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9To: 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 -013 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 "Low Density Multiple - Family Residential (Two - Story)," which in the future could be applied to development projects and properties providing multiple- family units or townhouse units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. BACKGROUND The Department of Community Affairs (DCA) received an adopted small scale development amendment along with Planning and Zoning's Department letter dated, October 29, 2010. The amendment package was received on November 1, 2010 and was adopted by Ordinance No. 42 -10 -2067 on October 19, 2010, copy attached. DCA stated that the amendment failed to qualify as a small scale amendment and the City should rescind its site specific (affordable housing) amendment, and resubmit the amendment with its next proposed large scale amendment cycle. 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. It was recognized that the existing future land use map category of Single- Family Residential zoning district would not permit any form of housing except single - family. The objective of, maximizing housing requires the creation of a new category to the Comprehensive Plan Future Land Use Element. NEW FUTURE LAND USE CATEGORY The Planning and Zoning Department working with Commissioner Beasley has prepared a new Future Land Use Category. The following parameters were used to develop the new future land use category. (1) The new land use category must mandate that development be either town homes units or multi - family units. (2) The maximum height permitted by the new land use category should be two stories which would be compatible with all transitional residential areas. (3) The maximum residential density should be set at 20 units per acre. This number would allow development at a level proposed to the CRA Board by Habitat for Humanity. (4) The 20 units per acre number is between the City's current highest residential densities in the LDC of 18 units per acre in the RM -18 District, and 24 units per acre in RM -24 District. It is below the current maximum units per acre of 24 which is allowed in the Multi - Family Residential (Four - Story) which is the maximum permitted by any current land use category. (see attached Exhibit "B ") It is important to note that prior to 1997 the City did have a Low Density Multi- Family Residential (Two Story) future land use map category which had a maximum height limit of two stories and a maximum of 18 units per acre. The 1997 EAR amendments removed that category and changed the land use category on the map for all properties within that category to a new Multi - Family Residential (Four Story) category. The expressed purpose was to simplify the number of land use categories; however, little consideration was given to the fact that these properties abutted single family homes. If the "Low Density - Multiple Family Residential (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 to appropriate properties. The Local Planning Agency at its meeting on April 26, 2011 after public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending approval of the proposed amendment with the condition that the density be reduced from 20 units per acre to 18 units per acre. 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 LCH YAComm Items \2011 \5- 3- 11 \PB- 11- 013\PB -11 -013 FLUM-Textlow Den MF CC.doc Pa I ORDINANCE NO. 2 3 An Ordinance of the Mayor and City Commission of the City of South Miami, 4 Florida, amending the text of the South Miami Comprehensive Plan, by amending 5 the Comprehensive Plan Future Land Use Element in order to adopt a new future 6 land use map category entitled "Low Density Multiple - Family Residential (Two - 7 Story)," which in the future could be applied to development projects and 8 properties providing multiple- family units or townhouse units in transitional 9 residential areas; providing for severability, providing for ordinances in conflict; 10 and providing an effective date. 11 12 WHEREAS, the Florida Legislature intends that local planning be a continuous 13 and ongoing process; and 14 15 WHEREAS, Section 163.3191, Florida Statues, directs local governments to 16 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate 17 policy guidance for growth and development; and 18 19 WHEREAS, On April 12, 2011, the City Commission held an advertised 20 workshop that initiated various text amendments to the South Miami Comprehensive 21 Plan; and 22 23- WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after 24 public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending approval of the 25 proposed amendment with the condition that the density be reduced from 20 units per 26 acre to 18 units per acre; and 27 28 WHEREAS, the City Commission desires to accept the recommendation of the 29 Local Planning Agency and enact the aforesaid amendment. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 33 34 Section 1. The City Commission hereby approves amending the Comprehensive 35 Plan Future Land Use Element by adopting a new future land use map category entitled 36 "Low Density Multiple- Family Residential (Two - Story)," which shall be included in 37 Chapter 1 Future Land Use Element and shall read as follows: 38 39 Low Density- Multiple Family Residential (Two Story) 40 41 The Low Density-Multiple.. Family Residential (Two Story) future land use map 42 category is intended to be applied to development projects and properties providin g 43 multiple - family units or townhouse units in transitional residential neighborhoods. 44 45 Permitted heights densities and intensities shall be set forth as part of a 46 corresponding zoning use district in the Land Development Code subject to the 47 following maximum levels of development: maximum building height of two stories, 48 and maximum residential density of 18 units per acre. 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 48 2 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 of ten days after adoption. PASSED AND ADOPTED this ATTEST: CITY CLERK day of 2011 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY APPROVED: 13TOWcon Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: LCH \Y: \Comm Items \2011 \5 -3 -1.1 \Ordinance - WORKHOP 3 -12 -11 - PB- 11- 013.doc CITY OF SOUTH MIAMI To: honorable Chair & Date: April 26, 2010 Local Planning Agency Members From: Lourdes Cabrera, Acting Director Re: New Future Land Use 'Planning and .Zoning Department Category Low Density Multiple Family Residential (Two Story) PB -11 -013 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 Nliami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adapt a new future land use map category entitled "Low Density Multiple- Family Residential (Two - Story)," which in the future could be applied to development projects and properties providing multiple- family units or townhouse units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. BACKGROUND The Department of Community Affairs (DCA) received an adopted small scale development amendment along with Planning and Zoning's Department letter dated, October 29, 2010. The amendment package was received on November 1, 2010 and was adopted by Ordinance No. 42 -10 -2067 on October 19, 2010, copy attached. DCA stated that the amendment failed to qualify as a small scale amendment and the City should rescind, and resubmit the amendment with its nest proposed large scale amendment cycle. SUMMARY OF REQUEST The South Miami Community Redevelopment Board at its August 9, 2010 received a report from the Agency Director proposing that 0.92 acres of property acquired by the CRA in 2009 -2010 be used as a site for multi - family housing. The site consists of four lots on the south side of SW 64 Terrace surrounding the historic Williamson House located at 6500 SW 60th Avenue. COMPxEMINaAYL rx riir r�i.i�+,. •• •, _ 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 recommendation from the City's Local Planning Agency (Planning Board). Following adoption of the application by 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 #1 of the attached Comprehensive Plan 2010 Cycle 2 Chart. The purpose of the agenda item was to begin consideration of what type of housing (town homes, or multi - family) should be located in that area and at what density. It was recognized that the existing future land use map category of Single- Family Residential and the RS -4 zoning district would not permit any form of housing except single - family. The objective of maximizing housing in the CRA and on this site requires the creation of a new category to the Comprehensive Plan Future Land Use Element. It was agreed that the necessary amendment to the. Comprehensive Plan, should be pursued and .. member (Commissioner) Beasley offered to meet with the Planning and oning Department in order to create an appropriate land use category and zoning district which would assist in implementing the strategy. NEW FUTURE LAND USE CATEGORI The Planning and Zoning Department working with Commissioner Beasley has prepared a new Future Land Use Category which would be needed to implement the housing strategy for the "Williamson" site and possibly other sites within the City. The following parameters were used to develop the new future land use category. (1) The new land use category must mandate that development be either town homes units or multi- family units. (2) The maximum height permitted by the new land use category should be two stories which would be compatible with all transitional residential areas. (3) The maximum residential density should be set at 20 units per acre. This number would allow development at a level proposed to the CRA Board by Habitat for Humanity. (4) The 20 units per acre number is between the City's current highest residential densities in the LDC of 18 units per acre in the RIM -18 District, and 24 units per acre in RIVI -24 District. It is below the current maxiluum units per acre of 24 which is allowed in the Multi - Family Residential (Four - Story) which is the maximum permitted by any current land use category. (see attached Exhibit "B ") It is important to note that prior to 1997 the City did have a Low Density Multi - Family Residential (Two Story) future land use map category which had a maximum height limit of two stories and a maximum of 18 units per acre. The 1997 EAR amendments removed that category and changed the land use category on the map for all properties within that category to a new Multi - Family Residential ( Four Story) category. The expressed purpose was to simplify the number of land use categories; however, little consideration was given to the fact that these properties abutted single family homes. The attached "Low Density - Multiple Family Residential (Two Story)" (Exhibit A) category is the proposed future land use element 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 the proposed properly. RECONEMiENDATION It is recommended that the Local Planning Agency amend the Comprehensive Plan by approving the attached proposed "Low Density - Multiple Family Residential (T.wo Story)" as a future land use map category. Attachments: Exhibit "A ", Exhibit "81, Cattprehensive Plat 2010 Cycle 2 Chart, UCA Letter, dated 1118110 — Ordinance No. 42 -10 -2067, Commissiat Report, dated October 5, 2010, LPA Afhades, dated 919110 C24 Staff report 819110 nto. 2Q, and Public Notices. LCH Z .,\PB\PB Agendas Staff Repons\2011 Agendas Staff ReportN- 26.11 \PBd1 -013 FLU -Low Density Multiple Finally Residential (two- story)\PB -t 1 -013 FLUht Text Low Den MF.doc EXHIBIT "A" Proposed Amendment South Miami Comprehensive Plan Chapter 1 Future Land Use Element FUTURE LAND USE MAP CATEGORY Low Density Multiple Famlly Residential lTwo Storvl The Low Density- Multiple Family Residential (Two Story) future .land use map category is intended to be applied to development projects and properties providing multiple - family units or townhouse units in transitional residential neighborhoods. 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, and maximum residential density of 20 units per acre. Y: \PBTB Agendas Staff Reports \201 i Agendas Staff Reports \4 -264 t \PB -11 -013 FLU -Low Density 4[ultiptc Family Residential (1%ro. story) \PB -11 -013 Exhibit A FLU Low Den Nir (2010) (Joe P� r� YI Iyy F-� ISM z H A V �z rH N V1 H 0 z c� A H `1J z E"q V d 0. �Nd'hh �O ►a i U d en N �3 U � w c m 0 �i VI H h 00 G� h CA N O v R b f_1 CIO N N N IN O w° C 'a w .r, I Q 7 N w 0 4 .N rO} V N x it U O C O n q C •� V d � d � A T� 0 U W P W b o. C � a O � u a a a 3 A o 6 ° J � a M_ Ch 8 0 v w R a Iti � 0 � n y N G .r' Q d A � > m H A 0 U A a i U d en N �3 U � w c m 0 �i VI H h 00 G� h CA N O v R b f_1 CIO N N N IN O w° C 'a w .r, I Q 7 N w 0 4 .N rO} V N x it U O C O n q C •� V d � d � A T� 0 U W P W b o. C � a O � u a a a 3 A o 6 ° J � a M_ Ch 8 0 v w R a Iti � 0 � n y N G .r' Q d A � > m t U N N C3 v 0 0 N c CL L Q E a U . rt r� •� � ;> m r� cp m N C N E r- 0 U a N N a0 IEEE EE � <0 E T E 01 O O N S w C3 9 m U Q a U' JUa00Z e� g ,ham 6. STATE OF FLORIDA DEPARTMENT Off° COM MUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor November 8, 2010 Mr. Thomas J. Vageline, Director Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 THOMAS G. PELHAM Secretary RE: City of South Miami Adopted Small Scale Amendment; DCA No. l OSO4 Dear Mr. Vageline: We have received an adopted small scale development amendment as submitted with your letter dated October 29, 2010. The amendment package was received on November 1, 2010 and adopted by Ordinance No. 42 -10 -2067 on October 19, 2010. The amendment fails to qualify as a small scale development amendment pursuant to Section 163.3187(1)(0), Florida Statutes, for the reason indicated below. The City attempted to amend 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 Low Density Affordable Multiple- Family Residential (Two Story) which would be considered a text amendment. Section 163.3187(1)(c)l.d, F.S states: The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site - specific small scale development activity. The Department is returning the adopted amendment package because the amendment does not qualify as a small scale development amendment. The City should rescind, and resubmit the amendment with its next proposed large scale amendment cycle pursuant to Section 163.3184, Florida Statutes and Rule 9J- 11.006, Florida Administrative Code. If you believe that the amendment does meet the requirements of Section 163.3187(1)(0), P.S., please send a letter to the Department identifying this information. 2855 SHUMARO OAK BOULEVARD :o TALLAHASSEE, FL 32399 -2100 850.488 -8466 (p) ♦ 850 - 921 -0781 (f) e Website: wvrw.6 ca_state.iLue_ ., COMMUNITY PLANNING 650 -088.235S(P) MAW3309(0 ♦ FLORIDA COMMUNITIES TRUST M- 922-2207(p) &50921- 1747(0 o HOUSING AND COMMUNITY DEVELOPMENT 850ASS4e55(9) 850.92&5623(o e Mr. Thomas Vageline November S, 2010 Page 2 If you have any questions, please feel fi•ee to contact Ray Eubanks of my staff at (850) 922 -1767. Thaik you for your assistance in this matter. Sincerely, i Mike McDaniel, Chief Office of Comprehensive Planning DRE /ts Enclosure cc: Carolvn A. Dekle, Executive Director South Florida RPC ORDINANCE NO. 42 -10 -2067 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 "Low Density Affordable Multiple - Family Residential (Two Storyp' which in the future could be applied to development projects and properties providing multiple- family housing units or town home units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. `i HERE,AS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and development; and WB EREAS, die South Miami Community Redevelopment Board as part of its on -going redevelopment program has acquired several properties that can be used as a site for low density multi - family affordable housing; and WHEREAS, currently the only Future Land Use Map category allowing multi- family dwellings is the Multi - Fancily Residential (Four Story) category which allows for a building height maximum and a residential density that are not appropriate for use in low density areas of the Community Redevelopment Area; and WHEREAS, the objective of maximizing affordable housing opportunities in the CRA will require the creation of a new Future Land Use category as part of the Comprehensive Plan Future Land Use Element; and WHEREAS, the Planning and Zoning Department has prepared a "Low Density- Affordable Multiple Family Residential (Two Story)" category which could be added to the list of future land use map categories and could be appropriately applied to areas within the Community Redevelopment Area in order to encourage and permit affordable housing development; and WHEREAS, the Local Planning Agency (Planning Board) at its meeting on September 9, 2010 after public hearing, adopted a motion by a vote of 3 ayes and 2 nays recommending that the Future Land Use Map category entitled "Low Density Affordable Multiple Family Residential (Two Story)" should be approved; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency (Planning Board) and enact the aforesaid amendment. Ord. No. 42 -10 -2067 NOW THEREFORE, BE IT ORDAINED BY 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 "Low Density Affordable Multiple- Family Residential (Two Story)" which shall be included in Chapter I Future Land Use Element and shall read as follows: Low Density Affordable Multiple Family Residential (Two .Story) Section 2. The proposed Future Land Use Map Amendment Low Density Affordable Multiple Family Residential (Two Story) allows for the development of affordable housing and thereby qualifies as a Small Scale Amendment pursuant to FL. Stat. 163.3187(1) (c). ection 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 19 day of _QDto� r > 2010 ATTEST: APPROVED: ag� f - 4L— Ord. No. 42 -10 -2067 CITY CLERK MAYOR I" Reading: 10 / 5 /1 o 2nd Reading 10/19/10 READ : Commissioner OVED AS TO FORM COA 1ISSION VOTE: AND S 1CY:. Mayor Stoddard: Vice Mayor Newman Palmer: CITY ATTORNEY Commissioner Beasley: Commissioner Harris: XAComm ltemst2010 \10- 5- 10lComp Plan PLUM Text Low Den MF Ord &c 4 -1 Yea Yea Nay Yea Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South Miami Alifte#038lpY 2001 T0; The Honorable Mayor Stoddard and Memllers of the City Commission Via: Hector Mirabile, Pb.D., City Manager From; Thomas J. Vageline, Director Planning and Zoning Departmen v Date; October S, 2010 ITEM 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 flan Future band Use Element in order to adopt a new future land use map category entitled "Low Density Affordable Multiple- Family Residential (Two Story)" which in the future could be applied to development projects and properties providing multiple- family housing units or town home units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The South, Miami Community Redevelopment Agency Board at its August 9, 2010 meeting received a report from the Agency Director proposing that 0.92 acres of property acquired by the Community Redevelopment Agency (CRA) in 2009 -2010 be used as a site fox multi -family affordable housing. The site consists of three lots on the south side of SW 64 Terrace surrounding the historic Williamson House located at 6500 SW 60th Avenue. The purpose of the agenda item was to begin consideration of what type of affordable housing (town homes, or multi- family) should be located there and at what density. It was recognized that the existing future land use map category of Single - Family Residential and the RS -4 zoning district would not permit any form of housing except single- family. The objective of maximizing affordable housing in the CRA and on this site requires the creation of a new category to the Comprehensive Plan Future Land Use Element. It was agreed that the necessary amendment to the Comprehensive Plan should be pursued and Board member (Commissioner) Beasley offered to meet with the Planning and Zoning Department in order to create an appropriate land use category and zoning district which would assist in implementing the strategy. NEW FUTURE LAND USE CATEGORY The Planning and Zoning Department working with Commissioner Beasley has prepared a new Future Land Use Map Category which would be needed to Implement the affordable housing strategy for the "Williamson" site and possibly other sites within the City. The following parameters were used to develop the category. (1) The new land use category must incorporate the basic objective of affordable . housing and must set a density which will attract development on the site. (2) The new land use category must mandate that development be either affordable town home units or affordable multi - family units. (3) The maximum height permitted by the new land use category sliould be two stories which would be compatible with all transitional residential areas. (4) The maximum residential density should be set at 20 units per acre. This number would allow development at a level proposed to the CRA Board by Habitat for Humanity. (S) The 20 units per acre number is between the City's current highest residential densities in the LDC of I8 units per acre in the RM -18 District, and 24 units per acre in RM -24. It is below the current maximum units per acre of 24 which is allowed in the Multi- Family Residential (Four -Story) which is the maximum permitted by any current land use category. (see attached Exhibit "B") It is important to note that prior to 1997 the City did have a Low Density Multi - Family Residential (Two story) future land use map category which had a maximum height limit of two stories and a maximum of 18 units per acre. The 1997 BAR amendments removed that category and changed the Iand use category on the map for all properties within that category to a new Multiple-Family Residential (Four Story ) category. The expressed purpose was to simplify the number of land use categoxies. However, little consideration was given to the fact that these properties abutted single family homes. The attached "Low Density Affordable Multiple Family Residential (Two Story)" (Exhibit A) category is the proposed futuue land use element amendment. if the attached proceed to category hange the approved uture Land adopted by the City p by applying thiCommission, gory over the proposed property. LdC� AL�„ PLANNING AGENCY ACTION The Local Planning Agency (planning Board) at a special meeting on September 9, 2010, after a public hearing, adopted a motion by the vote of 3 ayes 2 nays (Ms. Beckman, 3 Mr. Cruz) recommending approval the proposed Future Land Use Map category amendment. RECOiVIIVMNDATIOIV It is recommended that the text of the Comprehensive Flan Future Land Use EIement be amended by approving the a attached land use mapo afe)goryty. Affordable Multiple Family Residential (Two Story) Attachments: DrQ? ordinance Pahtbit "A ".. gahtbir 'Bt GpA/pianntngBoard Minutes 9.940 CIA Staff report 819110 (No. 2C) TJV /SAY X"Comm ltems52010110A5- 10canp plan PLUM Toxt Law DM W CM Repott.doa E) MSIT "A" Proposed Amendment South Miami Comprehensive Plan Chapter 1 Future Land Use Element FUTURE LAND USE MAP CATEGORY Low Density Affordable Multiple Family Residential (Two Sta The Low Density Affordable Multiple Family Residential (Two Story) future land use map category is intended to be applied to development projects and properties providing affordable multiple- family, housing units or affordable town home units In transitional residential neighborhoods. 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, and maximum residential density of 24 units per acre. For the purpose of this Future Land Use Map category all residential units shall be limited ordable housing group as deiia dTbytthelU.S to D Department of Housing Segment nd Urban Development. x;1PS\PB Agendas StafReporist2070 Agendas Bxhlb t A FLUM Low Den W (2070).daa W Q�y W }Y{ W�� A H C�J U 78 �r N O t N 6 N O W d V is � P+1 lLep^.i o n �4 $ 0 w a a CITY OF SOUTH MIAMI LOCAL PLANNING AGENCY Regular Meeting Meeting Minutes Thursday, September 9, 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 7:51 P.M. The Pledge of Allegiance was recited in unison. U. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Beckman, Mr. Cruz, Mr. Morton, Mrs. Yates, and Mr. Whitman. Board members absent: Mr. Farfan and Mrs. Young. City staff present: Thomas I Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Lourdes Cabrera - Hernandez (principal Planner) and Alerik Barrios (Secretary). City Attorney: Mr. Goldstein III. Administrative Matters: Mr. Youkilis informed the Board that there will be a special meeting of the Board on Thursday, September 23, 2010. IV. Planning Board Applications/Public Hearings Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miaamii, for �daae amending the text of the South Miami Comprehensive PIan, by g Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "Low Density Multiple - Family Residential (Two story)" which in Local Planning Agency September 9, 2010 Page 2 of S the future could be applied to development projects and properties providing multipie- family housing units or town home units in transitional residential areas; providing for severability, providing for ordinances W conflict; and providing an effective date. Action: Mrs. Yates read the item into the record. Mr. Youkilis informed the Board that this is a request that essentially originates with the South Miami Community Redevelopment Agency (CRA)- In the meeting of August 9, 2010, it was stated that the CRA owns 092 acres that surround the Williamson home at 6500 SW 60 Avenue. The property's main objective in 2009 -2010. was for. Multi- family. Affordable housing. The report provided to the Board by the CRA Director projected three properties that surround the Williamson house. The current land use category would need to be approved in order to expand the affordable housing opportunity in the City as a whole. The site as well as Madison Square will add a number of affordable housing units. Commissioner Beasley was requested by the City Commission to work with the Planning and Zoning staff to come up with an appropriate land use category for the property. It was found that in 1997, there was a land use category that was called Low- Density Multi - Family Residential (Two Story). Staff could not find any records, but apparently at the time there was a feeling that the category needed to be removed. Instead, any multi- family property should be listed as multi - family four stories and at the time there was no consideration given to the single family residences adjacent to the multi - family property. The item is requesting the creation of a land use category in which the laud use map is not being changed. In Exhibit A, a land use category in introduced which is called Low Density Multiple Family Affordable Residential (Two Story). The category will be applied to development projects and properties providing affordable multi family housing units or affordable townhome units in transitional residential neighborhoods. The permitted heights, densities and intensities Will be set forth in the zoning code, which has not been developed yet. The maximum characteristics of the land use category will be two stories in height and maxim aim. residential density of 20 units per acre. All residential units shall be limited to housing units which service the low and moderate income segment of the affordable housing ussing group category defined shown U.S. a Department of Housing and Urban Development (HUD). proposed Table demonstrating that it falls within the range of residential densities already in the LDC. Staff is suggesting twenty units per acre as the maximum density for this category. The CRA and Commissioner Beasley are suggesting that a cap of higher density should be used. Habitat for Humanity has provided some graphics on what the town homes could look like. It is suggested that the category name should include the wording "Affordable" if the housing units built in this land use area must be affordable units. It is recommended that the Local Planning Agency amend the Comprehensive Plan by approving the attached proposed "Low Density - Affordable Multiple Family Residential (Two Story)" as a future land use .map category. Mr. Whitman informed the Board that in 1997 the former Low - Density Multi - Family Residential was not removed, it was changed to cross several lines and all of a sudden what was two story was now four stories. He commented if the category should be able to be applied to several properties and have the residents been informed. Mr. Youkilis responded that it is a historic site and there is no one living on the property. Ylr. Whitman commented that when making a change Local Planning Agency September 9, 2010 Page 3 of 8 to higher density it is a sensitive issue and citizens need to be informed. Mr. Youkilis replied that when the map is changed the local residents affected by the proposed change to the future land use of the property will be informed. Ivlr, Whitman questioned how the housing units are enforced. Mr, Youkilis responded that the U.S. Department of Housiug and Urban Development (HUD) issues by State, what the median income is for low and moderate ranges. The contract will include the requirement for low and moderate income. Mrs. Yates commented that if the property is re -sold it must stay within that certain range of income, this could be managed and Habitat for Humanity is a perfect example. Habitat for Humanity goes through training, mortgage assistance and managing of the building, which is a requirement to buy any of the units. Mr. Cruz questioned why it was removed in 1997. Mr. Youkilis responded that he could only speculate that the Land Development Code categories were more simplified and condensed. In 1997, a couple of the categories were removed. Mr. Cruz questioned that this area has a lot of vacant land. Why is it that the CRA is building up when. there are vacant lots? Mr. Youkills responded that the CRA must have run into a situation in which they bought the properties to assemble them for redevelopment. The CRA has two programs: Affordable housing and scattered housing. There priority was to create a site like this. Mr. Cruz commented that there are tons of vacant land and he recommends filling the vacant land instead of building up. Mr. Cruz questioned how a two -story home could be prevented from being built in the same area. Mr. Youkilis responded that there would be buffering and landscaping on the property required. Mr. Morton questioned if this is for rental or ownership. Mrs. Yates responded ownership. However, it is not specified in the Land Use category. He questioned what other areas could this pertain to and how is transitional residential-defined. Mr. Youkitis responded that the category could be used in some of the areas that have Four Story Multi - Family and there are some lower density abutting to higher density. Mr. Youkilis commented that when placing the maximum of twenty units per acre no one is going to abuse the issue. Mr. Morton questioned about more density on the property, but how could that relate to the Land Use category. Mr. Youkilis commented that the land use category has some basic maximums such as affordable housing; there cannot be more than twenty units and no more than two stories. The next step would get into more details that would regulate, but what it is determined to be cannot be exceeded. Mr. Morton expressed his concern that the density should be more than two stories. Local-planning Agency September 9, 2010 Page 4 of 8 Mr. XoukiIis commented that Staff last recommendation included adding the word Affordable. He further commented that the city will be the owner of the land but this could be used in other locations so therefore the term affordable would need to be added. Mrs. 'Yates commented that this is a specific land use for the city to use f or affordable housing. She commented that it is a useful category for others, but does not think there needs to be a category that would designate two stories or three stories for other areas. Unfortunately, this is site specific. She questioned if the property gets sold does the developer get to use the same land use category. 1. Mr. 'Youkilis commented that if this is adopted tine Williamson residence will not 6e added. Mr. Cruz.,questioned if the affordable, is defined. Mr. Youkilis responded yes, it was by the US DepartmeAt of Housing and Urban Development. He commented that if it becomes a category, there is alimit, but the ultimate approval is the City Commission. Mr. Cruz questioned if this applies to any other property. Mr. 'Youkilis responded South Miami Gardens.and Lee Park. Mrs. Beckman questioned what Lee Park zoning is and how many units are being place on this lot. Mr. Whitman responded Riv124 and about eighteen units. Mrs. Beckman commented that the affordable housing does not only apply to the CRA. The CRA, program and it is clearly stated in the inter -local agreement with Metro-Dade county is not a body that could engage in zoning changes. Zoning belongs to a whole city not just one program. She commented that there are so many vacancies in the area and there should not be building up but instead fill the vacancies. She requested that the back by documentation of 1997 needs to be provided to the Board. Mrs. Beckman questioned why Red Road Commons is allowed to not use those standards. Mr. Youkilis responded that in the Development Agreement included the, upper moderate Tango. He commented that he cannot go into further detail since there is a current law suit. Mrs. Yates recommended that staff provide the Board for the next meeting with the current county standards from low to medium and moderate to high. She commented that there is also a criteria sheet which includes the standards to build and sell. Mrs. Beckman commented that there are a lot of poor people who work hard and then there are many who do not work. She further commented that the unemployment should not be so high and we have many opportunities in this country. Mrs. Beckman further stated that she would not like to give all the land to the affordable housing since some of it could be used for the middle class. Mr. Youkilis commented that the owners of the building pay property tax. Local Planning Agency September 9, 2010 Page 5 of 8 Mr. Morton commented that in the summary of request, it is shown as being site specific. lie believes that there needs to be a realistic approach to land use and massing. Mr. Whitman commented that is something that would allow the flexibility to place something in between. Mr, Youl lis commented that it is said in the Comprehensive Plan, that an aspiration goal is that the City owned property develop sixty to eighty affordable housing units, but they cannot go any further unless the land use and zoning has been changed. Mr. Cruz questioned if the summary request is site specific and how come the person that lives on the property is not notified. Mr. Goldstein responded that Comprehensive Plans are not quasi judicial. He commented that there are two parts, establishing a land use category then applying It on a map to a specific property or area. The second step in the process is not considered a quasi- judicial unless it is site specific. Mr. Cruz commented that this should apply all over the city. Mrs. Yates commented that there are different types of housing for different types of people. It is much cheaper to build a multi - family unit and this location Is perfect for a higher density. She does not think that a four story category is appropriate but a two story needs to be applied in the city. She commented that there needs to be a two story in between a single - family home and a four story. Mrs. Beckman questioned the level of services. Mr. Youkilis commented that when the map is changed you will have to provide the data. The Chair opened the public hearing. NAME ADDRESS SUPPORT/OPPOSE PROJECT Sharon McCain 'Oppose Ms. McCain questioned if there was a three story residential or a mixed use on the bottom of the three stories. Mr. Morton responded it would be residential. Ms. McCain commented that she drove past this area and she did notice a lot of vacant lots. She recommended for this to be planned better. Ms. McCain questioned how long will it take for this to be added to the BAR. Mr. Yotddlis responded another sixty days. The Chair closed the public bearing. Mr, Whitman commented that it would be a mistake if the category was just applied to this one site. If the Board is serious about the wording, there are several other sites that will be affected by this. He commented that he is not against the specific area, but he will support it. Mrs. Beckman questioned if the HUD housing is two stories. Mr. Whitman responded it is zoned four stories. Local Planning Agency September 9, 2010 Page 6 of 8 Mxs. Yates commented that the maiaissue propes that the could apply and it is p to where the Board and stories are located. Tri any category, property rN! commission to approve the submission, Mr, Youldlis recozrimended getting rid of the word affordable and low density, He informed the Board that the only reason why they are using the word Affordable is to process this amendment density it will take about six months to process, He within a quicker time. If it is not low commented that if the application is treated as a large scale amendment ACA does take a longer time to approve this. .... .. _.. . Mrs. . . . _ Rates questioned if there is a time limit on ilris: Mr: Xoukilis responded that yes, November 2, 2010, there is an election and if the amendment were to be passed that will require certin text and land amendments to be passed by the people. i i Mrs, Beckman questioned if the inter-local agreement states that the CRA is not to function to be used for Zoning. Mr, Goldstein responded that the City has the right to make comprehensive plans. Mrs. Beckman recommended using the regular city and not as a function of the CRA. Mr. Youkilis commented that CRA board has no exercise of power and eouid only rely on the Planning Board decision. the Planning Board, Mrs. Yates-commented that any Board in the City has the right to come to but what is important is making sure the plan that is being changed should be applicable with the whole city not just that one specific site. Mr. Vageline commented that if the word Affordable is removed from the amendment it will become a large scale amendment, which occurs two times per year and the first time will be in November, Mr, Crux commented that he would like for everything to make sense in a general perspective and made affordable. Mr. Morton questioned the lot coverage of residential and if the reduction for the second floor for residential would apply. Mr. Youldlis responded that it would have to go by the building type and this has a different category. Mr. Cruz questioned when the election will be. Mr. Youkilis responded November 2, 2010. Mr, Youldlis commented that we would like to move along a lot of changes on comprehensive plan before November 2, 2010. Motion: W. Whitman moved to modify the description in the future land use category removing the term affordable throughout the category and the last paragraph. Mr. Morton seconded. Motion Railed* Mr. Cruz suggested removing the term transitional. Mr. Whitman commented that transitional is an important word because it supplies intent of why we want this. It is transitional, Local Planning Agency September 9, 2010 Page 7 of 8 Mr. Morton commented in order to have something transitional there needs to be a transitional area between two areas that exist and are abutting. Mr. Whitman commented that there could be different types of transitional within the city. Mr. Vagellne commented that this is going to replace some of those that are two or four stories by inserting a transition. ivlotion: Mr. Cruz moved to table the item so that the Board is provided with efficient documentation such as four story supplement information, Planning and Zoning staff to look at different areas that the land use would apply to and CRA director present. Mrs. Beckman seconded. 2 Ayes 3 Nays (Mrs. Yates, Mr. Morton and Mr. Whitman) Motion Failed* Motion: Mr. Morton moved to approve the application with the change of two stories to three stories, Motion Failed-, Mrs. Yates requested the CRA director to provide a brief description of the projects intent. CRA Director, Mr. Stephen David commented that the zoning and land use is loft to the Planning and Zoning department. The CRA just purchases property and the site has been sitting there for a year. 'There are several interested developers and the CRA would like to get this project moving. Mrs. Beckman questioned what developers were thinking. Ivlr. David responded that a developer .like Habitat for Humanity has provided a proposed site plan. Mr. Cruz questioned what is going on with the vacant lands in the CRA area and why aren't they being developed. Mr. David responded the CRA is fortunate to have bought two large land assemblages. One of the properties is a 40,000 square foot lot and another is 1.9 acres. After building on these lots were would look into the rest of the vacant Iots, but CRA does not want to be considered a land barren. lvir. Cruz questioned if the CRA owns the scagered single land. Mr. David replied the CRA has two undersized lots that are not buildable and one that is a buildable lot. Ms., David commented that he works on the discretion of the CRA Board they have indicated that they would like to focus on other things. Mr. Whitman questioned what would preclude subdividing buildable lots. Mr. David replied that it is about maximizing affordable housing. The CRA Board has looked at single - family homes, but it was found that with town homes you could do more. Mrs. Beckman questioned if the CRA Board is looking at more options. Mr, David commented that there are three developers and three different options. Mrs. Beckman questioned where could people sign, up for the affordable housing. Mr, David responded that there is an active list in the CRA Department and Habitat for Humanity has their Local Planning Agency September 9, 2010 Page 8 of 8 own list. Motion: Mr. Morton moved to approve the application as submitted. Mr. 'Whitman seconded. 3 Ayes 2 Nays (Mrs. Beckman and Mr. Cruz) V. Minutes A) Mr. Morton moved to approve the minutes of Tuesday, August 10, 2010 as presented. Mx. Whitman seconded. Vote-, 5 Ayes 0 Nays V[, Adjournment: Action: There being no further business before the Board, Mrs. 'Yates adjourned the Local Planning Agency meeting at 9: 25 p.m: TJV /SA`I yt\p -STD Minutes\2010 Minutes, 9- 9- 2010U.PA.Minutes9.92010.doa ga. 'a: ns f.1' �),ef :'nli�.ti:4Ui,:. ^.!: C'rrc:'(1G4:!+ 1/1 +-'• FUi/R.:f.+: i^'pv" To: Honorable Chair and Date: August 9, 2010 SMCRA Board Merriliers, From: Stephen David, ITEM No. REDBYELOPMENT PROPOSALS SiVICRA Director. FOR AGENCYOMWD PROPERTY ASSEMSLAGE(FORMER MARSHALL WILLMNSON P)ZOPERTIES) As indicated in the previous report, staff anticipates a final closing on a 3,499 square foot, vacant property also referred to as Folio No. 09. 4025. 000 -0852, Following purchase of this vacant parcel, the entire property will be available for redevelopment, A map of the entire site has been attached as Exhibit A, The intended site redevelopment process may involve subsequent land -use and zoning changes depending on whether single - family of multi- family development is desired. The site is currently zoned "RS -4" residential with a current land -use designation of "Single - Family Residential ". During the current fiscal year, the Board discussed the possibility of maximizing affordable housing development by encouraging multi - family housing development of the site. To facilitate multi - family development, the current site land -use and zoning designations will have to be changed. Following public discussions by the Board, various entities have approached staff with potential affordable housing development concepts, Attached as Exhibit B and C are examples of potential development concepts for the site. The first concept involves the development of up -to thirteen multi - family townhomes on the site by Habitat for Humanity. The second affordable housing proposal involves construction of "green" .certified affordable homes using a steel panel construction system. A third concept has also discussed and involves the historical neighborhood design elements. The following procedural options currently exist to the Board: • Change the existing site land -use and zoning as required to facilitate affordable, midti- family housing development; • Potentially convey the acquired land assemblage to Habitat for Humanity,for the construction of either single - family or multi- family housing development; 0 Advertise an independent request for proposal and qualifications to obtain creative development options for the site. It should be noted, the Agency has previously conveyed Agency owned properties directly to Habitat for Humanity as part of a long - standing affordable housing agreement, The Board also always has the option of advertising an independent request for proposal for development of the site with the intent of determining the "best and highest" use for the site, In an effort to avoid delays with development Of the site; it is important that a final determination be made by the Board concerning the type of desired site development. A final land development determination should include whether single - family or multi - family development is desired and whether the site will be directly conveyed to Habitat for Humanity or whether an UP process will be utilized. Aitaebmeje• Silo Map ofSMCRAOwned PtoperryAssemblage Example A6or4atlo HoustngSiteDevelopment Plans (Rebttet fornumaniry) Letter of Intent for AffordabteiiousingDevelopment SDJMCGRUPp1PLANNINMCWA9an0y Onned Property Assemblage Site Development Proposats.doe a , ! g § \ Q ® \ /§ \l.'s „ NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI r�l� V t/l "p 1021 �� V y {4 PLANNING AND ZONING DEPARTMENT 6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143 PHONE: (305) 663 "6326; FAX #- (305) 668 "7356 On Tuesday, April 26, 2014 at If= P,M., theCiity of South Miamis Local Planning Agency (Planning hoard) will conduct pudic hearings in the City Commission Chambers at the aboveaddress on the following items:" P &11 &n Applkwh Cityol South Miami An Ordinance of the Mayor and City Commisslon ottheCity of South Miaml, Florida, amending the text of the South Miami Comprehansive Plan, by amending the Comprehensive Plan Future Land Use Element In order to adopt a new future land use map category entitled 'Low Density Muitipiwfemlly Residential (Two - Story),- which In the future could be applied to developm nt projects and properties providing muhlpla- lamfly units or town- house unite In transitional residential areas; providing for savembility, providing for ordinances In conflict; and providing an effective dale. PP, —f14L4 Applicant: City of South Miami An Ordinance of the Mayorand 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 "PublicAnsdtullonal (Two - Story)," removing schools (educational) and churches from the category; which could be applied to development projocts and properties providing governmental facilities, utilities and could also permit other ancil- lary uses fmpienremed by the category, with building heights and in- tensitlas compatible with surrounding districts; providing . for severabllity, providing for ordinances In conflict; and providing an effective date. 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 tend use map category entitled *Religious (Two - Story);' which could be applied to development projects and properties providing religious taeilities and could also penult other ancillary uses Implemented by the category, with building heights and intensities compatible with surrounding districts: providing for soverablilly, providing for ordinances In confl Icl; and providing an effective date. P &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 amiged - Educational (Two- Story),' which could be appllad 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 severebhily, providing for ordinances in conflict; and providing an effective date. PR-I I &V Appll WU Cltycf South Miami An Ordinance of the Mayorand City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprshenslve plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a now future land use map category emitted "Hospital/Clinic (Two- Story)," which could be applied to development projects and properties providing hospitall clinic facilities and could also permit other ancillary uses implemented by the category, with building heights and Intensities compatible with surrounding districts; providing for severabtllty, providing for ordinances In conflict; and providing an effective Bete. All imetested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or6led to writing prfor toor 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 information are asked to contact the Planning and Zoning DePanment by ding 36.663- 6326 orwraing to the address indicated above. You are hereby advised that if any person desires to appeal any deGSion made with respect to any matter considered at this meeting or hearing, such person wig need a record of the proceedings, and for such purpose 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 (F.S. 266.0105). Refer to hearing number when making anylnquiry. 4/15 1 h3.15911684129M PROOF Customer: CITY OF SOUTH MIAMI Ad Number: 1684129 Insert Dates: 04/15/2011 Price: 20110 Section: PUH Class: 701; HEARINGS Printed By: DBRNfMt. Date: 04/21/2011 Signature of Approval: Contact: MARCUS W. 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