Loading...
14To: Via: From: Date: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami b.,e,,, ~rnp 2001 The Honorable Mayor Stoddard and Members of the City Commission Hector Mirabile, Ph.D., CitYrManager/:{ Christopher Brimo, AICP ~ . Planning Director J 11 November 1,2011 ITEM NO.~ 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 City Commission at its May 3, 20 II meeting passed on first reading, the new future land use map category of "Low Density Multiple-Family Residential (Two-Story) by a vote of 5-0. This proposed amendment was transmitted to the Florida Department of Commnnity Affairs (DCA) and respective agencies pursuant to Section 163.3184 (2) and (3), Florida Statutes, as part of an amendment package designated 11-1ESR. The DCA and respective agencies found that the proposed amendment has no adverse impact. The City may now adopt this proposed plan amendment;_upon final adoption, the item will be transmitted to the State pursuant to the requirements of Chapter 163, Florida Statutes. It is important to note that the effective date of the ordinance has been amended with language received from the State, to reflect statutory requirements for expedited reviews. BACKUP MATERIAL FOR PLAN AMENDMENTS Also included as a part of the backup material for this item are the comments from the DCA and respective agencies. Please note that the comments pertain to al1 the proposed plan amendments that were transmitted, and which are part of the amendment package designated ll-IESR. In the interest of saving on the duplicating costs, the comments from the various agencies will only be reproduced with this item. The remaining four (4) amendments will not have this material attached. COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION (FROM MAy 3, 2011 CITY COMMISSION MEETING) 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. 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. 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 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. 2 RECOMMENDATION It is recommended that the iL'1lendment set forth above be adopted on final reading and transmitted to the State. Attachments: Draft Ordinances DCA and Agency Comments Public Notices CB Z;\Comm Items\2OII\II-l-ll\Final-Comp Plan Ord Low Density MF Res\FLUM Text Low Den MFJeport.doc 3 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 Plmming 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 La!1d 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 providing 43 multiple-family units or townhouse units in transitional :esidential 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. 2 1 Section 2: Severability. If any section, clause, sentence, or phrase of this 2 ordinance is for any reason held invalid or unconstitutional by a court of competent 3 jurisdiction, this holding shall not affect the validity of the remaining portions of this 4 ordinance. 5 6 Section 3: Codification. The provisions of this ordinance shall become and be 7 made part of the Code of Ordinances of the City of South Miami as amended. The 8 sections of this ordinance may be renumbered or re-Iettered to accomplish such intention; 9 and the word "ordinance" may be changed to "section" or other appropriate word. 10 11 Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all 12 section and parts of sections of ordinances in direct conflict herewith are hereby repealed. 13 However, it is not the intent of this section to repeal entire ordinances, or parts of 14 ordinances, that give the appearance of being in conflict when the two ordinances can be 15 harmonized or when only a portion of the ordinance in conflict needs to be repealed to 16 harmonize the ordinances. Therefore, only that portion that needs to be repealed to 17 harmonize the two ordinances shall be repealed. 18 19 Section 5: Effective Date. This ef€!inanee shall beceme effective at the 20 Clrpiratien ef ten days after adeptien. The effective date of this plan amendment. if the 21 amendment is not timely challenged, shall be 31 days after the state land planning agency notifies 22 the local government that the plan amendment package is complete. If timely challenged, this 23 amendment shall become effective on the date the state land planning agency or the 24 AdmiIristration Commission enters a final order determining this adopted amendment to be in 25 compliance. No development orders, deVelopment permits, or land uses d~endent on this 26 amendment may be issued or commence before it has become effective. If a final order of 27 noncompliance is issued by the Administration Commission, this amendment may nevertheless 28 . be made effective by adoption of a resolution affirming its effective status, a copy of which 29 resolution shall be sent to the state land planning agency. 30 31 32 33 PASSED AND ADOPTED this _ day of _____ ., 2011 34 35 36 ATTEST: APPROVED: 37 38 39 40 CITY CLERK MAYOR 41 42 43 Commission Vote: 44 READ AND APPROVED AS TO FORM Mayor Stoddard: 45 LANGUAGE, LEGALITY AND Vice Mayor Newman: 46 EXECUTION THEREOF Commissioner Palmer: 47 Commissioner Beasley: 48 Commissioner Harris: 49 CITY ATTORNEY STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" RICK SCOTT Governor August 8, 2011 BIll. Y BUZZETT Mr. Christopher Brimo, Director City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Brimo: Secretary Thank you for submitting the City of South Miami's proposed comprehensive plan amendments submitted for our review pursuant to the Expedited State Review process. The reference number for this amendment package is South Miami 11-lESR. The proposed submission package will be reviewed pursuant to Section 163.3184(3), Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. You will receive the State Land Planning Agency's Comment Letter no later than September 7, 2011. If you have any questions please contact James Stansbury, Regional Planning Administrator, whom will be overseeing the review of the amendments, at (850) 487-4545. DRE/af Sincerely, D. Ray Eubanks, Administrator Plan Review and Processing 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE,FL 32399·2100 850·488·8466 (p) • 850·921·0781 (I) • Website: www.dca.state.ft.us • COMMUNITY PLANNING 850-488-2356 (p) 850-488·3309 (f) <t FLORIDA.COMMUNITIES TRUST 850·922·2207 (p) 850-921-1747 (f) .. t HOUSING AND COMMUNITY DEVELOPMENT 850-483-7956 (p) 850-922·5623 (f) • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" RICK SCOTT Governor MEMORANDUM TO Jim Quinn, DEP Susall Harp, DOS Tracy Suber, DOE . Pbij Steinmiller, FDOT6 Rachel M. Kalin, South Florida RPC Jim Jackson, South Florida WMD Subrata Basil, Miami-Dade County DATE: August 8, 2011 SUBJECT: EXPEDITED STATE REVIEW PROCESS COMMENTS FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT LOCAL GOVERNMENTI STATE LAND PLANNING AGENCY AMENDMENT #: South Miami U-IESR STATE LAt"''D PLANNING AGENCY CONTACT PERSONIPHONE NUMBER: James Stansbury 1850-487-4545 BILLY BUZZETT Secretary The referenced proposed comprehensive plan amendment is being reviewed pursuant the Expedited State Review Process according to the provisions of Section 1633184(3), Florida Statutes. Please review the proposed documents for consistency with applicable provisions of Chapter 163, Florida Statutes. Please note that your comments must be sent directly to and received by the above referenced local government within 30 days of receipt of the proposed amendment package. A copy of any comments shall be sent directly to the local government and ALSO to the State Land Planning Agency to the attention of Ray Eubanks, Administrator, Plan Review and Processing at the Department E-mail address: DCPexternalae:encvcomments@dca,state.fLus Please use the above referenced State Land Planning Agency AMENDMENT :N'UMBER on all correspondence related to this amendment. Note: Review Agencies -The local government has indicated that they have mailed the proposed amendment directly to your agency. See attached transmittal letter. Be sure to contact the local government if you have not received the amendment. Also, letter to the local govemlnent from State Land Planning Agency acknowledging receipt of amendment is attached. 2555 SHUMARD OAK BOUL.EVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (I) • Website: www.dca.state.fl.us " COMMUNITY PLANNING 850·488·2356 (p) 850-488-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f) + t HOUSiNG AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850·922-5623 (f} .. PLANNING & ZONING DEPT. 6130 SUNSET DRIVE SOUTH MIAMI, FL 33 143 TEL: 305-663-6326 FAX: 305-668-7356 August 1,2011 Mr. Ray Eubanks, Plan Processing Administrator Florida department of Community Affairs Division of Community Planning 2555 Shumard Oaks Boulevard Tallahassee, Florida 32399 S(lu~h MiamI F I (I rid l\ ttfttf ffUP 201H RE: Transmittal of City of South Miami Comprehensive Plan Amendt-nents. Dear Mr. Eubanks: Transmitted herein is the City of South Miami 2011 Comprehensive Plan amendment submittal to the Department of Community Affairs (DCA). The attached "text" amendments were initiated by the City of South Miami as a result of the City'S most recent Evaluation and Appraisal Report. The amendments [ordinances] were reviewed by the City's Local Planning Agency and forwarded to the City Commission for review and first reading. Following the DCA and Agency review and comment, the City Commission, following a second public hearing, will adopt the proposed ordinances. The proposed text amendments are not applicable to an area of Critical State Concern, nor are they subject to a joint planning agreement. Included with this transmittal are the following proposed amendments: I. Applicant: City a/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. 2. Applicant: City a/South Miami An Ordinance of th" 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 "Public/Institutional (Two-Story)," removing schools (educational) and churches from the category; which could be applied to development projects and properties providing governmental facilities, utilities and could also p~rmit other ancillary uses implemented -1 - PLANNJNG & ZONING DEPT. 6130 SUNSETDRlVE SOUTH MIAMI, FL 33143 TEL: 305-663-6326 FAX: 305-668-7356 by the category, with building h";ghts and intensities compatible with surrounding districts; providing for severability, providing for ordinances in conflict; and providing an effective date. 3. Applicant: City of South Miami An Ordinance of the Mayor and. City Commission of the City of Sonth 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 "Religious (Two-Story)," which could be applied to development proJects and properties providing religious facilities and conld 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. 4. 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)," wb.ich 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. 5. Applicant: City a/South Miami An Ordinance of the City of South Miami, Florida, amending the City of the Soutb Miami Comprehensive Plan to amend the current future land use map category titled "Public / institutional Uses (Four-Story)." 6. Applicant: City a/South Miami An Ordinance of the City of South Miami Florida, amending the City of South Miami Comprehensive Plan to adopt a neW future land use map category titled "Mixed Use-Commercial/Residential (Two Story)." 7. Applicant: City a/South Miami An Ordinance of the City of South Miami, Florida, amending the City of South Miami Comprehensive Plan to adopt a new future land use map category titled "Hospital" The.following Exhibits are included with this transmittal: Exhibit 1: Staff report and analysis; Exhibit 2: Proposed Text Amendment Ordinances; Exhibit 3: Legal advertisements; Exhibit 4: City Commission "after action summary"; Exhibit 5: Local Government Contact Information. If you have questions or need additional information, please do not hesitate to contact me at (305) 663-6326 or cbrimo@southmiamifl.gov. ~ ~ince ~y,-( . , .. /V-/.~ isto er Brimo, AICP, Director Planning and Zoning Department -2- PLAl\1NING & ZONING DEPT. 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 TEL: 305-663·6326 FAX: 305-668--7356 cc: (including all exhibits) Department of Environmental Protection Jim Quinn, Environmental Manager Office oflntergovemmental Programs 3900-Commonwealth Boulevard, Mail Station 47 Tallahassee, Florida 32399-3000 Department of State Susan Harp, Historic Preservation Planner Bureau of Historic Preservation 500 South Bronough Street Tallahassee, Florida 32399-0250 Department of TraDsportation, District Six Phil Steinmiller, Planning Section lOOO NW 11 1 A ven ue Miami, Florida 33172 South Florida Regional Planning Council Rachel M. Kalin 3440 Hollywood Boulevard Hollywood, Florida 33021 South Florida Water Management District Jhn Jackson, A.I.e.p., Senior Supervisor Planner Post Office Box 24680 West Palm Beach, Florida 33416-4680 Department of Education Tracy D. Suber, Educational Consultant-Growth Management Liaison Office of Educational Facilities 325 West Gaines Street, Suite 1014 Tallahassee, Florida 32399-0400 Miami-Dade County Department of Planning and Zoning Marc C. LaFerrier Director III NW ISl Street, II tb floor Miami, FL 33128 -3 - STATE Or FLORiDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to coil home" R!CK SCOTT Governor The Honorable Philip K. Stoddard, Ph.D., Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Stoddard: September 7, 2011 BILLY BUZZETT Secretary The State Land Planning Agency (dle Agency) hns completed its review of the proposed South Miami Comprehensive Plan Amendment 11·lESR which was received on August 8, 201 I. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comments related to important state resources and facilities within the agency's scope of review that would be adverseJy impacted. by the amendment if it is adopted. 111e City is reminded that pursuant to Section 163.3 I 84(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City regarding these proposed amendments. The comments from the review agencies could form the basis for a challenge by this Agency. If other reviewing agencies provide comments, we recommend that the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments may form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment Also) if the second public hearing is not held within J 80 days of your receipt of the agency comments, and the timeframe is not extended by agreement, Section 163.3184(3)(c) l, F.S, provides that the amendment will be deemed to have been withdrawn. For yot.}r assistance, we have attached procedures for adoption and transmittal of the comprehensive plan amendment. lfyou have any questions, please call Caroline Knight, Principal Planner, at (850) 922·1773 or by email: caroline.knight@dca.state.f1.us. d~"D,~ ames D. Stansbury Region.al Planning Administrator JDS/ok cc: Mr. Christopher Brirno, Director, Planning & Zoning Department, City of South Miami Mr. James F. Murley, Interim Executive Director, South Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD 0 850-488·8466 (p) 0 850-921-0781 (f) TALLAHASSEE, FL 32399·2100 o Website: V'i\r,;w,dca.state.f!.us o COMMUNITY PLANNING ~SO-48a-2S56 {p) 850·486·3309 (I) 0 FLOIUDA COMMUNi:TIES TRUST 850-922·2207 (p) 850-921-1.7<17 to 0 o HOUSING AND COMMUNtn' oMLOPMENT 850-488-7956 {p) 8$0-922-5623 (f) 0 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163,3184{3}, Florida Statutes NUMBER OF COPIES TOBE SUBMITTED: Please submitthree complete copies of all comprehensive plan materials, one of which must be a complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department 6f State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Depantment of Agriculture and Consumer Services (county plan amendments only); and the Depantment of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please inciude the following information in the cover letter transmitting the adopted amendment __ State Land Planning Agency identification number for adopted amendment package; __ Summary description of the adoption package, including any amendments proposed but not adopted; __ Ordinance number and adoption date; __ Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; __ Name, title, address, telephone, FAX number and e-mali address of loca! government contact; __ Letter signed by the chief elected official or the person designated by the local government ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: __ In the case of text amendments, changes should be shown in strike-through/underline format. ---,,.--:-In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. __ A copy of any data ann analyses the lacal government de.ems appropriate. Note: if the local government is relying on previously submitted data and analysis, no additional data and analysis is required; __ Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenca before it has become effective. If a final order of noncompliance is issued by the Administration CommisSion, this amendment may nevertheless be made effective by adoption of a resolution affinming Its effective status, a copy of which resolution shall be sent to the state land planning agency. __ List of additional changes made in the adopted amendment that the state Land Planning Agency did not previously review; __ List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment, __ Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. 2 I South Florida Regional Planning Council MEMORANDUM DATE: SEPTEMBER 12, 2011 TO: COUNOLMEMBERS FROM: STAFF AGENDA ITEM #ID.F.l SUBJECT: CITY OF SOUTH MIAMI PROPOSED COMPREHENSNE PLAN AMENDMENT #11-1ESR Community Profile The Oty of South Miami, "TIle Oty of Pleasant Living" and a designated All American Oty, was incorporated in 1926, making it the ninth municipality formed in Miami-Dade County. Approximately three miles south of the Oty of Miami, South Miami encompasses 2.5-square miles within Miami-Dade County. It borders the University of Miami's main campus and the Oty of Coral Gables and Village of Pinecrest. U.S. Highway 1 carries tens of thousands of vehicles through the city on a daily basis. The "town center" area east of U.S. 1 is a vibrant shopping. dining and entertainment venue with a downtown feel Two major hospitals within the city provide employment and services to people throughout the county and beyond. South Miami's 2010 population was 11,657, an 8.5 percent increase from its 2000 population. The general location of the Oty is sho1>\'Il in Attachment 1. Amendment Review The South Florida Regional Plaillling Council (SFRPC) review of proposed comprehensive plan amendments for consistency with the Strategic Regional PoliCl) Plan for South Florida (SRPP) primarily addresses effects on regional resources or facilities identified in the SRPP and extra-jurisdictional impacts that would be inconsistent with the comprehensive pla.'l of the affected local government (§163.3184(5), Florida Statutes). The Council's review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff reviews the contents of the amendment package once the Deparlulent of Community Affairs certifies its completeness. Objections and Comments relate to specific inconsistencies with relevant portions of the SRPP, which was adopted pursuant to Rule 29J-2.009, Florida Administrative Code. Council staff will work with local governments to address Objections and Comments identified during the review of a proposed amendment between t.lte transmittal and the adoption of the amendment. Summary of Staff Analysis Proposed amendment package #11-1ESR consists of Evaluation andAppraisal Report (EAR)-based text amendments to the Future Land Use Element. The proposed amendment is being processed and reviewed under the Expedited State Review Process. Comments must be submitted to the Oty no later than September 7, 2011. 3440 Hollywood Boulevard, Suite 140, HolIywoQd, Florida 33021 Broward (954) 985-4416, ElseV1A1ere in the State (800) 985-4416. FAX (954) 985-4417, e-mail: sfadmin@sfrpc.com, website: \I\wvv.sfrpc.com The proposed amendment package consists of seven (7) text changes for new, future land use designations to the City of South Miami's Comprehensive Plan Future Land Use Element, to enhance compatibility between residential and commercial uses. These amendments are based on recommendations made during the 2006 Evaluation and Appraisal Report (EAR). The following Future Land Use Map categories are being proposed. However, none are being applied to the FLUM at this time. 1. The proposed Low Density Multiple-Family Residential (Two Story) Category would limit the maximum density for new residential projects to 20 units per acre and to a maximum height of two stories, facilitating compatibility with transitional residential areas. 2. The Public/Institutional (Two-Story) Category would be amended to remove educational and religious facilities .as a sub-category; allow the development of governmental facilijies, utilities, and ancillary uses; and limit building height to (wo stories for greater compatibility with surrounding uses. 3. The Public/Institutional (Four-Story) Category would be amended to remove educational and religious facilities as a sub-category; allow the deVelopment of governmental facilities, utilities, and ancillary uses; and limit building height to four stories for greater compatibility with surrounding uses. 4. 'The proposed Religious (Two-Story) Category will guide the development of religiOUS facilities and ancillary uses and limit building height to two stories for greater compatibility with surrounding uses. 5. The proposed Educational (Two-Story) Category will guide the development of educational facilities and ancillary uses and limit building height to two stories for greater compatibility with surrounding uses. 6. The proposed Mixed Use-Commercial/Residential (Two Story) Category will guide mixed commercial and retail uses as long as one floor contains residential development. The Future Land Use Map category would also limit building height to two stories for greater compatibility with surrounding uses. 7. The proposed Hospital category would allow the development of health facilities in areas that could support the resulting building heights, intensities, and transportation and traffic demands. The City of South Miami Commission approved (5-0) the transmittal of proposed text Amendment 1, at its May 3, 2011 meeting. The City of South Miami Commission approved (4-1) the transmittal of proposed text Amendments 2, 4, and 5, at its May 3, 2011 meeting. The City of South Miami Commission approved (4-0) the transmittal of proposed text Amendment 3, at its June 14, 2011 meeting. The City of South Miami Commission approved (4-0) the transmittal of proposed text Amendments 6 and 7 at its July 19, 2011 meeting. Staff analysis confirms that the proposed text amendments are generally consistent with the Goals and Policies of the Strategic Regional Policy Plan IIJY South Florida. 2 Recommendation of Consistency with the Strategic Regional Polky Plan (SRPP) Find City of South Miami proposed amendment package #11-IESR generally consistent with the StrategicRegiollal PoliCl} Pian for South Florida. Approve this staff report for transmittal to the City, with copies to the Florida Department of Community Affairs. 3 I \ \ L __ _ I }l ~f /1 ! ;' Attachment 1 \ !; \ r' ~ '~-r--j-i.' 7 f {"'/~IJi Biro Road }{\, i,." . . 0", MIAMI I I . '\ ..... // !'i UNINCORPORATED MIAMI-DADE' I /. \-;/' / \ I i i i I , it' P I // 1 PINECREST o 0,5 1 1m ,~ !~ if;; Iffi I ! ' Miles 2 COMPREHENSIVE PLAN AMENDMENTS General Location Map City of South Miami Proposed Amendment Package #11·1ESR roximate. ( i ,/ 1 Nl r 1 i ! o MIAM ~~ml~:'~~~: Planning and Zoning 111 NW 1st Street. Suite 1210 Miami, Florida ,33128-1902 T 305·375-2800 miamidade.gov September 2, 2011 Mr. Christopher Brimo, AICP, Director Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Proposed City of South Miami Comprehensive Plan Amendments; DCA No. 11-1 ESR Dear Mr. Brimo: The Department of Planning and Zoning (Department) has reviewed the seven proposed City of South Miami Comprehensive Plan amendments. Our review is conducted to identify pOints of consistency or inconsistency with goals, objectives, policies and relevant provisions of the Miami- Dade County Comprehensive Development Master Plan (CDMP), and whether the proposed amendments impact County public facilities and services. The applications propose to amend the text of the South Miami Comprehensive Plan Future Land Use Element as follows: Application 1: Adopt a new Future Land Use Map category entitled "Low Density Multiple- Family Residential (Two Story)" to allow townhouse or multi-family residential units, at a density of 18/dwelling units per acre, within single- family residential zoning districts in Transitional Residential areas; ""' _ ~ Application 2: Amend the Future Land Use Map category entitled "Publicllnstitutional (Two rP ' f;-Cj ~ Story)" to remove schools, churches, temples and synagogues from this '1;'" jlVl land use category and allow only governmental facilities, utility and ancillary V) uses; Application 3: Amend the Future Land Use Element to adopt a new Future Land Use Map category entitled "Religious (Two Story)"-separated from the "PublicI Institutional (Two Story) category-to allow development projects that provide religious facilities and ancillary uses; Application 4: Amend the Future Land Use Element to adopt a new Future Land Use Map category entitled "Educational (Two Story)"-separated from the Publici Institutional category-to be applied to projects and properties providing educational facilities and ancillary uses; Application 5: Amend the Future Land Use Map category entitled "Publicllnstitutional Uses (Four Story)" to remove schools, churches, temples and synagogues from this land use category; Mr. Christopher Brimo, AICP September 2, 2011 Page 2 of 2 Application 6: Adopt a new Future Land Use Map category entitled "Mixed Use- Commercial/Residential (Two Story)" to allow mixed use commercial/office uses; proposed projects are required to contain a residential component regardless of use (at a minimum one floor must contain residential); and Application 7: Adopt a new Future Land Use Map category entitled "Hospital" to be applied to development projects and properties providing hospital facilities, and to establish permitted heights, densities and intensities. The Department finds the proposed text amendments to the Future Land Use Element and Map generally consistent with the CDMP, and there appear to be no impacts to County public facilities and services. However, the City should submit Future Land Use Maps indicating: a) the existing and proposed future land use designations of those properties being considered for redesignation, and b) properties proposed to receive a new future land use designation. If you have any questions, please do not hesitate to contact me or Mark R. Woerner, Chief, Metropolitan Planning at 305-375-2835. Sincerely, Marc . LaFerrier, AICP Director / /u/,ttv:. ' 'Fftd! MCLF:MR :NVS:smd Cc: Ray Eubanks, Administrator, Plan Review and Processing Department of Community Affairs Florida Department of Environmental Protection Rick Scott Governor Marjory Stoneman Douglas Building 3900 Commonwealih Boulevard Tallahassee. Florida 32399-3000 JennIfer Carro!1 Lt. Governor Herschel T. Vinyard, Ir. August 24, 2011 Mr. Christopher Brimo Planning and Zoning Director City of South Miami 6130 Su...'lset Drive South Miami, Florida 33143 Re: South Miami 11-lESR; Expedited Comprehensive Plan Amendment Review Dear Mr. Brimo: The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (DEP) has reviewed the above-referenced amendment proposal under the procedures of Chapter 163, Florida Statutes (F.S.). The Department's review focused on potential adverse impacts to important state resources and facilities. Based on our review of the proposed amendment, the Department has found no provision that requires comment under laws that form the basis of the Department's jurisdiction. Thank you for the opportunity to comment on the proposed amendment package. Should you have any questions or require further assistance, please call me at (850) 245-2169. Sincerely, aM Chris Stahl Office of Intergovernmental Programs Icjs IH'I·W. dep.51alt. fl. liS Secretary Brimo. Christopher From: Sent: To: Cc: Subject: Stahl, Chris [Chris.Stahl@dep.state .. fl .. usj Wednesday, August 24, 2011 2:15 PM Brimo, Christopher Craig, Kae; DCPexternalagencycomments@dca.state.fl.us South Miami 11-1 ESR Attachments: South Miami 11-1ESR.pdf Attached is a no comment letter for the referenced amendment. Chris Stahl The Department of Environmental Protection values its customers' opinions and feedback. Please take a few minutes to share your comments on the service you received from the department by clicking on this link DEP Customer Survey. No virus found in this message. Checked by A VG -www.avg.com Version: 10.0.1392 1 Virus Database: 1520/3854 -Release Date: 08/24111 8/24/2011 SOUTH FLORIDA WATER MANAGEMENT DISTRICT August 16, 2011 Mr. Christopher Brimo, Planning Director City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Brimo: Subject: City of South Miami, DCA #11-1 ESR Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the . proposed amendment package submitted by the City of South Miami (City). The submitted package includes proposed text amendments to the Future Land Use Element of the City's Comprehensive Plan that would create five new land use categories and amend two existing land use categories. No amendments are being proposed at this time to designate the new land use categories on the City's Future Land Use Map. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the City, its water supplier, and the Department of Community Affairs in developing sound, sustainable solutions to meet the City's future water supply needs and to protect the region's water resources. For assistance or additional information, please contact Terry Manning at (561) 682-6779 or tmanning@sfwmd.gov. Sincerely, Rod A. Braun Director Office of Intergovernmental Programs c: Ray Eubanks, DCA Rachel Kalin, SFRPC Marc La Ferrier, Miami-Dade County Terry Manning, SFVv'MD James Stansbury, DCA Maria Valdes, Miami-Dade County 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FL WATS 1-800-432-2045 Mailing Address: P. O. Box 24680, West Palm Beach, FL 33416-4680 0 wvvvv.sfwmd.gov FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION KATHLEEN SHANAHAN, Chair ROBERTO MARTINEZ, Vice Chair Members SALLY BRADSHAW GARY CHARTRAND DR.AKSHAYDESAI BARBARA S. FEINGOLD JOHN R. PADGET September 8, 2011 Mr. Chris Brimo, AlCP Director, Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Via E-mail: cbrimo@southmiamifl.gov Dear Mr. Brimo: Re: South Miami 11-1 (Expedited State Review) Gerard Robinson Commissioner of Education Thank you for the opportunity to review the proposed South Miami 11·1 amendment package, which the Office of Educational Facilities received on August 15, 2011. As we discussed by telephone last week, while the amendment does not propose changes to the city's comprehensive plan that appear to create adverse impacts on public school facilities, I would like to offer technical comment for the city's consideration. The amendments include proposed policy text changes to the future land use categories in which public schools are allowed. Last week you said the city had not yet discussed the proposed changes with staff of Miami· Dade County Public Schools and that you will do so prior to adoption of the amendments. That is reassuring because the intensity standards and height limits may conflict with State Requirements for Educational Facilities, which is prohibited by Sections 1013.33(13) and (15), F.8. Coordination with the school district is also important to fulfill requirements of Sections 163.3177(h)1., F.S., and the city's obligations in Section 7 of the Amended and Restated lnterlocal Agreement for Public School Facility Planning in Miami- Dade County. THOMAS H. INSERR.A. DIRECTOR, OFFICE OF EDUCATIONAL F AClLITIES 325 W. GAINES STREET' SUlTE 1014· TALLAHASSEE, FLORIDA 32399-0400· (850) 245-0494· FAX (850) 245-9304 www.f1doe.org Mr. Chris Brimo September 8, 2011 Page 2of2 Again, thank you for the opportunity to review and comment. Growth Management and Facilities Policy Liaison TDSI cc: Mr. Ivan Rodriguez, Miami"Dade County Public Schools Mr. James Stansbury, DCA MIAMI CAlLY BUSINESS REVIEW I'>JllIished Dailj except Sa\\:r<!ay, Sunday and LegalHoRda';s t.~ami, Miamf.Cada Co,",:y. Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the urldersigned authority personally appeared V. PEREZ, Who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review Ill<!a Miami Review, a daily (except Saiurday, Sunday and legal Holidays) newspaper, published at Miami In Miami-Dade COunty, Ronda; thai the attached copy 01 advertisement, trelng a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING· NOVEMBER 1, 2011 in the XXXX Court, was published in said newspaper in the issues of 10/21/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that !he $ald newspaper has heretofore been continuously published In said Miami-Oade County, Florida, each day (except Saturday, Sooday and legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Oade County, FlOrida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discol.lllt, rebate, commission or refund for the purpose of securing this advertisemen!Jqr publication in the said new;::u, Sworn to and subsCribed before me this ~ 21 day of OCTOBER .A,D. 2011 ~ !'Z/-O/'7:;% 7"7-----7 (SEAL) V. PEREZ personally known 10 me I /,~~.,~ No'-aryPub!!eSlatSOIFioIida I . . Cha1j1 H. Marmer ~ ~ MyO:vrtm!sslon 00793490 '_ 7""",.,.,l' ExpltooQ7/18t2012 -< ',:;~_ • :~ ':, _ c -'-"~ '_:''-' M;;6aM.M~en(!~CMC CityClerk_ PWSullI\l-l'O-Fk:nda:Siilu1e_S _2s6.tii05,!th~;_City;--hefej;y advls'ss the publ;c that il a person decli:!as to appeal mil' (Jecisfori m'adebY \his 8.o;Ifd, Agency 'Or ,CCirrimiS$iOn wllt! fllSP'ect .10 any malter Ct)iisioomcf -a!-l!s' meMing or hearing;-he_ of:s\'!l!_will,ne¢ a record 'Of the pioeaedings, and thalfofSucfl purpose;alfe_Cled parSOn may'ileeet,I'O e!lSU1& !hata_velba~m recaro 01 the plOe,;,-eding!)lS'mad<i whlch recoid in-eludes iliE.-tes~mOfl)' ancr evidence upon which 1M appeal is !obebaSW. 10121 -tl"3.19711n~i?M THE MIAMI HERALp MiamiHerald.s.0m CRIME WATCH ~6"'="""===",-= ", .. =,~=""""g ~=~P:""",,== Simple tips to prevent fraud on the Internet BY CARMEN GONZALEZ CALDWELL Special to The Miami Herald O ctcher is National Crime Prevention month, and this week I want to share with you infonnation being provided by our Miami FBI office. This is a real eye- opener, and we thank the FBI for keeping us in- formed and giving us the ability to help stop fraud in its tracks. In 2010, Floridians flled almost 20,000 complaints and suffered $37 million in losses through fraudulent activities on the Internet For the past eight years, the FBI has designated October as National Cyber Security· Awareness Month to high- light the importance of protecting our cyber net~ works. The FBI leads the national effort to investi- gate Internet criminal ac- tivity, called cyber crime, including cyberwterrorism, computer intrusion, online sexual exploitation and major cyber frauds. This column focuses on cyber frauds. Internet criminals seek to defraud victims through a variety of schemes. The more commonly used methods include auction fraud, credit card fraud, identity theft, phishing attacks and holiday/charity scams. Here are a couple of examples of these scams: • In auction fraud, In- ternet criminals post c1assi~ fied ads at;ld auction an- nouncements for products they do not have and rip off buyers by cre.ative use of stolen credit cards. Fraudsters receive a victim's order; charge the victim's credit card for the amount of the order, then use a separate, stolen credit card for the actual purchase. They pocket the purchase price obtained from the victim's credit card and have the mer- chant ship the item directly to the victim. Consequent- ly, an item purchased from an online auction, but reR ceived directly from the merchant, is a strong in- dication of fraud. Victims not only lose the money paid to the fraud~ter, but may be liable for receiving stolen goods. • In phishing schemes, a fraudster poses as a bank or other legitimate entity and uses emails and scam websites to obtain a vic- tim's personal information, such as bank account num- bers and Social Security account information. In this scam, fraudsters direct victims to follow a link. or call a number to update an account or correct an al- leged problem. The link directs the victim to a fraudulent website that appears legitimate. Instead, the site allows the fraudster to steal the victim's personR al information. Bottom line, only go to the official web- site to check: accounts and. be leery of emails claiming there is a problem with your fmancial accounts. There are several web- sites that provide informa- tion about the myriad In- ternet scams in use today. The website www.looks toogoodtobetrue.com was launched in October 2005 by the FBI, U.S. Postal Service and several com- mercial partners to educate and help protect consum- ers against Internet crimes. Additionally, the Internet Crimes Complaint Center website, www.ic3.gov. is the best location to make a complaint about Internet fraud. If you think you are a victim of an Internet crime, go to the IC3 website to register your complaint. By taking the time to educate yourself about Internet scams and taking prudent precautions, you can benefit from the in- ternet without becoming a victim. Supervisory Special Agent Raymond T. Goer- gen leads the Computer Intrusion Squad in the FBI's Miami field office. Carmen Caldwell is executive director of Citi- zens' Crime Watch ofMi- ami-Dade. Send feedback and news for this column to cannen@citizenscrime watch.or,g. or call her at 305-470-1670. A~~~~'.l\loMt!~!)(D ~$._r· Best local deals Up to 90% Off . MiamiHerald.comldeal.aver daily in your inbox! ~ 5 SE SUNDAY, OCTOBER 23, 201~lPSE ~ eli" OF SOUTH MIAMI COURTESY NOTICE NonCE IS HEREBY given that the City Commission oHhe City of South Miami, Florida wi!! conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday. November 1, 2011 ' beginning at 7:30 p.m,. in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorlzing the City Manager to enter Into a Software Maintenance agreement with Executime, SunGard Public Sector's only Premier Solution Provider that supplies electronic payroll integration for the sum of $18,750 for a five-year period, with an annual maintenance fee payment of $3,750 10 be paid from account number 001-1330-513-4634 Maintenance Computer Programs beginning November 1,2012; and providing for an effective date. A Resolution relating to a request pursuant to Section 20-3.4(B)(16} of the land Development Code for SpeCial Use Approval to locate a barber shOp at 582.5 SW 68 street within the "Lon lOW-Intensity Office zoning district. A Resolution authorizing the City Manager to execute a 5-year agreement with ;:c;;:::;-- for the pool operations and management of the planned Murray Park Community Pool, An Ordinance amending the City of South Miami Pension Plan, providing for an amendment to Section 16~21 Purchase of credited service, to provide an incentive for retirement for Qualified poUce officer employees of the City of South Miami by Including an add!t!onal eight (8) months of prior credited service, within a specified period of time. An Ordinance amending the South Miami Pension Plan. providing for an amendment to Seclion 16-12, Definitions, Section 16-13, Eligibility, to Section 16-14, Pension Benefits and Retirement Dates, Section 16-19, Contributions to comply \vith current City policy concerning the definitions of annual compensation and final average compensation; and also amending Section 16-13, EHgibHity, ( An Ordinance amending the text of the South Miami Comprehensive Plan. by amending the) Comprehensive Plan Future Land Use E!ement 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 transit!ona! residential areas. An Ordinance 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 "PubUc/lnslitutional (Two-Story),n removing schools (educationaij and churches from the category; which could be applied 10 development projects and properties providing governmental facilities, utillties and could also permit other ancillary uses implemented by the category, with bullding heights and intensities compatible with surrounding districts. An Ordinance 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 !and use map category entitled "Religious (Two~Story)," which could be appHedto 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. An Ordinance amending the City olthe South Miami Comprehensive Plan to amend the current future land use map category titled "Public/Institutional Uses {Four~story)." An Ordinance amending the City of South Mlam! Comprehensive Plan to adopt a new future land use map category titled. ~Mixed Use-CommerclaVResidentla! {Two Story)." An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled "Hospital.fl ALL interested parties are invited to attend and wil! be heard . For further information, please contact the City Clerk's Office at 305-663-6340. Maria M, Menendez, GMC City Clerk Pursuant to Ronda StaMes 28$.0105, the City Ilereby advises the public that !I a person decides to appeal any detlslon maoe by this Boaro,Agen(;"f Of Commlsskm with respect to any matter considered at lis meeling or hearing, he Of she will need a record of the proceedings, arullhat for such purpose, affected person may need to ensure tlla! a verbatim record afthe proceedings is made whlt:h retOld includes IDe testimony and evider.Ct! upoo which tile appeal is to be based.