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
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COMPREHENSIVE PLAN AMENDMENTS
General Location Map
City of South Miami
Proposed Amendment Package #11·1ESR
roximate.
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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 $ald newspaper has
heretofore been continuously published In said Miami-Oade County,
Florida, each day (except Saturday, Sooday and legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Oade County, FlOrida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discol.lllt, rebate, commission or refund for the purpose
of securing this advertisemen!Jqr publication in the said
new;::u,
Sworn to and subsCribed before me this ~
21 day of OCTOBER .A,D. 2011 ~
!'Z/-O/'7:;% 7"7-----7
(SEAL)
V. PEREZ personally known 10 me
I /,~~.,~ No'-aryPub!!eSlatSOIFioIida
I . . Cha1j1 H. Marmer
~ ~ MyO:vrtm!sslon 00793490 '_ 7""",.,.,l' ExpltooQ7/18t2012
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CityClerk_
PWSullI\l-l'O-Fk:nda:Siilu1e_S _2s6.tii05,!th~;_City;--hefej;y advls'ss the
publ;c that il a person decli:!as to appeal mil' (Jecisfori m'adebY \his 8.o;Ifd,
Agency 'Or ,CCirrimiS$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.