Sout flilami 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 effecfive'del. P 0 10 -044 .. .. Applicant City of South Miami. Location: 584555 SW 68 Street, 6731 SW 58tfi 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. ibe zoning ,use district from . "LO" Lovi- Intensity Office Zoning Use District to TV Parks and Recreation Zoning Use District for property;Identibed as apart of the Murray Park, Community Center located at 5845 -5655 SW 68th Street and 6731' SW 58th Place, and legally described as Lots 10thru 17,' Block %Townsife of Larkins (Folio Nos. 09- 4025 -1]28 -0900; 09,- 4025 -028 -0910, 09- 4025428- 0920); providing for several illty; providing for ordinances in conflict; and providing an effective.date. , PB -10 -045 - Applicant:City ofSouthMiami' Location: 7435 SW 65 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 Robert Residence located at 7435 SW 65 Avenue (Folio No. 09. 4036.050- 0020); providing for severrabil8y; providing for ordinances in conflict; and providing an effective date. Ail interested parties are weed heaving. Dbleclians compressions m approval maybe made M person at the hearing or tiled In writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in The beat Interest for Me area Involved, interested parties mqussim, information are asked to contact the Planning and Zoning Oepadment by calling 305- 663.6326 or willing to the address Indicated above, you are hereby advisad that it any person desires to appeal any decision made W h respect to any matter considered at this meaning or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim retard of the proceedings is made, which record Includes the testimony and evidence upon which the appeal Is to be based (ES. 286.0105). Peter 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 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. 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. PROPOSED AMENDMENT REVIEW The proposed re- zoning for 7435 SW 66 Avenue will be to remove the current "Pl" Public / 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. SITE ANALYSIS 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) 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 "Pl" Public / Institutional will need to be changed to the "RS -3" Single Family Residential %r. r i.rg 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 TJV / /SAY X:\PB\PB Agendas Staff Reports \2010 Agendas Staff Reports\ 1 1-30-10\PB-10-045 LDC Rezone. Rothan.doc {soup DRAFT q U 0 INCORPORATED s 1927 P �ORtD 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. 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 "Pl" 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. 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