12South Miami
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Lourdes Cabrera, Acting Planning Director
Date: May 3, 2011 ITEM NO.
PB -11 -016
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Educational (Two- Story)," which could be applied
to development projects and properties providing educational facilities and could
also permit other ancillary uses implemented by the category, with building heights
and intensities compatible with surrounding districts; providing for severability,
providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Element amendment
that was initiated at a workshop held by the City Commission on April 12, 2011. At the
workshop, it was decided that the new future land use map category entitled "Educational
(Two- Story)" be created so that educational uses would no longer belong as a sub-
category to PubliclInstitutional Uses.
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION
A change in the Comprehensive Plan Future Land Use Element can be initiated by a
property owner, the Local Planning Agency and the City Commission. An amendment to
the City's Comprehensive Plan document or the future land use map category requires
the adoption of an ordinance by the city commission after receiving advise from the
City's Local Planning Agency Following adoption of the application by the City
Commission, the application package is then submitted to other agencies and the Florida
Department of Community Affairs (DCA) for review and approval.
ANALYSIS
NATURE OF THE PROPOSED USE
Currently there is no definition for education listed in the Land Development Code.
However, as per the Definitions, Section 20 -2.3 of the Land Development Code, a school
is defined as follows:
School. Shall mean institutions of general education offering kindergarten through 12th
grade education or some substantial portion thereof.
Also, both the Webster's Seventh New Collegiate Dictionary as well as the website for
Merriam - Webster Dictionary defines education as follows:
Education. the action or process of educating or of being educated; also : a
stage of such a process.
CURRENT LAND USE CATEGORY
The land use category that is currently in the Comprehensive Plan reads as follows:
Public and-Sent r: blie Institutional Uses (Four- Story)
The public and semi publie institutional land use category is intended to provide for
public schools, municipal facilities, utilities, and churches, temples, synagogues and
similar uses. Areas designated public and senii- publie institutional should not be used for
other purposes without an amendment to this plan. Zoning regulations could permit
public and institutional semi- ffiNmie uses on sites not so designated by this plan. Seheels
Afie•- hf!i2b - 4132a11t— to --be institutions of ,. nei-al- edueatiAirvF kindergarten through
41,- grade -edit sobsntial--poftion thereof. Building heights shat n
fro 't m2-SllirfkHidi?g • • . .n+ ; eiieeed4h awrage of '
no ease shall a Neeed- ourstories. (97 -1 ER)
Education Uses (as a sub- category of the public institutional uses land use designation)
The "educational uses" land use sub - category is intended to provide for public schools
uses. Areas designated as educational should not be used for other purposes without an
amendment to this plan. Zoning regulations could permit public educational uses on sites
not so designated by this plan. Public schools are hereby defined as public institutions of
general education offering kindergarten through 12t" grade education or some substantial
portion thereof, and are owned and operated by the Dade County Public Schools system.
Building heights shall not exceed the average of the maximum permitted heights in the
surrounding zoning districts; and, in no case shall a building exceed four stories in height.
(97 -1ER)
PROPOSED FUTURE LAND USE CATEGORY
Education Uses (Two - Story)
designation)
The "educational uses" land use stib- category is intended to provide for public schools
uses. Areas designated as educational should not be used for other purposes without an
amendment to this plan. Zoning regulations could permit public educational uses on sites
not so designated by this plan. Public schools are hereby defined as public institutions of
general education offering kindergarten through 12t11 grade education or some substantial
portion thereof, and are owned and operated by the Dade County Public Schools system.
Building heights shall not exceed the average of the maximum permitted heights in the
surrounding zoning districts; and, in no case shall a building exceed €oul- two stories in
height. (9q44;R)
3
levels of development: maximum building height of two stories.
NEW FUTURE LAND USE CATEGORY
In order to create an appropriate Land use category and zoning district that would assist in
implementing the strategy, the Planning and Zoning Department, working with the City
Commission have prepared a new future land use element which could be applied to
areas where educational services are appropriate. The following parameters were used to
develop the category:
1. The new land use category cannot exceed the maximum of two (2) stories.
2. The maximum building height for the new land use category shall be as per the
following sub - parameters:
a. Compatible with the surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G) of the Land Development Code;
3. The maximum density for the new land use category shall be as per the following
sub - parameters:
a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
If the "Educational (Two - Story)" category is approved and adopted by the City
Commission, the City can then proceed to change the Future Land Use Map by applying
this category over designated properties.
E
EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20- 3.5(G)
Section 20 -3.5G
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIRFMENT RO LO MO NR SR GR I
Min. Lot Size
Net Area (sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000
Frontage (ft) 75 75 1.00 75 500 100 50
Min. Setbacks ('ft.)
Front 25 20 15b 25 101' 20 20
Rear 20 15 to 15 10 15
Side Unterio'r) 10 10 0 — — —
Side (Street) 20 15 1.0 15 lot' 15 15
Adj. Res. Dist. 25 25 25 25 25 25 25
Side(w /driveway) 20 20 20 20 20 20 20
Between Buildings 20 20 20 — —
Max. Building Height
Stories 2 2 4 2 4 2 2
Feet 25 30 50 25 50 30 30
Max. Building
Coverage ( %) 30 — — — — — —
Max. Impervious
Coverage (%) 75 80 85 75 90 85 85
Max. Floor Area
Ratio (FAR) 0.30 .70 1.60 .25 1.60 .80 .80
" 5' setback with wall opening adjacent to rear property line; no setback if no openings in
wall.
Applies to ground floor only; columns are permitted within the setback. Columns shall not
be greater than 24 inches in diameter; columns on the property line shall not be closer
to each other than 10 feet.
The frontage requirement does not apply to uses in the SR District.
LOCAL PLANNING AGENCY RECOMMENDATION
The Local Planning Agency at its meeting on April 26, 2011 after public hearing, adopted
a motion by a vote of 6 ayes 0 nay recommending approval as presented of the proposed
amendment.
RECOMMENDATION
It is recommended that the amendment set forth above be approved on first reading.
Attachments:
Draft Ordinances
Planning Dept. Staff Report, dated April 26, 2011 (Local Planning Agency)
Local Planning Board Agency Meeting Minutes: April 26, 2011 (Will be provided
electronically before Tuesday's City Commission meeting).
Public Notices
LCKY9Comm lte os\2011 \5- 3- 11 \P6 -11- 016 \P6 -11 -016 -FLU Educational Report CCAre
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Educational (Two - Story)," which could be applied
to development projects and properties providing educational facilities and could
also permit other ancillary uses implemented by the category, with building heights
and intensities compatible with surrounding districts; providing for severability,
providing for ordinances in conflict; and providing an effective date.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statues, directs local governments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth and development; and
WHEREAS, On April 12, 2011, the City Commission held an advertised
workshop that initiated various text amendments to the South Miami Comprehensive
Plan; and
WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after
public hearing, adopted a motion by a vote of 6 ayes 0 nay recommending approval as
presented of the proposed amendment; 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 City Commission hereby approves amending the Comprehensive
Plan Future Land Use Element by adopting a new future land use map category entitled
"Education (Two - Story)," which shall be included in Chapter 1 Future Land Use
Element and shall read as follows:
Educational (Two Story)
Education Uses (Two-Story)
rdesigxat ne
The "educational uses" land use sub - category is intended to provide for public schools uses.
Areas designated as educational should not be used for other purposes without an amendment to
this plan. Zoning regulations could permit public educational uses on sites not so designated by
this plan. Public schools are hereby defined as public institutions of general education offering
kindergarten through 12`x' grade education or some substantial portion thereof, and are owned and
operated by the Dade County Public Schools system. Building heights shall not exceed tine
average of the maximum permitted heights in the surrounding zoning districts; and, in no case
shall a building exceed fear two stories in height. (97-14.2R)
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development: maximum building height it of two stories.
Section 2: Severability. 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: Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South, Miami as amended. The
sections of this ordinance may be renumbered or re- lettered to accomplish such intention;
and the word "ordinance" may be changed to "section" or other appropriate word.
Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all
section and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of
ordinances, that give the appearance of being in conflict when the two ordinances can be
harmonized or when only a portion of the ordinance in conflict needs to be repealed to
harmonize the ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5: Effective Date. This ordinance shall become effective at the
expiration often days after adoption.
PASSED AND ADOPTED this _ day of 2011
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
m"t. inas
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
LCHY:AComm Items \2011 \5 -3 -11 \Ordinance - WORKHOP 3 -12 -11 - PB- I 1-016.doc
CITY OF SOUTH MIAMI
To: Honorable Chair &
Local Planning Agency Members
From: Lourdes Cabrera, Acting Director
Planning and Zoning Department
Date: April 26, 2011
Re: New Future Land Use
Category - Educational (Two - Story)
PB -11 -016
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the test of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Educational (Two - Story)," which could be applied
to development projects and properties providing educational facilities and could
also permit other ancillary uses implemented by the category, with building heights
and intensities compatible with surrounding districts; providing for severability,
providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Element amendment
that was initiated at a workshop held by the City Commission on April 12, 2011. At the
workshop, it was decided that the new future land use map category entitled "Educational
(Two - Story)" be created so that educational uses would no longer belong as a sub-
category to Public /Institutional Uses.
The Future Land Use Element outlines the type of land uses (e.g., residential;
commercial, office, industrial) and amount of development that may be built in the
community over the planning horizon. A change in the Comprehensive Plan Future Land
Use Element can be initiated by a property owner, the Local Planning Agency and the
City Commission. An amendment to the City's Comprehensive Plan document or the
Future Land Use Map requires the adoption of an ordinance by the City Commission
after receiving a reco., .. uendatinn from the city's Local Planning Agency (Planning
Board). Following auOnt:C: ,: rir= n lien; 0 5 the City Commission, the application
package is then submitted to the Florida Department of Community Affairs (DCA) for
review and approval. For additional information on the process, please refer to line item
#5 of the attached Comprehensive Plan 2010 Cycle 2 Chart.
ANALYSIS
NATURE OF THE PROPOSED USE
Currently there is no definition for education listed in the Land Development Code.
However, as per the Definitions, Section 20 -2.3 of the Land Development Code, a school
is defined as follows:
School. Shall mean institutions of general education offering kindergarten through 12th
grade education or some substantial portion thereof.
Also, both the Webster's Seventh New Collegiate Dictionary as well as the website for
Merriam- Webster Dictionary defines education as follows:
Education. the action or process of educating or of being educated,' also : a
stage ofsuch aprocess.
CURRENT LAND USE CATEGORY
The land use category that is currently in the Comprehensive Plan reads as follows:
Public mW- Semi- Rublie Institutional Use (Four - Story)
The public and semi-puMie institutional land use category is intended to provide for
uo blic schools, municipal facilities, utilities, and churches, temples synagogues and
similar uses. Areas designated public and &emi -pub institutional should not be used for
other purposes without an amendment to this plan. Zoning regulations could permit
public and institutional semi- publie uses on sites not so designated by this plan. Seheols
ie s��, ial -��- a•r r • a ,.�,., a,,.
.1 H d'nx°ivinia'iravZ'�,Y 1'vas�n+
,R�, �,'',�da e; a s (97 -IER)
b
Education Uses (as a sub - category of the public institutional arses laud use designation)
The "educational uses" land use sub - category is intended to provide for public schools
uses Areas designated as educational should not be used for other purposes without an
surrounding zoning districts: and in no case shall a building exceed four stories in height.
(97 -lER)
LCrvmavL
YAPRTB Agendas Staff Reports\201 I Agendas Staff ReportsW -26.1 I\Pn -11 -016 - FLU - EducationalTB -1 6016
FLU Educational Report.doc
Education Uses (Two - Stoles) `sWW"t`r"-
dffigtattliewj
The "educational uses" land use sub- category is intended to provide for public schools
uses. Areas designated as educational should not be used for other purposes without an
amendment to this plan. Zoning regulations could permit public educational uses on sites
not so designated by this plan. Public schools are hereby defined as public institutions of
general education offering kindergarten through 12d' grade education or some substantial
portion thereof, and are owned and operated by the Dade County Public Schools system.
Building heights shall not exceed the average of the maximum permitted heights in the
surrounding zoning districts; and, in no case shall a building exceed €ear two stories in
height. (W E'R) ...
NEW FUTURE LAND USE CATEGORY
In order to create an appropriate land use category and zoning district that would assist in
implementing the strategy, the Planning and Zoning Department, working with the City
Commission have prepared a new future land use element which could be applied to
areas that specifically require medical services. The following parameters were used to
develop the category:
1. The new land use category cannot exceed the maximum of two (2) stories.
2. The maximum building height for the new land use category shall be as per the
following sub - parameters:
a. Compatible with the surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(0) of the Land Development Code;
3. The maximum density for the new land use category shall be as per the following
sub - parameters:
a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
a Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
LCH/MNL
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PLU Educational Beport.doc
4
The attached "Educational (Two - Story)" (Exhibit A) category is the proposed future land
use map amendment. If the attached land use category is approved and adopted by the
City Commission, the City can then proceed to change the Future Land Use Map by
applying this category over designated properties.
EXCERPT FROM LAND DEVELOPNIENT CODE SECTION 20- 3.5(G)
Section 20.3.50
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIREMENT
RO
LO
MO
NR
SR
GR
I
Min. Lot Size
Net Area (sq. ft.)
7,500
7,500
10,000
7,500
5,000
10,000
5,000
Frontage (ft)
75
75
100
75
500
100
50
Min. Setbacks (ft.)
Front
25
20
15b
25
10°
20
20
Rear
20
15
10
15
10
15
"
Side (Interior)
10
10
0
—
—
—
Side (Street)
20
15
10
15
job
15
15
Adj. Res. Dist.
25
25
25
25
25
25
25
Side (8v/driveway)
20
20
20
20
20
20
20
Between Buildings
20
20
20
—
—
Max. Building Height
Stories
2
2
4
2
4
2
2
Feet
25
30
50
25
50
30
30
Max. Building
Coverage (%)
30
—
—
--
—
—
—
Max. Impervious
Coverage (^!)
75
80
85
75
90
85
85
Max. Floor Area
Ratio (FAR)
0.30
.70
1.60
.25
1.60
.80
.80
" 5' setback with wall opening adjacent to rear property line; no setback if no openings in
wall.
Applies to ground floor only; columns are permitted within the setback. Columns shall not
be greater than 24 inches in diameter; columns on the property line shall not be closer
to each other than 10 feet.
The frontage requirement does not apply to uses in the SR District,
RECOVINIENDATION
It is recommended that the text of the Comprehensive Plan Future Land Use Element be
amended by approving the new Future Land Use Map Category entitled "Educational
(Two - Story)."
Attachments;_ethibli "d " C'omprehVeive Plan 2010 Cycle 2 Chart, and Public Notices
LC61141wt. ,
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FLU Educational Report.doc .
EXHIBIT "A"
Proposed Amendment
South Miami Comprehensive Plan
Chapter 1 Future Land Use Element
FUTURE LAND USE MAP CATEGORY
Educational (Two Stow)
Education Uses jTyvo- Storv)
TThhe�` edn uc tional uses" land use stab- category is intended to provide for public schools
uses. Areas designated as educational should not be used for other purposes without an
amendment to this plan. Zoning regulations could permit public educational uses on sites
not so designated by this plan. Public schools are hereby defined as public institutions of
general education offering kindergarten through 12d' grade education or some substantial
portion thereof, and are owned and operated by the Dade County Public Schools system.
Building heights shall not exceed the average of the maximum permitted heights in the
surrounding zoning districts; and, in no case shall a building exceed feuP two stories in
height. (97-4Ra
Permitted heights, densities, and intensities shall be set forth as part of a corresponding
zoning use district in the Land Development Code subject to the following maximum
levels of development: maximum building height of two stories.
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NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
yavr„
,p 1921 f
PLANNING AND ZONING DEPARTMENT
6130 SUNSET DRIVE;
SOUTH MIAMI, FLORIDA 33143
PHONE: (305) 663.6326;
FAX #: (305) 668 -7356
On Yuesday, April 26, 2011 at 7:30 P.M., the City of South Miami's Local
Planning Agency (Planning Board) will conduct public hearings in the Cfly
Commission Chambers at the above address on the following items:
Fe -11 -013
Applicant; City 01 South Miami
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the text of the South Miami
Comprehensive Plan, by amending the Comprehensive Plan Future
Land Use Element In order to adopt a now future land use map
category entitled *Low Density Multiple-Famlly Reeldential (Two -
Story)," which In the future could be applied to development
projects and properties providing multiple- family unite or town-
house unite in transitional residential areas; providing for
sevembiilty, providing far ordinances In conflict; and providing an
effectivadate.
PS -11,014
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the text of the South Miami
Comprehensive Plan, by amending the Comprehensive Plan Future
Land Use Element in order to amend the future land use map
category entitled - PUblIcAnstitutlonai (Two - Story)," removing
schools (educatlonai) and churches from the category; which could
be applied to development projects and properties providing
governmental facilities, utilities and could also permit other ancil-
lary uses Implemented by the category, with building heights and in•
tenallles compatible with surrounding districts; providing for
severabillty, providing for ordinances In conflict; and providing an
effectivedste.
pOn"_0
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the text of the South Miami
Comprehensive Plan, by amending the Comprehensive Plan Future
Land Use Element in order to adopt a new future land use map
category endgad'Rellgious (Two - Story)," which could bo applied to
development projects and properties providing religious facilities
and could also permit other ancillary uses Implemented by the
category, with building heights and Intensities compatible with
surrounding districts; providing for severabiiity, providing for
ordinances in comlim; and providing an effective date.
PS-11-016
Applicant; City of South Miami
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the taut of the South Miami
Comprehensive Plan, by amending the Comprehensive Plan Future
Land Lee Element In order to adopt a new future land use map
category emided "Eduoaffonai (Two•Story)," which could be applied
to development projects and properties providing educational
facilities and could also permit other ancillary uses Implemented by
the category, with building heights and intensities compatible with
surrounding districts; providing for severability, providing for
ordinances in conflict; and providing an effective date.
P &itfi17
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the Clty of South
Miami, Florida, amending the text of the South Miami
Comprehensive Plan, by amending the Comprehensive Plan Future
Land Use Element In Order to adopt a new future land use map
category entitled "Hospilal/Clinle (Two- Story)," which could be
applied to development projects and properties providing hospital/
ctinfc facilities and could also permit other ancillary Uses
Implemented by the category, with building heights and Intensities
compatible with surrounding districts; providing for saverabllity,
provIcIng for ordinances in conflict; and providing an effective date.
Ali Interested parties are urged to attend. Objections or expressions of
approval maybe made in person at the hearing or filed in writing pdorto or
at the hearing. The Planning Board reserves the right to recommend to
the City Commission whatever the board considers In the best interest for
the area involved. Interested parties requestIng informatlon are asked to
contact the Planning and Zoning Department bycaifing 305 -663-
6326 or writing to the address indicated above.
You are hereby advised that if any person desires to appeal any decision
made with respect to any matter considered at this meeting or hearing,
such person will need a record of the proceedings, and lot such purprse
may need to ensure that a verbatim record of the proceedings Is made,
which record Includes the testimony and evidence upon which the appeal
is to be based (P.S. 286.6105). Refer to hearing number when making
any inqulry.
4/15 11.3- 15911684129M
PROOF
Customer: CITY OF SOUTH MIAMI Contact: MARCUS W. I IGHTFOOT Phone: 30566136327
Ad Number: 1684129
Insert Dates: 04/15/2011
Price: 202.10
Section: PUH Class: 701: HEARINGS Size: 2 x 12.35
Printed By: DB}2MML Date: 04121/2011
Signature of Approval: Date:
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