20To:
Via:
From:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor Stoddard and Members
South Miami
hO"t AII·America CitY
~IUI,'
2001
the City Commission
Date:
Hector Mirabile, Ph.D., City Manager
Christopher Brimo, AICP; Directo~
Planning & Zoning Department
November 15, 2011 ITEM NO. Ci< 0
Applicant: City of 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)."
BACKGROUND
The City Commission at its July 19, 2011 meeting passed on first reading, the new future
land use map category of" Mixed Use-Commercial! Residential (Two Story)" by a vote
of 4-0. This proposed amendment was transmitted to the Florida Department of
Community Affairs (DCA) and respective agencies pursuant to Section 163.3184 (2) and
(3), Florida Statutes, as part of an amendment package designated 11-lESR. 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
IMlguage received from the State, to reflect statutory requirements for expedited reviews.
BACKUP MATERIAL FOR PLAN AMENDMENTS (From April 12, 2011
Workshop and May 24, 2011 PB Meeting)
On October 19, 2011 the City Commission adopted Ordinance 43-10-2068 amending
the future land use map category from Mixed use Commercial!Residential (Four Story),
to Mixed Use Affordable Housing (Two Story), for an area identified as a part of the
Madison Square Development Project. The item was transmitted to the Florida
Department of Community Affairs (DCA) and was acknowledged by the DCA in a letter
dated November 2,2010. On May 9,2011 the City received a notification letter from the
DCA, dated May 4,2011 stating that the amendment package received on November 1,
2010 and adopted by Ordinance No. 43-10-2068 on October 19, 2010, failed to qualifY
as a small scale development amendment pursuant to Section 163.3187(l)(c), Florida
Statues.
A Comprehensive Plan Future Land Use Map amendment was discussed at a workshop
held by the City Commission on April 12, 2011. During discussions at the workshop, and
through further clarification and inquiries to the Department of Community Affairs
(DCA) from the Planning and Zoning Department, it was evidenced that currently there is
2
not an established future land use category entitled "Mixed Use Affordable Housing
(Two Story)." The City'S adopted EAR based amendments and adopted Future Land Use
Map does not show this land use category which was adopted by Ordinance No. 43-10-
2068 and submitted as a small scale amendment.
As a result, the LPA-ll-018 was proposed, and is a Comprehensive Plan Future Land
Use text amendment to adopt a new future land use map category entitled "Mixed-Use
CommerciaJ/Residential (Two-Story)," and will be applied to those properties where
the building heights and intensities need to be compatible with similar, surrounding uses.
At the May 24, 2011 Local Planning Agency meeting, the board unanimously voted to
defer LPA-ll-018, to detennine whether the Mixed-Use Conunercial/Residential (Two-
Story) proposal is similar to the amendment adopted by ordinance 44-10-2069 that
created the Mixed-Use Residential/Limited Commercial (Two-Story) and the current
amendment [LPA11-018] therefore necessary.
At the June 21, 2011 Local Planning Agency (LPA) meeting the Board debated the need
for this additional category since there already exists a Residential/Limited Conunercial
District (Two Story) category, adopted by Ordinance 44-10-2069.
Ordinance 44-10-2069 adopted on October 19, 2010 dealt with a Comprehensive Plan
Amendment, changing the future land use map category from Mixed-Use
ConunerciallResidential (Four Story) to Residential/Limited Conunercial District (Two
Story).
The difference between the October 19, 2010 amendment and the proposed LPA-ll-018
is that Ordinance 44-10-2069 was applied to a specific geographic area; those properties
facing the west side of SW 62"d Avenue from SW 64 th Street to SW 69th Street, including
6914 SW 62 nd Avenue. It was intended to allow for low-density residential development
at approximately 6-upa, and "limited" conunercial development in a transition area
abutting single family homes.
Comparison Table:
Ordinance No. 43-10-2068 " ... changing the future land use map category from Mixed-Use
CommerciaVResidential (Four Story) to Mixed -Use/Affordable
Housing (Two Story) for an area identified as part of the proposed
Madison Square Development Project ... "
Ordinance No. 44-10-2069 " ... changing the future land use map category from Mixed-Use
CommerciaVResidential (Four Story) to Residential / Limited
Commercial District (Two Story) for an area identified as all
properties facing the west side of SW 62 nd Avenue from SW 64"'
Street to SW 69'" Street, including 6914 SW 62,d Avenue ... "
LPA-ll-018 to replace Mixed Mixed-Use Commercial/Residential (Two-StorY}
Use Affordable Honsing (Two The mixed-use commercial! residential land use category is intended
Story) to Qrovide for different levels of retail uses, office uses, retail and
office services. and residential dwelling units that is characteristic of
a mixed-use commercial/residential development. For develoQment
nfojects and 12roperties nroviding retail uses~ at a minimurn~ one floor
must contain residential. For office projects, at a minimum, at least
one floor must contain residential. For retail and office :Qrojects~ at a
3
minimu.1l1! at least one floor must contain residential. Pro12erties may
be "ith building heights and intensities comIlatible with surrounding
districts. Building heights shall in no case, exceed two stories in
height.
Permitted heights. densities, and intensities shall be set forth as Ilar!
of a corres12onding use district in the Land DeveloIlment Code
subject to the following maximum levels of develollment: maximum
building height of two stories.
On June 21, 2011 the Local Planning Agency (LP A) after a public hearing, adopted a
motion by a vote of 5 ayes and 1 nay (Dundorf) recommending approval of the Land Use
category titled Mixed-Use Commercial/Residential (Two Story).
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION
A change in the Comprehensive Plan Future Land Use Element can be initiated by a
property owner, the Local Planning Agency and the City Commission. An amendment to
the City's Comprehensive Plan document or the future land use map requires the
adoption of an ordinance by the city commission after receiving a recommendation from
the City's Local Planning Agency. Following adoption of the application by the City
Commission, the application package is then submitted to the Florida Department of
Community Affairs (DCA) for review and approval. For additional information on the
process, please refer to line item #8 of the attached Comprehensive Plan 2010 Cycle 2
Chart.
ANALYSIS
NATURE OF THE PROPOSED USE
As per Definitions, Section 20-2.3, of the Land Development Code, Mixed use is defined
as follows:
Mixed use. Shall mean the use or occupancy of a building or parcel for both
residential and nonresidential purposes.
NEW FUTURE LAND USE CATEGORY
In order to create an appropriate land use category and zoning district that would assist in
implementing the strategy, the Planning and Zoning Department, working with the City
Commission have prepared a new future land use element category which could be
applied to areas that specifically require Mixed-Use Commercial/Residential (Two-
Story). The following parameters were used to develop the category:
1. The new land use category cannot exceed the maximum of two (2) stories.
2. The maximum building height for the new land use category shall be as per the
following sub-parameters:
a. Compatible with the surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
4
c. Consistent with the Dimensional Requirements for Residential Districts, Section
20-3.5(H) of the Land Development Code;
d. Consistent with the Dimensional Requirements for Non-Residential Districts,
Section 20-3.5(0) of the Land Development Code;
3. The maximum density for the new land use category shall be as per the following
sub-parameters:
a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Residential Districts; Section
20-3.5(H) ofthe Land Development Code;
d. Consistent with the Dimensional Requirements for Non-Residential Districts,
Section 20-3.5(0) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20-3.5(H)
5
Section 211..3~'i.a:
DIMENSIONAL REQum~~lI-mN'fS
§lNGL!!:'FAlI1ILY RESIDEt'ITXAL DISTRJCTS -TWO-STORY
MIII.l,otSI ..
N.tAr •• (5g. ft.)
Ftpnbgem.)
Min. Yard Sethacks (ft.)
lil'f)nt
Relit
Side mrterroir)~
Sid~ (Street)
Max. Building RciJlbt
Stodll$
l!!!!lt
}I'or structure 12' {u·
less in hoigl1t~ 'as .
measnr1.'!d frum tIte
first floor ij~iillm!
~levathm
Ptwtipn 1)1
structure above 12,!
high .liS meusured
fro_!! tbe' firllt fffiar:
fivitilled floor
!}fe'llntinn
Max, Irnpervh:n;ts Cover.tge (1)/o-}
Max. FloM" Arrul' Rutin f%) Seeol1d f1Qrw
81M. IlS.'Z
:lQ,OOO 15,000
lli lll!!
50 J!i
..'Mi ;)Ii
lteter to TaMe 1.
20 2,'i..
;\ A
;)Ii 25
gef!tt to Table 2
'Refer to '.tub-Ia 2
Rm';. Table 2
R&3 I!S4
10.000 6,000
15 !!J!
25 25
25 2$
.1ft IE
Z ~
25 Zll
RS-5
.€&!lfi
50
;§
;)Ii
IS
Z
Zll
a ClInml'ttive width (>fboth side yard. shall be not less I:han 26 nercent oftotallotwldth.
6
EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20-3.S(G)
Section 20-3.5G
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIREMENT RO LO MO NR SR GR I
Min. Lot Size
Net Area (sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000
Frontage (ft) 75 75 100 75 50' 100 50
Min. Setbacks (ft.)
Front 25 20 15 b 25 lOb 20 20
Rear 20 15 10 15 10 15 a
Side (Interior) 10 10 0
Side (Street) 20 15 10 15 lOb 15 15
Adj. Res. Dist. 25 25 25 25 25 25 25
Side (w/driveway) 20 20 20 20 20 20 20
Between Buildings 20 20 20
Max. Building Height
Stories 2 2 4 2 4 2 2
Feet 25 30 50 25 50 30 30
Max. Building
Coverage (%) 30
Max. Impervious
Coverage (%) 75 80 85 75 90 85 85
Max. Floor Area
Ratio (FAR) 0.30 .70 1.60 .25 1.60 .80 .80
a 5' setback with wall opening adjacent to rear property line; no setback if no openings in
wall.
b Applies to ground floor only; columns are permitted within the setback. Columns shall not
be greater than 24 inches in diameter; columns on the property line shall not be closer
to each other than 10 feet.
e The frontage requirement does not apply to uses in the SR District.
COMPATIBLE WITH COMPREHENSIVE PLAN.
A proposed Future Land Use Map Amendment is compatible with and advances the goals
and policies contained in the City's Comprehensive Plan. The proposed amendment is
consistent with and supports the following goals and policies:
LAND USE ELEMENT
Goal!
Objective 1.1
To maintain and improve the City's neighborhoods, and the quality
of life of existing and foture residents.
The City shall implement its Future Land Use Plan Map through
its land development regulations. Uses that are inconsistent with
community character as set forth on the Future Land Use Map
shall be eliminated ...
7
POLICY 1.1.2 In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adjacent uses shall be the major
determinant.
PROPOSED FUTURE LAND USE CATEGORY
Mixed-Use Commercial! Residential (Two-Story)
The mixed-use commercial ! residential land use category is intended to provide for
different levels of retail uses, office uses, retail and office services, and residential
dwelling units that is characteristic of a mixed-use commercial/residential development.
For development projects and properties providing retail uses, at a minimum, one floor
must contain residential. For office projects, at a minimum, at least one floor must
contain residential. For retail and office projects, at a minimum, at least one floor must
contain residential. Properties may be with building heights and intensities compatible
with surrounding districts. Building heights shall in no case, exceed two stories in height.
Permitted heights, densities, and intensities shall be set forth as part of a corresponding
use district in the Land Development Code subject to the following maximum levels of
development: maximum building height of two stories.
20-3.1 ZONING USE DISTRICTS AND PURPOSES.
"(A) Zoning Districts Established. In order to implement the intent of this Code and the
city's adopted Comprehensive Plan, the City is hereby divided into twenty-nine (29) zoning use
districts with the symbol designations and general purposes listed below and permitted
uses set forth in Section 20-3.3(D) Standards shall be uniform throughout each zoning use
district. District symbols and names shall be known as:
Symbol
RS-l
RS-2
RS-3
RS-4
RS-5
Rf-6
Rf-9
RM-18
RM-24
RO
LO
MO
NR
SR
GR
TODD (MU-4)
Name
Estate Residential
Semi-Estate Residential
Low Density Single-Family
Single-Family
Single-Family (50' lots)
Townhouse Residential
Two-Family (Townhouse Residential
Low Density Multi-Family Residential
Medium Density Multi-Family Residential
Residential Office
Low-Intensity Office
Medium-Intensity Office
Neighborhood Retail
Specialty Retail
General Retail
Transit-Oriented Development District
(Mixed Use-4)
TODD (MU-5)
TODD (11-4)
TODD (PI)
TODD (PR)
PUD-R
PUD-M
PUD-H
HP-OV
HD-OV
CS-OV
H
Symbol
PI
PR
RECOMMENDATION
8
Transit-Oriented Development District
(Mixed Use-5)
Transit-Oriented Development District
(Light Industrial-4)
Transit-Oriented Development District (Pub-
lic jInstitutional)
Transit-Oriented Development District
(Parks & Recreation)
Planned Unit Development-Residential
Planned Unit Development-Mixed Use
Planned Unit Development-Hospital
Historic Preservation Overlay
Hometown District Overlay
Community Service Overlay
Hospital
Name
Public j Institutional
Parks and Recreation
It is recommended that the amendment set forth above be adopted on final reading and
transmitted to the State.
Attachments:
Draft Ordinances
Staff Reports
DCA Comments
Public Notices
1 ORDINAl~CE NO. _____ _
2
3 An Ordinance amending the City of the South Miami Comprehensive Plan to adopt
4 a new future land use map category titled "Mixed Use Commercial/Residential
5 (Two Story)."
6
7 WHEREAS, the Florida Legislature intends that local planning be a continuous
8 and ongoing process; and
9
10 WHEREAS, Section 163.3191, Florida Statues, directs local governments to
11 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
12 policy guidance for growth and development; and
13
14 WHEREAS, On April 12, 2011, the City Commission held an advertised
15 workshop that initiated various text amendments to the South Miami Comprehensive
16 Plan; and
17
18 WHEREAS, On May 24, 2011, the Local Planning Agency board voted
19 unanimously to defer LPA-ll-018, Mixed Use Commercial/Residential (Two Story)
20 land use category to review the differences between the proposed amendment and
21 previous amendments.
22
23 WHEREAS, On June 21,2011 the Local Planning Agency at its regular meeting
24 and after a public hearing, adopted a motion by a vote of 5 yeas, 1 nay (Dundorf)
25 recommending approval of the proposed "Mixed Use Commercial/Residential (Two
26 Story)" amendment; and
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
30
31 Section 1. The City Commission accepts the aforementioned recommendation of
32 the Local Planning Agency and hereby adopts the following amendment to the
33 Comprehensive Plan Future Land Use Element, new land use map category titled
34 "Mixed Use Commercial/Residential (Two Story)."
35
36
37 Mixed-Use Commercial/Residential (Two-Story)
38
39 The mixed-use commercial/residential land use category is intended to provide for different
40 levels of retail uses, office uses, retail and office services, and residential dwelling units that is
41 characteristic of a mixed-use commercial/residential development. For development projects
42 and properties providing retail uses, at a minimum, one floor must contain residential. For office
43 projects. at a minimum, at least one floor must contain residential. For retail and office projects,
44 at a minimum, at least one floor must contain residential. Properties may be with building heights
45 and intensities compatible with surrounding districts. Building heights shall in no case, exceed
46 two stories in height.
2
1 Pennitted heights, densities, and intensities shall be set forth as part of a corresponding use
2 district in the Land Development Code subject to the following maximum levels of development:
3 maximum building height of two stories,
4
5
6
7 Section 2: Effective Date. This ordinance shall become effective at the
8 Clqliration of ten days after adoption. The effectIve date of this plan amendment, if the
9 amendment is not timely challenged, shall be 31 days after the state land planning agency notifies
10 the local govefIl.ment that the plan amendment package is complete. If timelv challenged, this
11 amendment shall become effective on the date the state land planning agency or the
12 Administration Commission enters a [mal order detennining this adopted amendment to be in
13 compliance. No development orders, development pennits. or land uses dependent on this
14 amendment may be issued or commence before it has become effective. If a final order of
15 noncompliance is issued by the Administration Commission. this amendment may nevertheless
16 be made effective by adoption of a resolution affinning its effective status, a copy of which
17 resolution shall be sent to the state land planning agency.
18
19
20
21 PASSED AND ADOPTED this _ day _____ ,2011
22
23
24
25 ATTEST: APPROVED:
26
27
28
29 CITY CLERK MAYOR
30
31
32 Commission Vote:
33 READ AND APPROVED AS TO FORM Mayor Stoddard:
34 LANGUAGE, LEGALITY AND Vice Mayor Newman:
35 EXECUTION THEREOF Commissioner Palmer:
36 Commissioner Beasley:
37 Commissioner Harris:
38 CITY ATTORNEY
39
STATE Of FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
RfCK 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 (tlle Agency) has completed its review of the proposed South Miami
Comprehensive Plan Amendment II-IESR which was received on August 8, 2011. 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 adversely impacted by the
amendment if it is adopted.
The City is reminded that pursuantto 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 180 days of your receipt of the agency comments,
and the timeframe is not extended by agreement, Section 163.3 I 84(3)(c) I, F.S., provides that the amendment will be
deemed to have been withdrawn. For Y01)r assistance, we have attached procedures for adoption and transmittal of
the comprehensive p Ian amendment.
If you have any questions, please call Caroline Knight, Principal Planner, at (850) 922-1773 or by email:
caroline.knight@dca.state.fl.us.
ir' ~ . ~'D,Q,~
Regional Planning Administrator
JOS/ck
cc: Mr. Christopher Brimo, Director, Planning & Zoning Department, City of South Miami
Mr. James p, Murley, rnterirn Executive Director, South Florida Regional Planning Council
Z5SS SHUMARD OAK BOULEVARD 0
850-488-8466 (p) 0 850-921-0781 (I)
TALLAHASSEE, FL 32399-210!l
o Website: www dca.state.fl.us
o C<?MMUNITY PlANNING 850·488-2356 (p) 850..<188·3309 (t) 0 FLORWA-COMMUNlTIESTRUST 850·922·22(}7 (p) 850-921-1747 (f) 0
o HOUSING AND COMMUNITY DEVELOPMENT 850-48!H956 (p) 8SO~9:22-562S (f) 0
SUBMITTAL OF
ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR EXPEDITED ST ATE REVIEW
Section 163.3184(3), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all
comprehensive plen 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 Department of Agriculture and Consumer Services (county pian amendments only); and the
Department 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 include 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-mail address of local 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-throughlunderline
format.
---::---::-In the case of future land use map amendments, an adopted future land use map, in
color format, clearly depictffig the parcel, its future land use designation, and its adopted
designation,
__ A copy of any data and analyses the local government deems appropriate.
Note: If the loca\ 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 c.hallenged,
shall be 31 days after the state land planning agency notifies the local govemment 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 commence 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 affirming 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 nqt 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
South Miami
2001
CITY OF SOUTH MIAMI
To: Honorable Chair &
Local Planning Agency Members
From: Lourdes Cabrera, LEED AP j A 11-
Actillg Director ;ml
.Planning and Zoning Department
.LPA-ll-018
Applicant: City of South Miami
Date: May 24, 2011
Re:Future Land Use Category
Mixed-Use Commerciai!
Residential (Two-Story)
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 entitled
"Mixed Use-Commercial! Residential (Two Story)."
BACKGROUND AND SUMMARY OF REOUEST
A Comprehensive Plan Future Land Use Map amendment was discussed at a workshop
held by the City Commission on April 12, 2011. At the workshop, during discussion and
further clarification mld inquiries to the Depmtment of Community Affairs (DCA) from
the Planning a11d Zoning Depmtment, indicated that currently, there is not an established
future land use category entitled "Mixed Use Affordable Housing (Two Story)." The
City's adopted EAR based amendments a11d adopted Future Land Use Map does not
show this land use category which was adopted by Ordinance No. 43-10-2068 a11d
submitted as a small scale amendment. Hence, the future la11d use category will be
resubmitted as a Im'ge scale amendment (text and map amendments are large scale
amendments).
On May 9, 2011 the Planning and Zoning Dept., received the attached letter from the
DCA, dated May 4, 2011 that states that the amendment package received on November
1,2010 a11d adopted by Ordinance No. 43-10-2068 on October 19, 2010 fails to qualify
as a small scale development amendment pmsua11t to Section 163.3187(1)(c), Florida
Statues.
As a result, the subject application LPA-ll.018, is a Comprehensive Plan Future Land
Use text mnendment to adopt a new future land use map category entitled "Mixed-Usc
Commercial! Residential (Two-Story)," be used in cases where the building heights
and intensities need to be compatible with similm' uses.
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORlWATION
A change in the Comprehensive Plan Future Land Use Element can be initiated by a
property owner, the Local Planning Agency and the City Commission. An amendment to
the City's Comprehensive Plan document or the future land use map requires the
adoption of an ordinance by the city commission after receiving a recommendation from
the City's Local Planning Agency. Following adoption of the application by the City
Commission, the application package is then submitted to the Florida Department of
Community Affairs (DCA) for review and approval. For additional information on the
process, please refer to line item #8 of the attached Comprehensive Plan 2010 Cycle 2
Chart.
ANALYSIS
NATURE OF THE PROPOSED USE
As per Definitions, Section 20-2.3, of the Land Development Code, Mixed use is defmed
as follows:
Mixed use. Shall mean the use or occupancy of a building or parcel for both
residential and nonresidential purposes.
NEW FUTURE LAND USE CATEGORY
In order to create an appropliate land use category and zoning district that would assist in
implementing the strategy, the Planning and Zoning Department, working with the City
Commission have prepared a new future land use element category which could be
applied to areas that specifically require Mixed-Use Commercial I Residential (Two-
Story). The following parameters were used to develop the category:
1. The new land use category cannot exceed the maximum of two (2) stories.
2. The maximum building height for the new land use. category shall be as per the
following sub-parameters:
a. Compatible with the sUITounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Residential Districts, Section
20-3.5(H) of the Land Development Code;
d. Consistent with the Dimensional Requirements for Non-Residential Districts,
Section 20-3.5(0) of the Land DeVelopment Code;
3. The maximum density for the new land use category shall be as per the following
sub-parameters:
a. Compatible with the surrounding and abutting properties and· immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
Page 2 of7
c. Consistent with the Dimensional Requirements for Residential Districts; Section
20-3.5(H) of the Land Development Code;
d. Consistent with the Dimensional Requirements for Non-Residential Districts,
Section 20-3.5(0) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20-3.5(ffi
REOUIREMENT
Min.l&t Sip
NotAre!f. (.sq. ft.)
]1'r()l1tgge (ft.)
Mill, Yard SethAcks (ft.)
Jl!:rurt.
Rear
Side (Imerim")ft
Side (Str@t)
Max. Building Height
Storill.'i
Peet
Fur structure 121 or
less In 11<l'lgllt. at ,
me3S'qTs.d from tIle
fil"St Doar finighed
floor ehwati!tn
Portion ot
nellctum ahove l:lf
ltifib 1IS measuwt
trum tbe tint iJpor
fiI)!sbed floor
e!e.vRtion
Max. Buildlng Covenlge (%) First nClOt
Max.lmperviollS" Coverage (%t
MaL Floar Area Ratio (am) Secnnd floo!,
RS.1 W
~ ~
ill l!lll
5b 35
.l:i ~
Rei'ertp Iabt@l
Rder to Table 1
at! 1Ji.
• z
~ ~
Re[eI!f) Table2
Bille!: tG TaMe 2
B~er to Table-~
US·, W RS..s
16.000 0.003 iiJ)J)J!
1ft Ill! Ill!
~ ~ ~
.l:i ~ ~
1ft 15 1ft
~ a a
Z5 ~ Z5
a Cunmlat!ye widtb of both sid. y.rd •• han be DOtless than eO percent of total lot width.
Page 3 of7
EXCERPT FROM LAND DEVELOPMENT CODE, SECTION 20-3.5fG)
Section 20-3.5G
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIREMENT RO LO MO NR SR GR I
Min. Lot Size
Net Area (sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000
Frontage (ft) 75 75 100 75 50' 100 50
Min. Setbacks (ft.)
Front 25 20 15 b 25 lOb 20 20
Rear 20 15 10 15 10 15. a
Side (lnterior) 10 10 0
Side (Street) 20 15 10 15 lOb 15 15
Adj. Res. Dist. 25 25 25 25 25 25 25
Side (w/driveway) 20 20 20 20 20 20 20
Between Buildings 20 20 20
Max. Building Height
Stories 2 2 4 2 4 2 2
Feet 25 30 50 25 50 30 30
Max. Building
Coverage (%) 30
Max. Impervious
Coverage (%) 75 80 85 75 90 85 85
Max. Floor Area
Ratio (FAR) 0.30 .70 1.60 .25 1.60 .80 .80
R 5' setback with wall opening adjacent to rear property line; no setback if no openings in
wall.
b Applies to ground floor only; columns are permitted within the setback. Columns' shall not
be greater than 24 inches in diameter; columns on the property line shall not be closer
tc each other than 10 feet.
C The frontage requirement does not apply to uscs in the SR District.
Page 4 of7
COMPATIBLE WITH COMPREHENSIVE PLAN.
A proposed Future Land Use Map Amendment is compatible with and advances the goals
and policies ccmtained in the City's Comprehensive Plan. The proposed amendment is
consistent with fu'1d supports the followiug goals and policies:
LAND USE ELEMENT
Goal 1 To maintain and improve the City~~ neighborhoods, and the quality
of life of existing and future residents.
Objective 1.1 The City shall implement its Future Land Use Plan Map through
its land development regulations. Uses that are inconsistent with
community character as set forth on the Future Land Use Map
shall be eliminated ...
POLICY 1.1.2 In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adjacent uses shall be the major
determinant.
PROPOSED FUTURE LAND USE CATEGORY
Mixed-Use Commercial/Residential !Two-Story)
The mixed-use commercial ! residential land use category is intended to provide for
different levels of retail uses, office uses, retail and office services, and· residential
dwelling units that is characteristic of a mixed-use commercial! residential development.
For development projects and propelties providing retail uses, at a minimum, one floor
must contain residential. For office projects, at a miuimum, at least one floor must
contain residential. For retail and office projects, at a minimum, at least one floor must
contain residential. Properties may be with building heights and intensities compatible
with surrounding districts. Building heights shall in no case, exceed two stories in height.
Permitted heights, densities, and intensities shall be set forth as prot of a corresponding
use district in the Land Development Code subject to the following maximum levels of
development: maximum building height of two stories.
Page 5 of7
20-3.1 ZONING USE DISTRICTS AND PURPOSES.
"(A) Zoning Districts Established. In order to implement the intent of this Code and the
city's adopted Comprehensive Plan, the City is hereby divided into twenty-nine (29) zol"Jng use
districts with the symbol designations and general purposes listed below and permitted
uses set forth in Section 20-3.3(D) Standards shall be uniform throughout each zoning use
district. District symbols and names shall be known as:
Symbol
RS-l
RS-2
RS-3
RS-4
RS-5
Rr-6
Rr-9
RM-18
RM-24
RO
LO
MO
NR
SR
GR
TODD (MU-4)
TODD (MU-5)
TODD (LIA)
TODD (PI)
TODD (PR)
PUD-R
PUD-M
PUD-H
HP-OV
HD-OV
CS-OV
H
Symbol
PI
PR
Name
Estate Residential
Sewj-Estate Residential
Low Density Single-Family
Single-Family
Single-Family (50' lots)
Townhouse Residential
Two-Family/Townhouse Residential
Low Density Multi-Family Residential
Medium Density Multi-Family Residential
Residential Office
Low-Intensity Office
Medium-Intensity Office
Neighborhood Retall
Specialty Retail
General Retail
Transit-Oriented Development District
(Mixed U se-4)
Transit-Oriented Development District
(Mixed Use-5)
Transit-Oriented Development District
(Light Industrial-4)
Transit-Oriented Development District (Pub-
lic /Institutional)
Transit-Oriented Development District
(Parks & Recreation)
Plarmed Unit Development-Residential
Planned Unit Development-Mixed Use
Planned Unit Development-Hospital
Historic Preservation Overlay
Hometown District Overlay
Community Service Overlay
Hospital
Name
Public/Institutional
Parks and Recreation
Page 60f7
RECOMMENDATION
It is recommended that the text of the Comprehensive Plan Future Land Use Element be
amended by approving the new future land use map category entitled "lVlixed Use-
Commercial/Residential (Two Story)." (Exhibit A) category is the proposed future
land use map amendment. If the attached land use category is approved and 'adopted by
the City Commission, the City can then proceed to change the Future Land Use Map by
applying this category over designated propelties.
Attachments:
Exhibit A
Cycle Chart
DCA Letter, dated May 4, 2011
Ordinance No. 43-10-2068
Public Notices
LCHY:\PBIPB Agendas Staff RepOIts\20 1 1 Agendas StaffReports\5-24-11\LPA-l1-018IPB-11-
018 FLUM Mixed Use (Two-Story).doc
Page 7 of7
EXHIBIT "A"
Proposed Amendment
South Miami Comprehensive Plan
Chapter 1 Future Land Use Element
FUTURE LAND USE MAP CATEGORY
Mixed-Use Commercial/Residential (Two-Story)
The mixed-use commercial/residential land use categorv is intended to provide for
different levels of retail uses, office uses, retail and office services, and' residential
dwelling units that is characteristic of a mixed-use commercial/residential development
For development projects and properties providing retail uses, at a minimum, one floor
must contain residential. For office projects, at a minimum, at least one floor must
contain residential. For retail and office projects, at a minimum, at least one floor must
contain residential. Properties may be with building heights and intensities . compatible
'. with surrounding districts. Building heights shall in no case, exceed two stories in height.
Permitted heights, densities, and intensities shall be set forth as part of a corresponding·
use district in the Land Development Code subject to the following maximum levels of
development: maximum building height of two stories.
LCHY:IPBIPB Agendas Staff Reportsl20 II Agendas Staff ReportsI5-24-IIILPA-II-OI8IPB-II-
018 Exhibit A Mixed Use.doc
STATE OF FLORIDA
DEPARTMENT Of COMMUNITY AffAIRS
"Dedicated to making Florida a better place to call home"
RICK SCOTT
Govemor
Mr. Thomas J. Vagelinc, Director
Planning & Zoning Deprutment
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
May 4, 2011
Bill Y BUZZETT
Secretary
RE: City of South Miami. Adopted Small Scale Amendment; DCA No. 10S07
Dear Mr. Vagclinc:
We have received an adopted small scale development runendment as submitted with
your letter dated October 29, 2010. The amendment package was received on November 1, 2010
and adopted by Ordinance No. 43-10-2068 on October 19,2010. The amendment fails to
qualifY as a small scale development amendment pursuant to Section 163.3187(1)( c), Fl9rida
Statutes, for the reason indicated below.
It has been brought to the Department's attention that the amendment contains a text
change. Please disregard the acknowledgement letter sent to you dated November 2, 2010. The
City attempted to amend the text of the South Miami Comprehensive Plrul by amending the
Comprehensive Plan Future Lruld Use Element in order to adopt a new future land use map
category entitled Mixed Use Affordable Housing (Two Story) which would be considered a text
amendment. Section 163.3187(1)(c)1.d, F.S states: The proposed amendment does not involve a
text change to the goals, policies, and objectives of the local government's comprehensive plan,
but only proposes a land use change to the future land use map for a site-specific small scale
development activity.
TIle Department is returning the adopted amendment package because the runendment
does not qualifY as a small seale development amendment. The City should rescind, and .
resubmit the amendment with its next proposed large scale amendment cycle pursurul! to Section
163.3184, Florida Statutes and Rule 9J-II.006, Florida Administrative Code.
If you believe thatthe amendment does meet the requirements of Section 163.3187(1)(c),
F .S., please send a letter to the Department identifying this infornlation.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FL 32399·2100
850~488~8466 (p) ~ 850~921-0781 (f) ~ Website: :~!L\~~,,'JY,"\sL9)k,,",~)j.G,jJ..§. ... iLJL0.
~ COMMUNITY PLANNING 850-4S8-2356(p) 850-488-3309 (f) .. FLORIDA COMMUNrrlES TRUST 850-922-2207 (p) 650-92H747 (t) ~
• HOUSING AND COMMUNITY DEVELOPMENT 85D..<11l8"79% (P) 850-922.-5623 If) i>
Mr. Thomas Vageline
May 4, 2011
Page 2
If you have any questions, please feel free to contact Ray Eubanks of my staff at (850)
922-1767. Thank you for your assistance in this matter.
Mike McDaniel, Chief
Office of Comprehensive Planning
DRE/ls
Enclosure
cc: B. Jack Osterholt, Interim Director, South Florida Regional Planning Council
1
ORDINANCE NO. 43-10-2068
An Ordinance of the Mayor and City Commission of the City of Sonth Miami
Florida, amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use map category from Mixed-Use Commercial
Residential (Four Story) to Mixed Use-Affordable Housing (Two Story) for an area
",,'.1
identified as a part oftbe proposed Madison Square Development Projel!t generally
located at the southeast corner of SW 64th Street and SW 60th Avenue and the
southeast corner of SW 64th Street and SW 59th Place including properties more
specifically legally described in Section 1 of this ordinance; providing for
severability; providing for ordinances in conflict; and providing an effective date.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statutes, directs local govemments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth and development; and
WHEREAS, The Planning and Zoning Department working with the Community
Redevelopment Agency (CRA) prepared a new Future Land Use Map Category which
could meet the needs of the Madison Square Project and the concerns expressed by
Commissioners and other residents; and
WHEREAS, the City Commission on October 5, 2010 adopted an ordinance
creating a Future Land Use Map category entitled Mixed Use-Affordable Housing (Two
Story) which can be applied over CRA properties which are part of the Madison Square
Development Project; and
WHEREAS, the Planning and Zoning Department at the request of the City
Commission and working with the CRA prepared a proposed amendment to the Future
Land Use Map which places the Mixed Use-Affordable Housing (Two Story) future land
use category on all properties which are part of the Madison Square Development
Project; and
WHEREAS,· the Local Planning Agency (Planning Board) at its meeting on
October 4, 2010 after public hearing, adopted a motion by a vote of 4 ayes and 2 nays
recommending that the above described Future Land Use Map amendment should be
approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency and enact the aforesaid amendment.
Ord. No. 43-10-2068 2
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
. Section 1. The City Commission hereby approves a Future Laud Use Map
Amendment chauging the future laud use map category from Mixed-Use Commercial
Residential (Four Story) to Mixed Use-Affordable Housing (Two Story) for all properties
identified as a part of the proposed Madison Square Development Project generally
located at the southeast comer ofSW 64th Street and SW 60th Avenue aud the southeast
corner of SW 64th Street aud SW 59th Place more specifically legally described as:
FOLIO ADDRESS
09-4025-010-0010 5978 SW64 ST
09-4025-010-0030 6415 SW 60 AVE
09-4025_010-0040 6429 SW 60 AVE
09-4025-010-0020
09-4025-010-0140
09-4025-010-0160 6420SW59 PL
09-4025·010-0170
09-4025·010-0180 6442SW59 PL
09-4025-010-0280 6401 SW59 PL
09-4025-010-0270 5944 SW64 ST
09-4025-01 0-0290 6411 SW 59 PL
09-4025-010-0300 6415 SW 59 PL
09-4025-010-0310
Section 2. A proposed Future Laud Use Map Arllendment to Mixed Use-
Affordable Housing (Two Story) is for the purpose of development of affordable housing
aud thereby qualifies as a Small Scale Amendment pursuaut to FL. Stat. 163.3187(1) (c).
Section 3. All ordinances or parts of ordinauces in conflict with the provisions of
this ordinauce are hereby repealed.
Section 4. If auy section, clause, sentence, or phrase of this ordinauce is for auy
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this ~ day of October, 2010
ATTEST: APPROVED:
;~~,~~.
22 CITY CLERK 7
Ord. No. 43-10-2068
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PROVED AS TO FORM
IENCY:
CITY ATTORNEY
3
1" Reading: 10/5/10
2nd Reading 10/19/10
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
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44 X:\Comm Items\201O\lO·5-1O\Comp Plan FLUM Amend Madison Sq IOrd.doc
4-1
Yea
Yea
Nay
Yea
Yea
To:
Via:
From:
Date:
Subject
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor Stoddard and Members of the City
Commission
Hector Mirabile, Ph.D., City Manager
Thomas J. Vageline, Director
Planning and Zoning Departmen
October 19, 2010
REVISED ,r
ITEM No.--,,-;.J=---,_
An Ordinance of the Mayor and City Commission of the City of Sonth Miami
Florida, amending the Fnture Land Use Map of the Sonth Miarui Comprehensive
Plan by changing the future land use map category from Mixed-Use Commercial
Residential (Four Story) to Mixed Use-Affordable Housing (Two Story) for an area
Identified as a part of the proposed Madison Square Development Project generally
located at the southeast corner of SW 64th Street and SW 60th Avenue and the
southeast corner of SW 64th Street and SW 59th Place including properties more
specifically legally described in Section 1 of this ordinance; providing for
severability; providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REOUEST
The subject application is a Comprehensive Plan Future Land Use Map amendment
being initiated by the City (Local Planning Agency). The amendment proposed is a the
result of a request from the City Commission to place a new Future Land Use Map
category over the properties which are part of the Madison SqUare Development Project
The Madison Square Development site now includes a total of 13 properties owned by
the CRA which are desigoated Mixed Use Commercial Residential (Four story) on the
. future land use map. The appropriate Future Land Use Map Category for all of the
properties will be the Mixed Use-Affordable Housing (Two Story). This new Future
Land Use Category was adopted and placed in the Comprehensive Plan by the City
Commission at the October 5, 2010 meeting.
This report will specifically deal with the 13 properties which are facing and south of
SW 64 Street.
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMAlION
A change in the Comprehensive Plan Future Land Use Map can be initiated by a property
owner, the Local Planning Agency and the City Commission. An amendment to the
City's Comprehensive Plan Document or the Future Land Use Map requires the adoption
of an ordinance by the City Commission after receiving a recommendation from the
2Q01
2
City's Local Planning Agency (planning Board). Following adoption of the application
by the City Commission (second reading of the ordinance) the application package is
then submitted to the Florida Department of Community Affairs (DCA). The amendment
for Madison Square qualifies as a small-scale amendment in that it involves the
development of affordable housing (FL Stat, 163.3187( c)(1). The amendment will be sent
to the Florida Department of Community Affuirs. However, DCA will not review or
comment upon the application unless a compliance protest is filed within a specified time
period.
The review process for a Comprehensive Plan Future Land Use Map amendment differs
from the process used to review zoning district changes, variances, and site plans. A
future land use map amendment review is concerned with the following hasic issues: 1)
compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed
density and height to the limits contained in the Plan and to the immediate neighborhood;
3) impact of the proposed use on the City's infrastructure; and 4) is the amendment
compatible with and does it advance the City's objectives and policies contained in the
Comprehensive Plan.
LEGISLATIVE BACKGROUND
The final adoption of the Comprehensive Plan Evaluation and Appraisal Report Based
Text Amendments was first approved by the City in August 2007 and sent to DCA. The
docmnent adopted in 2007 contained the proposed Future Land Use Category entitled
"Neighborhood CenterlMixed Use District (Four Story)" which was to be used for the
Madison Square project area. It proposed that the development allowed could have 60
units per acre, four stories and a 2.0 floor area ratio. The Florida Department of
Community Affairs (DCA) in January 2008 did approve Evaluation and Appraisal Report
Based Text Amendments with some minor changes and advised the City that it must
adopt the report by ordinance on final second reading.
The City Commission tried on several occasions in 2008-2009 to formally adopt the
second reading ordinance for the amendments. The primary reason for the delay was a
disagreement on the standards and applicability of the proposed Future Land. Use
Category ''Neighborhood CenterlMixed Use District (Four Story)" to the Madison
Square project area. The City Commission in July 2009 removed the proposed future land
use category from its own Evaluation and Appraisal Report Based Text Amendments
(Ord. No.13-09-2005). In 2010 the Commission then proceeded to adopt the entire report
(Oro. No. 09-10-2034). The Evaluation and Appraisal Report Based Text Amendments
was found sufficient by the Florida Department of Community Affairs in June, 2010.
PROPOSED FUTURE LAND USE MAP AMENDMENT
The Planning and Zoning Department working with the CRA staff and Commissioner
Beasley prepared a new Future Land Use Category which could meet the needs of the
Madison Square Project and the concerns expressed by Commissioners and other
3
residents. The attached "Mixed Use-Affordable Housing (Two Story)" (Exhibit A)
category is the proposed future land use map amendment for Madison Square.
The new land use category incorporates the two basic objectives of the project, affordable
housing and a mix of businesses serving the community. These elements put together are-
mixed use and will form a neighborhood center. The density of commercial development
is half (0.80 floor area ratio) of what is allowed in the current land use category. The
residential density remains at 24 units pel' acre which is the maximum permitted by the
current land use category. The maximum height permitted by the new land use category
is two stories which is compatible with abutting properties. The housing type should be
clearly defined as affordable housing.
SUMMARY OF MADISON SOUARE PROJECT SITE
The Madison Square project will be implemented on 13 lots acquired by the Community
Redevelopment Agency during the period 2006-2010. The project will be built on 1.25
acres. The overall goal of the project is to provide a maximum number affordable
housing units in a mixed used complex with compatible retail and office uses.
Parcels Comprehensive Plan Land Development Code Actual Uses
Exlstin.g Land Use Existing Zoning District
Category
North Single Family Res. (two story) CS·OV Community Service Single family homes; vacant
overJay Jots
RS·3, RS4 Single Family Res.
East Single Family Res. (two story) NR Neighborhood Retaii Single fumily homes; vacant
lots
South Su>gle Family Res. (two story CS·OV Community Service Single family homes; vacant
overlay; RS4 Single Family lots
Res. And NR, Neighborhood
Retail
West Single Family Res, (two RS-4 Single Family Res. SingJe family homes; vacant
story) lots
1. Compatibility of Use: The project abuts single family homes on all sides. The use of
property as a mixed use town center with affordable housing units with the building
height limited to two stories will be compatible with surrounding single family
neighborhood.
2. Impact on Public Facilities: An important element of a future land use map
amendment is to assess the impact of the change on the public infrastructure serving
4
the site. This includes the impact (Plus or minus) of the proposed change in land use
for parks, potable water, sewers, schools, roadways, storm water and solid waste. The
Planning and Zoning Department has prepared a comparative chart demonstrating the
projected impact on public facility capacities of the subject land use change. 1bis data
report is attached. Based upon this review there is no change in the impact on public
facilities due to the proposed change in the Future Land Use Map for this location.
4. Compatible with Comprehensive Plan.
A proposed future Land Use Map Amendment is compatible with and advances the
goals and policies contained in the City's Comprehensive Plan. The proposed
amendment is consistent with and supports the following goals and policies:
LAND USE ELEMENT
Goal! To maintain and improve the City's neighborhoods. and the quality of Ufo
of existing and foture residents.
Objective 1.1
Policy 1.1.2
The City shall implement its Future Land Use Plan Map through
its land development regulations. Uses that are inconsistent with
community character as set forth on the Future Land Use Map
shall be eliminated ...... .
In reviewing proposed amendments to this plan and the Zoning
Map. compatibility with adjacent uses shall be the major
determinant.
HOUSING ELEMENT
Objective 1.3 The City and its Community Redevelopment Agency shall continue
to coordinate with publzc and private agencies to meet the
affordable housing needs of low and moderate income residents
through the implementation of specific programs. in accordance
with adopted plans.
Policy 1.3.3 The City's Community Redevelopment Agency will implement its
New Housing Program in order to provide for the construction of
affordable housing units in accordance with its adapted
Redevelopment Plan.
MURE REZONING
The approval of the ·proposed Fu~e Land Use Map amendment is a pre-requisite for a
future zoning district change, which will implement the Future Land Use Category. The
current zoning district of "NR" Neighborhood Retail, will be changed to a new zoning
use district which reflects the requirements of the Mixed Use-Affordable Housing (Two
Story)" future land use category. The new zoning district entitled. "MU-AH:" Mixed Use-
5
Affordable Housing (Two Story) Zoning Use District was approved on second reading at
the City Connnission meeting on October 5, 2010 and is now part of the Land
Development Code.
PLANNING BOARD ACTION
The Planning Board (Local Planning Agency) after public hearing on October 4, 2010
adopted a motion by a vote of 4 ayes and 2 nays (Ms. Beckman, Ms. Young)
recommending approval ofthe proposed land use map change.
RECOMMENDATION
The proposed land use amendment is needed in order to implement the Madison Square
project. It is recommended that the proposed Comprehensive Plan Future Land Use Map
(FLUM) amendment from the Mixed·Use Commercial Residential (Four Story) to Mixed
Use-Affordable Housing (Two Story) for all of the properties listed in the attached
ordinance be approved on second reading. .
Attachments:
Exhibit A
Draft Ordinance
FLUM Impact Analysis
Location map.
Planning Department Staff report 10-4-10
Local Planning Agency 10-4-10
Public NOlices
TJV/SAY
X:\Comm Items\20 JO\lO*! 9·10\Comp Plan PLUM Amend Madison Sq I eM Report.doc
EXHIBIT "A"
Proposed Amendment
South Miami Comprehensive Plan
Chapter 1 Future Land Use Element
FUTURE LAND USE MAP CATEGORY
Mixed Use-Affordable Housing (Two Story)
The Mixed Use-Affordable Rousing future land use map category is intended to
allow for a mixed use project which combines special housing (defined as affordable
housing) and a compatible mix of retail, office, business or professional services and
cultural/entertainment in a unified cohesively designed development. Such
. developments shall respect the existing street grid .by including mnltiple parcels on
. adjacent blocks including those bisected by public rights-of-way.
Permitted heights, densities, and intensities shall be set forth as part of a
corresponding zoning use district in the Land Development Code subject to the
following maximum levels of development: minimum lot size of 1.0 acre, maximum
building height of two stories, maximum F.A.R. of 0.80, maximum residential
density of 24 units/acre.
The affol:dable housing component shall occupy a minimum of 75% of the gross
flool: area of the development (excluding paddng). Residential uses may be located
on any floor, while retail, office, business or professional services and cultural/
entertainment uses shall be restl:icted to the ground floor.
For the purpose of this Futul:e Land Use Map category the residential component ot
a developments shall be limited to housing units which service the low to moderate
income segment ofth", affordable housing group as dermed by the U.s. Department
of Rousing and Urban Development.
X:IPBIPB Agendas Stl1ff Reports\2010 Agendas Staff Rep0r!S\8-31.IOIPB·I0-023 E><hibit A FLUM MU-AH
(201O).doc
FUTURE LAND USE MAP AMENDMENT
IMPACT ANALYSIS
Madison Square (north portion)
sw q4th Street @ SW 60 Avenue
1.25 acres
Future Land Use Map (FLUM) change propo.sed
Fro.m: Mixed-Use Co.mmercial Residential (Fo.ur Sto.ry)
To.: Mixed Use-Affo.rdable Ho.using (Two. Story)
Residential density
Fro.m: 24 dwelling units per acre
.J 0: 24 dwelling units per acre
'Difference: No. change
Levels of Service (LOS)
Recreation
Po.pulation per dwelling unit established in 2000 Census as
2.5 peo.ple per dwelling unit
1.25 acres x 24 dulac x 2.5 people per dwelling unit = 75 people
Recreation LOS = 1 acre of land per 1,000 po.pulation
75 peo.ple will require an additio.nal 0.30 acres of Recreation land
The City has an excess o.f Recreatio.n land of more than 8 acres.
Difference: Both have the same impact·
Potable Water
75 additio.nal people @ 155 gallons/capita/day:= 11,625 gallo.ns per day
Difference: Both have the same impact
Sanitary SewerlSeptic Tank
Co.unty System or septic tank if County not available
(Pump station no. 177 presently o.ver capacity until mid 2011)
Difference: Bo.th have the same impact.
Solid Waste
75 additional peo.ple
At 7 pounds o.f so.lid waste/capita/day '" 525 pounds per day
Difference: Both have the same impact.
Sto.rm Water Drainage
No. net increase in runoff permitted
Difference: Both have the same impact.
Transportation
The entire City is within a Transportation Concurrency Exemption Area
Difference: Bo.th have the same impact
Summary
There is no. change in the impact due to the proposed change in the Future Land
Use Map fo.r this Io.catio.n.
Z:\Comprehensive PlanlSmall scale amendmentsllmpact Madison Square north.doc
City of South Miami
P8-10-032 Future Land Use Map Change
Mixed Use Commercial Residential (Four Story) to Mixed Use-Affordable Housing(Two Stu. y,
Madison Square Development Project w~ ~E
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To: Honorable Chair &
Local Planning Agency Members
From: Thomas J. Vageline, Director ,Q)
Planning and Zoning Department f!!!.Y
PB-l0"032
Applicant: City of South Miami
South Miami
2001
Date: October 4, 2010
Re: Comprehensive Plan
FLUM Amendment
Madison Square I
Ao Ordinance of the Mayor and City Commission of the City of South :Miami
Florida; amending the Future Land Use Map of the South :Miami Comprehensive
Plan by changing the future land use map category from Mixed-Use Commercial
Residential (Four Story) to Mixed Use-Affordable Housfug (Two Story) for an area
identified as a part of the proposed Madison Square Development Project generally
located at the southeast corner of SW 64th Street and SW 60th Avenue and the
southeast corner of SW 64th Street and SW 59th Place including properties more
specifically legally described in Section 1 of this ordinance; providing for
severability; providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Map amendment
being initiated by the City (Local Planning Agency). The amendment proposed is the
result of a request from the City Commission to place a new Future Land Use Map
category over the properties which are part of the Madison Square Development Project.
It is anticipated that the new Future Land Use Category will be adopted and placed in the
Comprehensive Plan by the City Commission at its Qctober 5, 2010 meeting.
The Madison Square Development site includes properties that currently have two
different Future Land Use Map designations. A total of 13 properties owned by the CRA
have the Mixed Use Commercial Residential (Four Story) future land use map category.
Ao abutting 5 properties also owned by the CRA have the Single-Family Residential
(Two Story) future land use map category. The appropriate Future Land Use Map
Category for all of the properties will be the Mixed Use-Affordable Housing (Two
Story) •.
This report will specifically deal with the 13 properties which are fucing and south of
SW 64 Street.
2
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION
A change in the Comprehensive Plan Future Land Use Map can be initiated by a property
owner, the Local Planning Agency and the City Commission. An amendment to the
City's Comprehensive Plan Docmnent or the Future Land Use Map requires fue adoption
of an ordinance by the City Commission after receiving a recommendation from the
City's Local Planning Agency (planning Board). Following adoption of fue application
by fue City Commission (second reading of the ordinance) the application package is
then submitted to fue Florida Department of Community Affuirs (DCA). The amendment
for Madison Square qualifies as a small-scale amendment in that it involves the
development of affordable housing (FL Stat, 163.3187( c)(1). The amendment will be sent
to the Florida Department of Community Affairs. However, DCA will not review or
comment upon the application unless a compliance protest is filed within a specified time
period.
The review process for a Comprehensive Plan Future Land Use Map amendment differs
from the process used to review zoning district changes, variances, and site plans. A
future land use map amendment review is concemed with the following basic issues: 1)
compatibility of fue proposed use wifu surrounding uses; 2) compatibility of the proposed
density and height to fue limits contained in the Plan and to the immediate neighborhood;
3) impact of the proposed use on the City's infrastructure; and 4) is the amendment
compatible with and does it advance the City's objectives and policies contained in the
Comprehensive Plan.
LEGISLATIVE BACKGROUND
The final adoption of the Comprehensive Plan Evaluation and Appraisal Report Based
Text Amendments was first approved by the City in August 2007 and sent to DCA. The
docmnent adopted in 2007 contained the proposed Future Land Use Category entitled
"Neighborhood CenterlMixed Use District (Four Story)" which was to be used for the
Madison Square project area. It proposed that the development could have 60 units per
acre, four stories and a 2.0 floor area ratio. The Florida Department of Community
Affairs (DCA) in January 2008 did approve the Evaluation and Appraisal Report Based
Text Amendments with some minor changes and advised the City that it must adopt th~
report by ordinance on final second reading.
The City Commission tried on several occasions in 2008-2009 to formally adopt fue
second reading ordinance for the amendments. The primary reason for the delay was a
disagreement on the standards and applicability of the proposed Future Land Use
Category "Neighborhood Center/Mixed Use District (Four Story)" to the Madison
Square project area. The City Commission in July 2009 removed the proposed future land
use category from its own Evaluation and Appraisal Report Based Text Amendments
(Ord. No.13-09-2005). In 2010 the Commission then proceeded to adopt the entire report
(Ord. No. 09-10-2034). The Evaluation and Appraisal Report Based Text Amendments
was found sufficient by the Florida Department of Community Affairs in June, 2010.
3
PROPOSED FUTURE LAND USE MAP AMENDMENT
The Planning and Zoning Department working with the CRA staff and Commissioner
Beasley prepared a new Future Land Use Category which could meet the needs of the
Madison Square Project and the concems expressed by Commissioners and other
residents. The fullowing parameters were used to develop the category. The attached
"Mixed Use-Affordable Housmg (Two Story)" (Exhibit A) category is the proposed
future land use map amendment for Madison Square. If the attached land use category is
adopted by the City Commission, the City can then proceed to change the Future Land
Use Map by applying this category over the Madison Square project.
The new land use category incorporates the two basic objectives of the project, affordable
housing and a mix of businesses serving the community. These elements put together are
mixed use and will form a neighborhood center. The density of commercial development
is half.(0.80 floor area ratio) of what is allowed in the current land use category. The
residential density remains at 24 units per acre which is the maximum permitted by the
current land use category. The maximum height permitted by the new land use category
is two stories which is compatible with abutting properties. The housing type should be
clearly defined as affordable housing.
SUMMARY OF MADISON SOUARE PROJECT SITE
The :M:adison Square project will be implemented on 18 lots acquired by the Community
Redevelopment Agency during the period 2006-2010. The project will be built on 1.92
acres all of which are currently vacant. The overall goal of the project is to provide a
maximum number of affordable housing units in a mixed used complex with compatible
, retail and office uses.
Parcels Comprehensive Plan Land Development Code Actual Uses
Existing Land Use Existing Zoning District
Category
North Single Family Res. (two story) cs-ov Community Service Single family homes; vacant
overlay lots
RS.3, RS-4 Single Family Res.
East Single Family Res. (two story) NR Neighborhood Retail Single family homes; vacant
lots
South Single Family Res. (two story CS-OV Community Service Single family homes; vacant
overlay; RS-4 Single Family lots
Res. And NIt, Neighborhood
Retail
West Single Family Res, (two RS-4 Single Fainily Res. Single family homes; vacant ,
story) . lots
4
1. Compatibility of Use: The project abuts single family residential on all sides. The
use of property as a mixed use town center with affordable housing units with the
building height limited to two stories will be compatible with the surrounding single
family neighborhood.
2. Impact on Public Facilities: An impOltant element of a future land use map
amendment is to assess the impact of the change on the public infrastructure serving
the site. This includes the impact (plus or minus) of the proposed change in land use
for parks, potable water, sewers, schools, roadways, and solid waste. The Planning
and Zoning Department is currently preparing a comparative chart demonstrating the
projected impact on public facility capacities of the subject land use change. This data
report is required to be included in the submittal package that goes to the Department
of Community Affairs. The report wJ11 require consultation with public facility
engineers to complete. The data chart will be ready to be included in the City
Commission agenda package at the October 19, 2010 Commission second
reading/public hearing on the amendment It can be assumed that based upon the
reduction in density, units per acre and building height of the new future land use
category, the impact on public facility capacities will be significantly lower than
under the current future land use category.
3. Compatible with Comprehensive Plan.
A proposed Future Land Use Map Amendment is compatible with and advances the
goals and policies contained in the City's Comprehensive Plan. The proposed
amendment is consistent with and supports the following goals and policies:
LAND USE ELEMENT
Goal 1 To maintain and improve the City's neighborhoods, and the quality of lifo
of existing and future residents.
Objective 1.1
Policy 1.1.2
The City sktll implement its Future Land Use P Zan Map through
its land development regulations. Uses that are inconsistent with
community cktracter as set forth on the Future Land Use Map
shall be eliminated ...... .
In reviewing proposed amendments to this plan and the Zoning
Map, compatibility with adJacent uses shall be the maJor
determinant.
HOUSING ELEMENT
Objective 1.3 The City and its Community Redevelopment Agency shall continue
to coordinate wlth public and private agencies to meet the
affordable housing needs of low and moderate income reSidents
through the impll;mentation of specific programs, in accordance
with adopted plans.
Policy 1.3.3
5
The City's Community Redevelopment Agency will implement its
New Housing Program in order to provide for the construction of
affordable housing units in accordance with its adopted
Redevelopment Plan.
FUTURE REZONING
The approval of the proposed Future Land Use Map amendment is a pre-requisite for a
future zoning district change, which will implement the Future Land Use Category. The
current zoning district of "NR", Neighborhood Retail, will be changed to the new zoning
district also entitled "MU-AH" Mixed Use-Affordable Housing (Two Story) Zoning Use
District which is set for approval on second reading at the City Commission meeting on
OctoberS, 2010.
RECOMMENDATION
The proposed land use map amendment is needed in order to implement the Madison
Square project. It is recommended that the proposed Comprehensive Plan Future Land
Use Map (FLUM) amendment from the Mixed-Use Commercial Residential (Four Story)
to Mixed Use-Affordable Housing (Two Story) for all of the properties listed in the
attached ordinance be approved.
Attachments:
Exhibit A
Draft Ordinance,
Location map.
Public Notices
TN/SAY
X:\Conun Items\2010\10..s~1O\Comp Flan FLUM Amend Madison Sq I CM Report.doc
CITY OF SOUTH MIAMI
LOCAL PLANNING AGENCY
Regular Meeting
Excerpt Meeting Minutes
Monday, October 4, 2010
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:51 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Beckman, Mr. Morton, Mrs. Yates, Mr.
Farfan, Mrs. Young, Mr. Whitman. Board members absent: Mr. Cruz.
City staff present: Thomas J. VageJine (Planning & Zoning Director), Sanford A. Youkilis
(pJanning & Zoning Consultant), Lourdes Cabrera-Hemandez (Principal Planner) and Marcus
Lightfoot (Permit Facilitator).
City Attorney: Mr. Goldstein
III. Administrative Matters:
Mr. Vageline informed the Board that there was an e-mail sent out to cancel the October 12,
2010 meeting to be rescheduled for the October 18,2010.
IV. Planning Board ApplicationslPublic Hearings
PB-10-032
Applicant: City of South Miami
An Ordiuance of the Mayor and City Commission of the City of South Miami Florida,
am ... nding the Future Land Us ... Map of the Sonth Miami Comprehensive Plan by changing
the future land use map category from Mixed-Use Commercial Residential (Four Story) to
Mixed Use-Affordable Housing (Two Story) for an area identified as a part of the proposed
Madison Square Development Project generally located at the southeast cornel' of SW 64th
Local Planning Agency
October 4, 2010
: Page20f6
Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th
. Place including properties more specifically legally described in Section 1 of this ordinance;
providing for severability; providing for ordinances in conflict; and providing an effective
date.
Action: Mrs. Yates read the item into the record.
Mr. Youkilis informed the Board that the fIrst item is the change of the Land Use Category on an
area that is City owned property, owned by the Commnnity Redevelopment Agency (CRA), that
will be used for the Madison Square project. The area had to be divided into two sections; one
section presently has the land use district of Mixed-Use Commercial Residential Four Story,
which will be changed to Mixed-Use affordable housing two stories. The Planning Board has
approved the Land Use category and the City Commission has adopted it at first reading.
In order to' get this completed staff is proposing the actual change of the Land Use category to
apply to the Madison Square area. It is divided in two sections, section one is item PB-I0-032
and section two is PB-IO-034, which has a different land use category. The change in the
category will allow Madison Square to be designated a small scale amendment for an Affordable
housing area. A small scale amendment involves an area smaller than ten (10) aCl'es or a project
that implements Affordable housing. The difference between a large and small scale amendment
is that a large scale amendment has to be reviewed by the Regional Planning Authority, Miami-
Dade County and then the State of Florida and a complete analysis is done. Sometimes it takes
about three to four months to be returned back to the City. The item is compatible with the
Comprehensive Plan and meets Land Use objectives and policies related to affordable housing.
Mixed-use affordable housing will have a zoning district that will have the same wording, MU-
AH (Two Story) zoning district. The Planning Board has already passed on it and it has been
passed to the City Commission meeting. This item has been placed on the City Commission
agenda and staff will have to report what the action was to the Commission.
Staff recommends approving the proposed Land Use map amendment since it is needed in order
to implement the Madison Square Project. It is recommended that the proposed Comprehensive
Plan Future Land Use Map (FLUM) amendment from the Mixed-Use Commercial Residential
(four story) to Mixed Use-Affordable housing (two story) for all of the properties listed in the
attached ordinance approved.
Mrs. Young questioned where the commercial property is located. Mr. Youkilis responded that
the store is not part of the change and not owned by the city.
Mr. Whitman questioned if the store would be grandfathered in and if it essentially part of the
future land use category. Mr. Youkilis replied that the City is not the owner of the store and the
CRA has notified staff that the project could be built without having that as part of the site.
Mr. Whitman commented that as a matter of practice it does not make sense to have little islands
within the property, this would be a classic example of spot zoning.
Mr. Vageline commented if the Board desires the property and several others could be added to
Local Planning Agency
October 4, 2010
Page 3 of6
the large scale amendment that begins in November'-
Mrs. Yates questioned the dimension of the store located within the property and if the property
is a: non conforming lot. Mr. Youkilis responded that it is approximately 30' x 75'and the
property is not non-conforming.
Mr. Morton questioned if the store would become part of the same land use category. Mr.
Y oukilis responded yes, but it would not become non-conforming.
Mrs. Beckman questioned if the original zoning of the property was NR and if the other items are
considered NR. Mr. Youkilis replied yes.
Mrs. Young commented that she does not understand how the single piece of property is going to
be allowed to exist. If this is a project that is going to be confined in an area and that particular
piece of the property is not within the purview of the City then this is a problem down the road.
She commented that as the Planning Board why we would exclude the piece of land when it is in
the geographical location and plays an intricate part in the project. Mr. Youkilis responded that
Mr. David, CRA director would be able to answer that questioned.
Mrs. Beckman questioned if the property is ruled by the CRA. Mr. Youkilis responded that the
CRA are the primary owners and developers. Mrs. Beckman commented that the tenants from
the year 1996 were evicted to create affordable housing. The power to independently zone and
rezone property is not given to the CRA. Mr. Youkilis responded that the CRA Board cannot
affect zoning that is done by the Planning Board.
Mrs. Beckman commented about the inter-local agreement that is about providing affordable
housing for individuals. She commented that the empty lots that were slated for affordable
housing, the properties were purchased and taken by the City. Mrs. Beckman expressed that abe
as a citizen is looking out for the citizens who may need affordable housing. She is requesting a
legal opinion and a review of the CRA findings of necessity. This will need to be addressed and
additional information will need to be provided.
Mrs. Beckman suggested placing all items that have to do with affordable housing on hold and
recommended that all the vacant properties be filled. She informed the Board that the item is to
approve more affordable housing zoning, but is not to approve affordable housing.
Mrs. Yates questioned what does the Comprehensive Plan require to have an affordable housing
element and is there a number based in our plan. Mr. Youkilis responded that the number is
thirty per year.
Mr. Youkilisintroduced Mr. Stephan David, (CRA Director) and that the Board has a general
question on why the piece of property is being excluded from the change and could the project
be built without that building there. Mr. David responded that the project can be built without
including the store.
Mrs. Yates questioned if the SW 59th Avenue road will be closed, which would therefore work
Local Planning Agency
Octobel' 4, 2010
Page4of6
since it does not affect the access. Mr. David replied yes and CRA did purchase additional land
last year which expanded the site.
Mr. David infonned the Board that there are requirements since there is County money involved
in the project A loan in the amount of 2.73 million dollars to construct the project was provided
by Miami-Dade County, which had to be approved by the county. Part of the stipulation is that
thirty' (30) affordable homes must be constructed. As of this moment, the property has been there
for two years and if it is not done then the CRA will be shut down.
Mrs. Young questioned why the small store was not sold. Mr. David responded that the CRA
was able to purchase most of the property which is a great achievement, but we were not able to
purchase the fmal piece.
Mrs. Young questioned if the property was a' small store and did the city approach the property
owner to h~ve the first right to purchase the property once the person is deceased. Mr. David
replied yes ,and no the City did not write a contract.
Mrs. Young questioned if the City could create a contract that would allow for them to claIm the
first right to purchase the property. Mr. David replied yes.
Mrs. Young commented that she has concerns about the property that is not included in the
project;
Mrs. Young questioned if it is a :minimum of twenty-four (24) or maximum of thirty (30) units.
Mr. David commented that report does not specifY the total number of units in the project. The
report talks about the density of the project.
Mr. Y oukilis commented that the property was not purchased by eminent domain.
Mrs. Young questioned if the piece of property could be obtained by eminent domain. Mr:
Y oukilis responded the City does not allow eminent domain for purposes of economic
, development only for public projects.
Mrs. Young question if PB-IO-032 only refers to affordable housing not including retail or
commercial and if it is two stories where is mixed use going to be. Mr. David responded that the
consultant did a study on the piece of property. Some town homes will be located on the site and
on 64tlt street there could be some commercial activity that would.~not take away from the
affordable housing.
The Chair opened the public hearing.
NAME ADDRESS
Sharon McCain
SUPPORT/OPPOSE PROJECT
Oppose
Ms. McCain commented that it is a very serious issue and there are things that were previously
requested by the Board members such as the impact study and have not been provided to the
Local Planning Agency
October 4,2010
Page 5 of6
Board. She explained when a Board member requests a legal opinion it is expected that the City
Attorney respond. Ms. McCain commented that this should be deferred until all the information
is provided to the Board.
The Chair closed the pUblic hearing.
Mrs. Beckman questioned what a compliance protest is. lVlr. Youkilis responded that any party
could file with DCA a protest stating that the procedures followed were not correct and DCA has
the right to look into the issue. She commented the compatibility levels of traffic are out of
compliance and should have been brought to the Board so that all the information is provided.
lVlrs. Beckman commented that the criteria sheet that lVlrs. Yates requested was not provided to
the Board. lVlrs. Yates questioned what legal opinion is requested from the attorney. Mrs.
Beckman responded that she would like infonnation on the State Statute 163, The inter-local
agreement with the CRA and City of South Miami and if the Planning Board could zone CRA
property and what happened to th.e affordable housing we·should already have.
Mr. Feingold commented that a legal opinion is not being requested. He felt that the lack of
performance from the CRA in the past is of concern. He commented that there was nothing
illegal or improper with what has been presented, but the track record could have some ethical
issues. lVlr, Feingold explained that what is being presented to the Planning Board is amendment
to the Comprehensive plan and he understands that the Board is looking at the consequences and
will it be better than before, but the questions are not legal questions.
lVlrs. Young questioned the time when the lots were acquired. Mr. Youkilis responded during
2006-2010. :Mr. Youkilis commented that it was not untillVlr. David took over three years ago
that the CRA bought any property or implemented any efforts to do affordable housing. The
CRA received a Miami-Dade County loan and finally the City has the opportunity to have
affordable housing on its own property and there still needs to be a proper Land Use category in
place.
lVlr. Morton questioned if the fifty-six (56) vacant lots are owned by the CRA. lVlr. David
responded six homes were built last year. Mrs. Beckman commented the CRA is not needed to
get Habitat Homes. lVlr. David commented that the Director could ouly work under the direction
of the CRA Board and the Board ordered him to work with Habitat for Humanity.
Mrs. Yates questioned if the CRA is responsible for acquiring lots or are they also responsible
for construction. Mr. David responded that the CRA purchases the property, it is passed to the
developer and Habitat for Humanity has been the largest builder in the CRA.
lVlr. Beckman commented if the CRA could provide the Board with a list of all the CRA
accomplishments. Mr; David commented that on theCRA website has a list.
Motion: Mrs. Beckman moved to defer the item to allow the applicant to provide additional
information requested by the Board. Mrs. Young seconded.
Local Planning Agency
October 4,2010
Page 60f6
2 Ayes 4 Nays (Mr. Whitman, Mr. Farfan, Mr. Morton and Mrs. Yates)
Motion: Mr. Whitman moved to approve the application as presented. Mr. Morton seconded
Vote: 4 Ayes 2 Nays (Mrs. Beckman and Mrs. Yonng)
V.Minutes
A) Mrs. Young moved to approve the minutes of Tuesday, September 9, 2010 with corrections.
Mr. Farfan seconded.
Vote: 6 Ayes 0 Nays ., ..
B) Mrs. Yoimg moved to approve the minutes of Tuesday, August 31, 2010 as presented. Mr.
Ms. Beckn:llm seconded.
Votc: 6 Ayes 0 Nays
VI. Adjournment:
Action: There being no further business before the Board, Mrs. Yates adjourned the Local
Planning Agency meeting at 9: 48 p.m.
TlV/SAY
W:\PBIPB Minutes12010 Minutes\!Q·4-20 IO\LP A.Minutes.l0A.2010.PB.IO.032.doc
MIAMI DAILY BUSINESS REVIEW
Publisbed Dally except Saturday. Sunday end
Legal HolJdays
Mfaml, Ml8mi·Dade QQ!,II'IIy, Rorida
STATE OF FLORIDA
eoUNT'( OF MIAMI-DADE:
6efor~ the undersigned authority personally appeared
V. PEREZ, who on oath says that ha or she Is the
LEGAL CLERK, Legal NoUces <>f the· Miami Dally Business
Review flWa Miami Reviewi a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami-Dade
County, florida; that me attached eepy of advertlsemen~
belng a Legal Advertisement of Notice In the matier of
CITY OF SOUTH MIAMI· NOTICE OF PUBLIC HEARING
OCTOBER 19, 2010· AMENDING THE FUTURE LAND USE MAP, ETC.
In Ihe XXXX Court,
was pUblished In said newspaper in the Issues of
10/08/2010
Affiant further says that the said Miami Daily BUsiness
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Florida, each day (eXcept Saturday, Sunday and ~.gal Holidays)
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Swom to and subscribed before me this
08 day of OOTOBER • A.D. 2010
(SEAl)
V. PEREZ personally know to me
NOlary Public St.le of F~rida
Charyl H Maflllet
My Commission 00793490
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NonCE IS HEREBY gIven that 1he City Commission Of-tha City of South MiamI, Florida will conduct Public Huarings at its regular
City CommiSsion meeUng Sch6dule<i fori\($$day, October 19, 2010 ooglomng at 7:30p.m. ill tM City CommiSSIon Chamb~, 6130
SUMet Drive, to co:nak:ler the followlng item(s):
An Oltl.tnance. of the,Mayor and City CommiSsion of me City Of Soulh Miami, Florida arnetidlng the Sooth MiamI PensIon
Plan, providing for an amendment to Se<:rtlon 16-12, Definition$, to comply with current City poHey t<Quc;eming the <lelinitlons
of aonual compensation, final average .compensaUoo. department bead, employee, lull time employee, partieipation and
part·1ime employee; amending SectIon 16-14(1}(1}(b) to allow ratiroo partiCipants-to change a beneficlary up to two times
at "the partlcipal'lt's t;Qst in compliance with Chapter 2009-97, Laws {)f florida; amending the City of South MIami Po!tce
Ofllc-ers RetlrementTTtJst Fum:! to provide for wmpliance w~lh Qhapter20OS-97; !..am 01 FJoriQa~ amending Section 16417Jbi to
eliminate 1003% Interest payment on return of contribut!ooj provfdingforsevetSbi!ity; provIding for codinl;3.\ion; and pr~ldlng
for an ef1iu;tive date.
M ¢l'dlnance of me Mayer and City CommissIon of tne City 01 SOuth MIami, Florida. relating to Chapter 5 of the City Code.
amending Sections 5--2, s..2,1. s.-2,2, s..24$ and 542.4 and cteatillg 5-l?:,51hrough 5~2.12. of 1he Code of Ordinances entitled
"Poultry andfowr', nowto be tmUtled "ChIckens"; provIdIng torthe maintainIng of well<mannmed chickens uooer C9rtaln terms
and conditions; qreatlng enforcement procedures; providing for llaverabtlity. orainW'loos in conflict, and an effective date.
An Ordlnance ottna MaYQr an0"1ne CityCommlsslon of the City of South MIami, florida rt!clatll'lg to the fee schedule, amendIng
Ofdinanee 21 ~O:94201S as amended by Ordlnances to Include a neW Parking Division Fee Schedule, Incr¢a$lng some parking
fe¢s, adding new fees. and deleting $Otna iees from the schll"dule. providing for severabflity, Ordlnanc'<!:$ In confliCt, and
provld"Jl'\ij an effectlv<l' date.
An OrdInance of 'the Mayor and c~ Commi$$!on of iha City of Soum Miami, Florida. amendIng the text of til"" South Miami
ComprehensiVe Plan, byamendingtho Comprehenslve Plan Future Lalld US"" Element In order to adopt a new future land uw
map catego:y enttlled "Low Dlomlty Affordable Multiple-Family Residentlal (Two story)" whlch in the future coulCi be applied
to <f&VGlOpment projeots and propert(e.$ provIding multiple-family hU'.Ising units or town home units in transitiona[ resldantia!
areas; providing forsevero.bTfrty. providIng for ordInances in conll!ct; and providing an effective data.
U
OrdinanC'e of thlt Mayer and City C6J'1ln'1ission of Ute City of South. Miami Florida, amending lhe FU{lJre Land Use: Map of
1ha South MiamI Comprehensilla Plan by changlng~h& 1uture land use map category from MlxedkUss Commemlal Residential
(Four Story) tc> Mb::ed Use.-Afford~!e Houslng (TwO' Sto~ for an area 11;l~nUrred as a part of tllec proposed Madis.:m SqUare
.' Development PrOit>ot generally Joc;ated at the southeast corner of SW 6~1h Street and SW 6i)!:h Avenue and the southeast
.comer of SW 64Ul $treat and SW 59th Place lnct.lci!ng propmlles mor.a spedf\caUy legally described in SeQtion 1 of thfs-.
ordinance; providing for severability; providing for ordinances in conll!ct;. and provfding an elfe<;l\ve date,
AA Ordinance of Illa Mayor and CIty CommIssion of the CIty of $O'(.I\h M!ami Florida, amending the Future Land Use Map of
'th~ South Miami COmprehensive Plao by changing tha More land use map category from Mixed-Use Commercial Residential.
(four Story) to ResidIJnlial1 Umited Commete!a! Oistrlct (IVlo $to!},) for an area Jdentifiad as all properties facing the west
side of SW 13.2 Avet'lue from SW 64th Streetto SW 69th Streetlncludlng 6914 SW 6$th Stre.et said propert1e.s more-spaclflcally
legally deSCribed In $action 1 of 1hl$ ordinance; providing-for $(Ivilrability. providing-for ordinar.cas 1n conflict; and pr.ovidlng
an effiJtrtiva date.
An ordinance 01 the Mayor and City Commjsslon of thEl <;rty of South MIam! FWrida, amending Ul,8 Ftlture Land U$~
Map of U;~ South Maml ComPtehensiV~ P1M 'ay changing the future kind ure Gategory from Single-Famlfy ResIdential
(fwo--Stol)') to Pal'f<s and Open Spaoe for In& property ldenUfied as Van Smith Park located at 7800 SW 5$ Avenue
{Folio No, 09-403$-039-0020 and rollo No. OS·403S-039~002S}; proViding for severability; proViding for (lrdinances in
-conflict: and providing an effective dare.
A Reso]uUon of thee Mayor and City CommiSsion of th$-City of SQuth Miam!, Floril:!a, autllortzing the CIty Manager to execute
an agroement VIilll Digltal Payment TeonnolQ-Sies, COfl).; $. Canadian federal COrporation authQrizad 10 tTen$act bU$ltless in til&
Stam of florIda to purcha1ffi lhfrty·e!gtrt (38) ParIrlng Pay StaUQIlS to be placed tliroughout 1ite City of South MIamI; pruvldfng
at! efi¢<:.llve dat~
A ResolulioD of tfJ& Mayur and City Commission of Ihe City of SO!Jth Miam~ Florida. Autl1ori<:lng the Cny Manager to enter
in to an agrooment with. SunGard Public $:Ictor [00. for SOftware Maintenanc&-, For thn sum of $175,000 for 5-years. annual
maintenance fe& payment $35,000.00 wm be paId lrom account number 001-1410-518.04834 ~.1aintenanca Computer
Programs; and prov1din9 for an effective datt!c.
A Resolution of the W.ayor and City Commiss1on ofthe Citt of Sotlth Miami, Flol1dtt, Authcrlzlng (he City Manager to enter
in to -an agreement with SunGard Public Sector Inc. for Softw.ru:e Uoenoo and Swvlces. For tha sum of $172,070.00 over a
$.year period inteT9$t free -at a total of $34,4'4.00 annual {tom account number (lOH41O..s1aql1~; and providing for an
effecfllle date.
forilJrther Information, please contact \he CIty Clellt's Office.at (305) Sss..6340.
Au'lrrtere&te¢ part!oo: are invited to attend and wl1! be heard •
Maria M. Menendez, CMC
CityCletk
~toRQf,d<JSlUMIIS:.ae.,o;no.;,1ll~C!tfhe!eby~lMp~lloMll'a~':~t;oawq31'lllY~!!Olllft(tdebyIh!s8a2:;J,~<x~\\'i!hleSjl~
I06NfmW~~ere.:Q,\~m~OtI!~,tlBoroll~Wl!ltm.al«>QrdoflMj)~~,t~dl;h~*,,~I>oI>~~&f!Ix;led~mI<yMtdtc>~v",tMts'VtJ\:laUm
n;=dotlhopl~~4~v"*"IWOtd.II>¢I';<;!HlMt~-a.w~§neo"JWI>lhid!lllo,""pNIl'kJ.tob9~ed.
Dr. Jerome Hernandez
is pleased to announce
his practlce has
moved 10 the
Kendall Optical Center
7400 North Kendall Drive, Suue 110
Miami, Ronda 33156
(305) 670-6060
Dr. Hernandez. has been in practice in the Miami
area for the past tv .. enty years specIalIzing in general
optometry, hard .. to--fit contact lens cases, as weI!
as low vision.
For over forty years, the Kendall Op11cal Center has
been known for its premium eyewear, exceptional
quatlty and outstand1ng service •
Schedule your eye exam today and join us as we
we!come Or~ Hernandez.
~ ~~~f:!!
Bring thfs 10% Discount off
ad to 0 the putcha",
offtameS!
Cash Back On Trane
Air Conditioners.
BUV a Trane Comlort system todaY.
lind receive an Instant Rebate UP to 81.000
A Trane GoollwtSys1em \'IitlHm efficIency mting of 19.0' SEER can save you
up tel 137% off jourpo'l/er bill. wMe remlWlng liP tu 20 1lalloos of mois!ure
a day trom heme -leavinll ~w CCOl and comfortabla. ~(j, I{ you can act
~/(lre May ~I), 2.010', yO\! wil! g,et M fnslrultRooate ChecK up to$l,Ono. ..
Pl\l$UP to $1,495 10 f'P1,I{lba!eS!
~ ........
8-
l!~~SI<;J~
$X!\l;'ct muw frum your Indeperutatrt.1ran9 neaTs?
FOB IIIE SESTSERlJll'lli Afl!} ItlS1AltA1IGtiS n~ OADE COUnty CAlt:
Hi-Tech Air Service
liND ASK FOR UANCV. TUlO OR JOlin
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 11/15/2011
in the XXXX Court,
was published in said newspaper in the issues of
11/04/2011
Affiant further s~ys that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami·Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement f r publication in the said newspa;;zJ-
Sworn to and subscribed before me this
04 day of N=~' A.D. 20
A~ ~ ~
V. PEREZ personally known to me
tJ. THOMAS
Commission #-DO 937532 Exp~6S November 2, 2013
t1.'mltw ll\l'lJ 'froy fb\tI ll\~UlP,nce 8O{)-385.7019
m!l}I!f?!itf!!fif~t#i'.
~~$:l~~gt;~8~l.~····~~~~~·r.~··
NoiIG'id,¢ t-i:EREBY' giv~~~tli'~tth~ qrty c:o~ml~,sion -9iJh~i~it/o{$9uth,
Miami, _Florida will.con,(lycl f?L!bJjqHearings,at its re,gu.t~r:City',Cornmjs,sion:
me,etlng"scb's,duled for.:rut$'day; November -15;,201-1 ,,,peginning at7:30:
p.m., in: tM, City :CQmr;i:ljl?_s,j,()~,~Ghambers, 6130 Sunset. Drive,_to consider,
the following itern(s).:r/;'nd'{':_"'::~L;' . ,
'_',,,.-,,,' '" ',"""~:-,: '\'7'1~ .. ,·"",<, " , ' ..
, An Ordin,ej.oqe-'r,el~tiflg,~JqJ~~ ye,:~r,,2012 Gene'ral Election'pf the "I
',MaY,onlOd City:po!J?,ini~,~ip)1~rs forG(oups; 'n ;and I,ll;, schedL!ling·:::--,
the,day;-pla,ce ,~n'q thll(fPt.mt:7 ele_ctlon; p,t'oYid,ing f?rquaUfi'C'atiOri : .
'Qf:'_cej.ndidates;_ W<?yiFHri9!:fQr. ,cJbs,~ B,t ele9~.ipnJ~Qq~~;,~.apprqy!~~,.;,~ ::"
the official baIlQt;':pro~iO!.r:ig:,forn()tif.i.c~tiQ.r~,:,':" ': ,;,",";, :, ',,-,' -_,,::," _: .. _:~.:":
; " ~~" O;di'n'~ri~'e' ~'~'i~tt~~~t~:ih'~if~:~'~q~~~~'j~,;:~~:~q~j~g i~dj,'r)~'~a~';': ;; :::
~,1 ,·11-~1.o4 ,a~, arn€!n.ded, ,~y_,qrdin,aric~$ ,to :in~reas!f some fees, ,
U
· ::di:r::::::~,·::~:;::;,gt~:ro:::es ~:07::e.:::::UJ:lam~· .
Comprehensive Plan to,' a.dopt a new futUre land use map
category titled "f'Alxed}!s~ ~o~merclaVResld~nti~1 (Two 9tor~)
.'A Res~!~tj,9n' alitilo,r'lzj-~'gj~~':,¢ity :Ma~ager-hj,.,e~EiQute it 5-yeai
agre'ement ,,' witli"'USA:, pool,S"':: fOf, ,th~,' __ pool.. op.erations· ~n.a
'mal1ag~m~nt',~f t~,~ Wahns,~ Murray Pa~k 9o~inU-'lity-PO,oJ. '
A:~e$oiutjDn. a,ui'h6r~'z\ng:t~~tiiiy:Ma_~~ti~r to ,~nfe,r .into £i two', (~) _ .
yf~a'i veh'ic!~ rent.cil·,a~lee'ment. with En.te,rpris9_ '.Rent~A-Car 191-
,re,nt~1 ,of tbr~e ,(3) ;ys,~I¢le_,?'t.ised in, ,underC:Ry'e/ poUse .9p,ef~tion,s
'by the ,Polic'eDepartmenfand authorizing,t~e': CitY M.~lnagel: to:
. disburse,'up to.$29,448.00'per year over ,a two·year-p,srioa from
,the_' 'te<1~raf ''J?'rft:iit~re:, ~rentai/lea$e poHc~, vehicles ,{account number'615~ 1'.91 Q:SZf;4450 (Lease Purcha~e·Polic'e,V~hic!es). . , .' -"1'-"''''''-'''' .. ".,;-, ," "'''''''''' "
Ji.'R,es61Jt,ioh:to '~'~tiCijte:~Gnuiti~~~nu~I' 's~;tvjde agreement, wit'h
. -unjtirst CorpQr~Hon 'fc)r the 'service ~:nd deJive'ry of uniforms for,
th~, "t;,ityig :,~M~tor.,,':g()61,.. employe~s:, at' 'th$ Pub'tic Works 'D~p~rt,,\,e~t.? .",'''.' ~~'}:"~' .... , ' ,., '
'ALL inte_re.§te'~,'p~rti'~~'~;rW:jnvjt~'d to att'~'nd'~,id will be heard.
';fo~'.f~~,~'~r ,i~~b;~~~~~'6';'~~#~,~,' pbnta~t 't11'~' city: ~JJ'tk'~: Office at: '
:3Qp~t?~3~6~40, ,-:,",' ~-,:':'c:,_~:'..;,:" '-;,', ' :' ,',
. Maria M: Menendez, CMC
qityCl~rk
:,,'-::,' '.'-~' , '.
rursu~~i,.to, ·~Io'rid:a:,:,$f~iui~_;'~· 286.-0'1 os, the City' 'hereby' advis,es the;
public, !tiat. ,if a, pers9rt::decides,:to app~aL,any,decisio~:'made, by', t,his;
;Board t Agencw '9,~_;¢qijirhh;si'Qn: wah re~sR~~t ,t6 arW:'matter .considered,:ilt
;its, me,etinIJ _or,:he~ring; he or.. $he win need a record of the prQ?eeWngs,
:~nq, that for ~uch purpose, affected per!:i0.l1, lJlaY,J)eed ,to ensur~ that a
verba,liry-t: re,cord pt, .t~e" prqceepinps is, rnad,l7)yt)iph repord ,frcludes ',the
testimony and eviqen'Ce upon which the appeal iS,to be based .
. 11/4 . . . 11-3·12911782056M
THE MIAMI HERALD I MiamiHerald",(:;:o;;;mc-________ _
, 2· • dealsaver"
~'''' , ' . ""
CITY OF SOUTH MIAMI
COURTESY NOTICE
I
NOTICE IS HEREBY given that the Cft}' Commission of the City of South Miami, Florida will conduct
Public Hearings at its regular City Commission meeting scheduled for Tuesday. Novemher 15. 2011,
beginning at7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following
item(s):
An Ordinance relating to the year 2012 General Election of the Mayor and City
Commissioners for Groups, II and 111; schedulln-g the day, place and lime 01 the election;
providing for qualification of candidates; providing for close of election books; approving
the official ballot; providing for notification,
An Ordinance relating 10 the fee schedule; amending ordinance 31 ~11-2104 as amended
by ordinances to increase some fees, adding new fees, and deleting some fees from the
schedule. I An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a ne~
L1uture land use map category titled "Mixed Use Commercial f Residential (Two SIory)", ~ J
A Resolution authorizing the City Manager to execute a 5-year agreement with USA Pools
for the pool operations and management of the planned Murray Park Community PooL
A Resolution authorizing the City Manager to enter into a two (2) year vehicle rental
agreement with Enterprise Rent~A-Car lor rental of three (3) vehicles used in undercover
police operatiOns by Ihe Police Department and authorizing the City Manager to disburse
up to $29,448.00 per year over a two-year period from the federal forteiture rental/lease
police vehicles account number 615-1910~521-4450 (Lease Purchase-Police Vehicles).
A Resolution to execute a mum-annual service agreement with Uniflrst Corporation forthe
service and delivery of uniforms for the City's Motor Pool employees at the Public Works
Department
All interested parties are invited 10 allend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
P!!lsuant to Rorida S\aM$S 2aS.QHI5,!he Cit)' hereby advlses Ihe public thaI If a person (lecldes \0 appeal ally detls!Oll mode by tms Scard,Agem;y
Qr CommIssion wH~ respect to any maner consl~Sled at its meeting 01 hea~ng, he f)f sM wm nead a record Qf t~e proceadlngs, and lhat for SijC~
purpose, aHected person may need ttl ensvre tIlat a verbalim recoro of the p(Cceedings is made which record includes \he teslimOllj' all\! evidence
upon whidl tile awea! is to os basoo.
Commissioner Lynda Bell
Mioml~Dode County
Districf 8
SE SUNDAY, NOVEMBER 6, 2011 I 37SE
2 J J jj .4i is])]
VIsit the new Community Information & Outreach
311 Service Center
South Dade Justice Center
10710 Southwest 211 Street
Cutler Boy, Florida 33189
Weekdays from 9 a.m. to 4 p.m.
Through the efforts of Commissioner Bell, County services
have been restored to the South Dade area,
• Pay Taxes
• Golden Passports
• Dog Togs
• Make Service Request
.. Transit Posses
• Auto Togs
• Baby Stroller Permits
.. And more!
\,) ,\t~S1~1£~
ADMISSIONS SHOWCASES
Friday, November ll, 20 II (High S,hool only)
Tuesday, January 10, 2012
Carrollton is a Pre-K through Grade 12 all girls Catholic college~prepatatoty school
d1at admits qualified students of any race, color, religion, nationality or ethnic origin.
Financial aid available.
For information, please call: (305) 446-5673, ext. 1244
3747 Main Highway lVliami, Florida 33133 ",-ww;carrollton.org