23To:
Via:
From:
Date:
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 Managefl
Christopher Brimo, AICP
Planning Director
ITEM NO'& May 1,2012
South Miami
bOd ;ijir
2001
An Ordinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category from Multiple-
Family Residential (Four Story) to Low Density Multiple-Family Residential (Two
Story) for an area identified as the Lee Park Condominiums located within the
block bounded on the north by SW 68 Street, on the east by SW 59 Place, on the
south by SW 69 Street and on west by SW 62 Avenue including properties more
specifically legally described in Section 1 of this ordinance.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Map amendment being
initiated by the City (Local Planning Agency) at the request of the City Commission. The
item was first initiated in 2009 and October 5, 2010. The amendment proposed is the
result of concerns expressed on several occasions by the City Commission that in 1997
the Future Land Use Map category "Multiple-Family Residential (Four Story)" placed
over the property identified as Lee Park Condominiums was not appropriate and
needed to be changed. It went before the City Commission in November 2010 and was
withdrawn prior to final adoption of the map amendment due to the concern of the term
"Affordable" contained in the category.
The new Comprehensive Plan Future Land Use Category entitled "Low Density
Multiple-Family Residential (Two story)" was recently adopted by the City
Commission at its November 1, 2011 meeting (Ordinance No. 34-11-2107) and
submitted to the State Department of Economic Opportunity (formerly Department of
Community Affairs) for a standard review. There were no objections to the text
amendment within the required appeals period. At the March 6, 2012 City Commission
meeting, staff was directed to bring the associated Future Land Use Map amendment to
the City's Local Planning Agency for review and public hearing.
April 10, 2012 Planning Board Meeting
On April 10, 2012 the Planning Board acting in their capacity as the Local Planning
Agency reviewed the proposed map amendment. After a public hearing and public
comments, the Board and staff discussed whether it was at all beneficial to have the
City's land use categories designated with a "story" limit. Although the current land use
category has a height designation of "four stories", and a maximum density of up to 24
units per acre, the zoning district is currently RM-18, which has a maximum building
height of two-story or thirty feet and a maximum density of 18 units per acre.
The Board felt it would be more appropriate to establish maximum densities and floor
area ratios for the land uses and let the City's Land Development Code control the heights
and dimensional characteristics of individual structures. The Board made a motion
recommending that the City Commission amend the City's land use categories,
eliminating the story designation; the motion was unanimously approved (6 ayes; 0 nays).
After additional discussion, the Board made a motion recommending denial of the
proposed "new" land use category "Low Density Multiple-Family Residential (Two
Story)", in favor of keeping the existing category in conjunction with the proposed
amendments in the previous motion. The motion was approved by a vote of 5 ayes; 1 nay
(Beckman).
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 Document or the Future Land Use Map requires the adoption
of an ordinance by the City Commission after receiving a recommendation from the
City's Local Planning Agency (Planning Board). The amendment is then forwarded to
Department of Economic Opportunity (DEO), Division of Land Planning for review and
comment. DEO will request comments from State agencies and other local planning
agencies which will form the basis of an ORC Report (objections, recommendations, and
comments) which is forwarded to the City. The City will then take final action (second
reading/public hearing) on the proposed map amendment.
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 basic 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 public facilities; and 4) is the amendment
compatible with and does it advance the City'S objectives and policies contained in the
Comprehensive Plan.
PROPOSED FUTURE LAND USE MAP AMENDMENT
The proposed future land use category "Low Density Multiple-Family Residential (Two
Story)" as adopted has the following parameters:
The Low Density Multiple Family Residential (Two Story) future land use map category
is intended to be applied to development projects and properties providing affordable
multiple-family housing units or affordable town home units in transitional residential
neighborhoods.
Permitted heights, densities, and intensities shall be set forth as part of a corresponding
zoning use district in the Land Development Code su~iect to the following maximum
levels of development: maximum building height of two stories, and maximum residential
density of20 units per acre.
The 1997 Evaluation and Appraisal Report (EAR) recommended that the land use
category Low Density Multiple Family Residential (Two Story) be eliminated and that all
properties in that category be changed to a new category "Multiple Family Residential
(Four Story)". The purpose of the change was to increase density (24 units per acre! 4
stories) in order to encourage larger residential development projects.
In 2009-2010 the City Commission expressed concerns that the type of development
encouraged by the Multiple Family Residential (Four Story) land use category and the
underlying zoning use district would not be compatible with the low density and two
story height limits of surrounding neighborhoods. It was agreed in a series of adopted
Resolutions in 2009,and in discussions at meetings in 2010 that the land use category on
specific properties would be modified.
SUMMARY OF LEE PARK CONDOMIMIUM SITE
The Lee Park Condominium project consists of privately owned housing units. It contains
118 dwelling units and estimated population of 295 persons. The proj ect has a land area
of 6.06 acres and an existing density of 19.47 units per acre. It is occupied by townhome
type two story buildings. It was stated by representatives from Lee Park the condominium
was originally a co-op, but was converted to condominiums in 1999.
Lee Park Condominiums
Parcels Comprehensive Plan Land Development Code Actual Uses
Existing Land Use Existing Zoning District
Category
North Multi-family Residential PR Parks/ Recreation Multi-Family Housing
(4 Story) RM-18, Low Density Multiple Park
Parks and Open space Residential (2 Story) Office Building (Housing
Agency)
East TODD (4+4 Story) TODD-MU-4 (2 Story) Car repair
Food Market
South TODD (4+4 Story) TODD-MU 5 (4 +4 Story) Multi-family housing
Mixed Use Commercial H Hospital Professional services
Residential (4 Story)
West Residential! Limited NR Neighborhood Retail (2 Vacant Land
Commercial District (2 Story) Story)
Analysis of proposed Future Land Use Amendment:
Compatibility of Use: The proposed land use will assure that any future redevelopment
of the site will result in development which is compatible with the surrounding
community specifically the park area abutting on the north side and the low density
residential/commercial area (SW 62 Ave. Corridor) to the west.
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 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
has prepared a comparative chart demonstrating the projected impact on public facility
capacities of the subject land use change. This data report is attached. Based upon this
review the assignment of the new Future Land Use category will decrease the impact on
public facilities.
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
Objective 1.1
Policy 1.1.2
To maintain and improve the City's neighborhoods, and the quality
of life of existing and future 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 ...... .
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
ZONING
The City and its Community Redevelopment Agency shall continue
to coordinate with public 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.
The current zoning district on the property "RM-18" Low Density Multi-Family may
remain unchanged as its dimensional limitations (two story, 18 units per acre) will be
compatible with the new future land use map district, should the City Commission decide
to apply this category.
RECOMMENDATION
It is recommended that the City Commission move to amend the comprehensive plan text
ad map categories to eliminate the reference to "stories", and adopt a maximum density
for each category. Staff recommends that the Commission accept the Board's
recommendation to not apply the new proposed future land use map category of Low
Density Multiple-Family Residential (Two Story) for the Lee Park Condominium site.
Attachments:
Exhibit A FLUM Impact Analysis
Draft Ordinance
Ord.34-11-2107
LDC Dimensional Requirements
Planning Board Public Hearing Notice/Mailing list
Z:\Commission Jtems\2012\5-1-12\Comp Plan FLUM Amend Lee Park CM Report_5-1-12.doc
EXHIBIT A
FUTURE LAND USE MAP AMENDMENT
IMPACT ANALYSIS
Lee Park Condominiums
SW 68 Street to SW 69 Street & SW 59 Place to SW 62 Avenue
6.06 acres
Future Land Use Map (FLUM) change proposed
From: Multiple-Family Residential (Four Story)
To: Low Density Multiple Family Residential (Two Story)
Residential density
From: 24 dwelling units per acre
To: 20 dwelling units per acre
Existing: 19.47 dwelling units per acre
Difference: Decrease of 4 dwelling units per acre.
Levels of Service (LOS)
Recreation
Population per household established in 2010 Census as 2.75 people per
household
6.06 acres x 24 dulac x 2.75 people per dwelling unit = 400 people
6.06 acres x 20 dulac x 2.75 people per dwelling unit = 333 people
Recreation LOS = 4 acre of land per 1,000 population
67 less people will require 0.27 ac less Recreation land
Based on the 2010 Census and 2011 Estimates of Population, the City has an
excess of Recreation land of more than 8 acres, which includes the Metropath
through the City.
Potable Water
67 less people @ 155 gallons/capita/day = 10,385 less gallons per day
Difference: Decrease in impact.
Sanitary Sewer/Septic Tank
County System or septic tank if County not available
(Pump station no. 177 capacity was increased in February 2012)
Difference: Decrease in impact.
Solid Waste
67 less people at 7 pounds of solid waste/capita/day = 469 less pounds per day
Difference: Decrease in impact.
Storm 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: Both have the same impact.
Summary
There is a decrease in the impact due to the proposed change in the Future Land Use
Map for this location.
Z:\PB\PB Agendas Staff Reports\2012 Agenda Staff Reports\3-27-12\PB-12-009_Lee Park Condo\lmpact Lee Park
Condos_Exhibit A_2012.doc
1
2 ORDINANCE NO. ___ _
3
4 An Ordinance amending the Future Land Use Map of the South Miami
5 Comprehensive Plan by changing the future land use map category from MuItiple-
6 Family Residential (Four Story) to Low Density Multiple-Family Residential (Two
7 Story) for an area identified as the Lee Park Condominiums located within the
8 block bounded on the north by SW 68 Street, on the east by SW 59 Place, on the
9 south by SW 69 Street and on west by SW 62 Avenue including properties more
10 specifically described in Section 1 of this ordinance.
11
12 WHEREAS, the Florida Legislature intends that local planning be a continuous
13 and ongoing process; and
14
15 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
16 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
17 policy guidance for growth and development; and
18
19 WHEREAS, the City in 1997, based upon the Evaluation and Appraisal Report
20 (EAR) recommendation to encourage larger residential development projects, the Future
21 Land Use Map category Low Density Multiple Family Residential (Two Story) was
22 eliminated and all properties in that category were changed to a new category entitled
23 "Multiple Family Residential (Four Story)"; and
24
25 WHEREAS, in 2009-2010 the City Commission expressed concerns that the
26 type of development encouraged by the Multiple Family Residential (Four Story) land
27 use category at certain locations is not be compatible with the low density and two story
28 height limits of the surrounding neighborhood; and
29
30 WHEREAS, in 2009 the City Commission adopted Resolution 205-09-13014
31 which recommended that land use map category Multiple Family Residential (Four
32 Story) be removed in areas where it was applied in 1997; and
33
34 WHEREAS, the City Commission at its November 1, 2012 meeting adopted
35 Ordinance No.34-11-2107 creating a new future land use category entitled "Low Density
36 Multiple-Family Residential (Two Story)"; and
37
38 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on April
39 10, 2012, after public hearing, adopted a motion by a vote of 6 ayes and 0 nays
40 recommending that the City Commission amend all the land use categories to eliminate
41 the story designation in favor of density maximums and having the heights controlled by
42 the land development code; and
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WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
April 10, 2012, after public hearing, adopted a motion by a vote of 5 ayes and 1 nay
recommending that the above described Future Land Use Map amendment should be
denied.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby a Future Land Use Map
Amendment changing the future land use map category from Multiple Family Residential
(Four Story) to the category "Low Density Multiple-Family Residential (Two Story)" for
an area identified as the Lee Park Condominiums located within the block bounded on
the north by SW 68 Street, on the east by SW 59 Place, on the south by SW 69 Street and
on west by SW 62 Avenue.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this _____ day of ______ 2012.
ATTEST:
CITY CLERK
1 st Reading:
2nd Reading:
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh
ORDINANCE NO. 34-11-2107
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Low Density Multiple-Family Residential (Two~
Story)," which in the future could be applied to development projects and
properties providing multiple-family units or townhouse units in transitional
residential 'areas; providing for severability, providing for ordinances in con'llict;
and providing an effective date.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statues, directs local governments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth and development; and
WHEREAS, On April 12, 2011, the City Commission held an adveliised
workshop that initiated various text amendments to the South Miami Comprehensive
Plan; and
WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after
public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending approval of the
proposed amendment with the condition that the density be reduced frOlP-20 units per
acre to 18 units per acre;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF T~E CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves amending the Comprehensive
Plan Future Land Use Element by adopting a new future land use map category entitled
"Low Density Multiple-Family Residential (Two-Story)," which shall be included in
Chapter 1 Future Land Use Element and shall read as follows:
Low Density-Multiple Family Residential (Two Story)
The Low Density";Multiple Family Residential (Two Story) future'land use map
category is intended to be applied to development projects and properties providing
multiple-family units or townhouse units in transitional residentialneighborboods.
Permitted heights, densities, and intensities shall be set forth as . part of a
co .... esponding zoning use district in tbe Land ·Development Code subject to tbe
following maximum levels of development: maximum building height of fwo stories,
and maximum residential density of20 units per acre.
,Ord. No. 34-11-2107
2
Section 2: Severabilitv. 'If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance. '
Section 3: Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended. The
sections of this ordinance may be renumbered or re-lettered to accomplish such intention;
and the word ttordinance" may be changed to "section" or other appropriate word.
Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all
section and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of
ordinances, that give the appearance of being in conflict when the two ordinances can be
harmonized or when only a portion of the ordinance in conflict needs to be repealed to
harmonize the ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5: Effective Date. This ordinance shall become effective at the
expiration of ten days after adoption. The effective date of this plan amendment, if the
amendment is not timely challenged, shall be 31 days after the state land planning agency notifies
the local government that the plan amendment package is complete. If timelv 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.
PASSED AND ADOPTED this 1 stday of November ,2011
ATTEST: APPROVED:
~~ CLERK~
1st Reading: 5/3/11
2nd Readi : 11/1/11 Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
5-0
Yea
Yea
Yea
Yea
Yea
Zoning use districts and purposes
-3.3(0) Standards shall be uniform throughout each zoninq use district. District symbols and names shall be known as:
Symbol Name
RS-1 Estate Residential
RS-2 Semi-Estate Residential
RS-3 Low Density Single-Family
RS-4 Single-Family
RS-5 Single-Family (50' lots)
RT-6 Townhouse Residential
RT-9 Two-Family!Townhouse Residential
RM-18 Low Density Multi-Family Residential
RM-24 Medium Density Multi-Family Residential
RO Residential Office
LO Low-Intensity Office
MO Medium-Intensity Office
NR Neighborhood Retail
SR Specialty Retail
GR General Retail
TODD (MU-4) Transit-Oriented Development District (Mixed Use-4)
TODD (MU-5) Transit-Oriented Development District (Mixed Use-5)
TODD (LI-4) Transit-Oriented Development District (Light Industrial-4)
TODD (PI) Transit-Oriented Development District (Publici Institutional)
TODD (PR) Transit-Oriented Development District (Parks & Recreation)
PUD-R Planned Unit Development-Residential
PUD-M Planned Unit Development-Mixed Use
PUD-H Planned Unit Development-Hospital
HP-OV Historic Preservation Overlay
HD-OV Hometown District Overlay
CS-OV Community Service Overlay
H Hospital
PI Publici Institutional
PR Parks and Recreation
Min. Lot Size
Net Area (sq. ft.)
Frontage (ft.)
Min. Yard Setbacks (ft.)
Front
Rear
Side (Interior)a
Side (Street)
Max. Building Height
Feet
Max. Building Coverage (%)
Max. Impervious Coverage (%)
Section 20-3.5
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS -ONE-STORY
40,000 15,000 10,000
125 100 75
50 35 25
25 25 25
12.5 10 7.5
20 15 15
25 25 25
First floor 20 30 30
30 40 40
a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
6,000 6,000
60 50
25 25
25 25
7.5 b 7.5 b
15 15
25 25
30 30
45 45
b Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet
setback.
Section 20-3.5
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS -TWO-STORY
REQUIREMENT RS-1 RS-2
Min. Lot Size
Net Area (sq. ft.) 40,000 15,000
Frontage (ft.) 125 100
Min. Yard Setbacks
(ft. )
Front 50 35
Rear 25 25
Side (Interior)a For structure 12' or less in height, as measured from the first Refer to Table
floor finished floor elevation 1
Portion of structure above 12' high as measured from the first Refer to Table
floor finished floor elevation 1
Side (Street) 20 15
Max. Building Height
Stories 2 2
Feet 25 25
Max. Building Coverage (%) First floor Refer to Table
2
Max. Impervious Coverage (%) Refer to Table
2
Max. Floor Area Ratio (%) Second floor Refer to Table
2
a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
RS-3 RS-4 RS-5
10,000 6,000 6,000
75 60 50
25 25 25
25 25 25
15 15 15
2 2 2
25 25 25
REQUIREMENT
Max. Density (units/acre)
Min. Site Size
Net Area (sq. ft.)
Frontage (ft.)
Min. Lot Size
Net Area (sq. ft.)
Frontage (ft.)
Min. Yard Setbacks (ft.)
Front:
1 & 2 stories
3 stories
4 stories
Rear:
1 & 2 stories
3 stories
4 stories
Side (Interior)
1 & 2 stories
3 stories
4 stories
Side (Street)
1 & 2 stories
3 stories
4 stories
Between Buildings
Perimeterb
Max. Building Height
Stories
Feet
Max. Impervious Coverage (%)
Section 20-3.5
DIMENSIONAL REQUIREMENTS
MULTI-FAMILY DISTRICTS
RT-6 RT-9 a
(TH) (2F)
6 8.7
10,000 10,000
200 100
3,000 na
25 na
25 25
na na
na na
25 25
na na
na na
10 7.5
na na
na na
15 15
na na
na na
20 15
15 15
2 2
25 25
40 35
RM-18
(MF)
18
10,000
75
na
na
25
na
na
20
na
na
12.5
na
na
25
na
na
20
na
2
30
60
a Townhouses allowed subject to all RT-6 requirements, except minimum site size.
RM-24
(MF)
24
15,000
100
na
na
25
30
35
20
25
35
12.5
15
20
25
30
35
20
na
4
50
70
b In addition to all other required setbacks when the site area is greater than two (2) acres.
MU-AH
(MF)
24
(1 acre)
100
na
na
25
na
na
20
na
na
12.5
na
na
25
na
na
20
na
2
30
70
REQUIREMENT RO
Min. Lot Size
Net Area (sq. ft.) 7,500
Frontage (ft) 75
Min. Setbacks (ft.)
Front 25
Rear 20
Side (Interior) 10
Side (Street) 20
Adj. Res. Dist. 25
Side (w / driveway) 20
Between Buildings 20
Max. Building Height
Stories 2
Feet 25
Max. Building
Coverage (%) 30
Max. Impervious
Coverage (%) 75
Max. Floor Area
Ratio (FAR) 0.30
Section 20-3.5
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
LO MO NR
7,500 10,000 7,500
75 100 75
20 15 b 25
15 10 15
10 0 -
15 10 15
25 25 25
20 20 20
20 20 -
2 4 2
30 50 25
---
80 85 75
.70 1.60 .25
SR
5,000
50 c
10 b
10
-
10 b
25
20
-
4
50
-
90
1.60
a 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall.
GR I
10,000 5,000
100 50
20 20
15 a
-
15 15
25 25
20 20
--
2 2
30 30
--
85 85
.80 .80
b Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than twenty-four (24)
inches in diameter; columns on the property line shall not be closer to each other than ten (10) feet.
C The frontage requirement does not apply to uses in the SR District.
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663-6326; Fax #: (305) 668-7356
On Tuesday, April 10, 2012 at 7:30 P.M., the City of South Miami Planning Board acting in its
capacity as the Local Planning Agency will conduct a public hearing in the City Commission
Chambers at the above address on the following amendments to the Future Land Use Map of the
South Miami Comprehensive Plan Future Land Use Element:
1. PB-12-009
Applicant: City of South Miami
Location: Lee Park Condominium
An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by
changing the future land use map category from Multi-Family Residential (Four Story) to Low
Density Multiple-Family Residential (Two Story) for an area identified as the Lee Park
Condominiums located within the block bounded on the north by SW 68 Street, on the east by SW
59 Place, on the south by SW 69 Street and on west by SW 62 Avenue including properties more
specifically legally described in Section I of this ordinance.
i
1~
I
I
2. PB-12-010
Applicant: City of South Miami
Location: Red Road ApaJ1ments -6404 and 6504 SW 57th Avenue
An 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 Multi-Family Residential (Four Story) to Low Density Multiple-Family Residential
(Two Story) for properties identified as the Red Road Apartments located at and specifically legally
described as 6404 SW 57 Avenue (Folio No. 09-4025-015-0010) and 6504 SW 57 Avenue (Folio
No. 09-4025-015-0020).
3. PB-12-011
SUBJECT
PROPERTIES
Applicant: City of South Miami
Location: South Miami Gardens Apartments -5949-5961 SW 68th Street
An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the
Future Land Use Map ofthe South Miami Comprehensive Plan by changing the future land use map
category from Multi-Family Residential (Four Story) to Low Density Multiple-Family Residential
(Two Story) for properties identified as the South Miami Gardens Apartments located at 5949 SW
68th Street (Folio # 09-4025-063-0010), and 5961 SW 68th Street (Folio # 09-4025-063-0020).
SUBJECT PROPERTIES
All interested parties are urged to attend. Objections or expressions of approval may be made in person at the
hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to
the City Commission whatever the board considers in the best interest for the area involved. Interested
parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663-
6326 or writing to the address indicated above.
You are hereby advised that if any person desires to appeal any decision made with respect to any matter
considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making
any inquiry.
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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/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 -APRIL 24,2012
in the XXXX Court,
was published in said newspaper in the issues of
04/13/2012
Affiant further says 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 Isement for blication in the said
news
and subsc 'bed before me this
13~
7
(SEAL)
MARIA MESA personally known to me
CITY OF SOUTH MIAMI
PLANNING-BOARD
R.egularMeeting. Minut~s·
Tuesday, AprillQ;20 12< .
. GityCommissi9riC lial11 b¢rs
.. 7:30P.M.· .
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Dr. Rauri, Mrs. Beckman, Mr. Cruz (Vice-Chairman), Dr. Philips, and
Mr. Vitalini
Board Member absent: Mr. Dundorf
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Rood (Office Support).
City staff absent: Ms. Lourdes Cabrera (Principal Planner),
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
There was the swearing in of new board member Claudia Rauri by Mr. Thomas Pepe.
IV. Public Hearings
1. PB-12-009
Applicant: City of South Miami
Location: Lee Park Condominium
An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by
changing the future land use map category from Multi-Family Residential (Four Story) to Low
Density Multiple-Family Residential (Two Story) for an area identified as the Lee Park
Condominiums located within the block bounded on the north by SW 68 Street, on the east by
SW 59 Place, on the south by SW 69 Street and on west by SW 62 Avenue including properties
more specifically legally described in Section 1 of this ordinance.
Applicant: City of South Miami
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Mr. Brimo presented the item to the Board.
Mrs. Beckman asked Mr. Brimo to give more background information regarding the
development being a co-op condominium. Mr. Brimo responded that he is not aware of the legal
function of a co-op condominium. He then stated that the units are individually owned by one
person or more. Mrs. Beckman then asked is it a cooperative effort of everyone paying the same
rate and receiving the services. Dr. Philips asked Mr. Beckman where she is seeing that Lee Park
Condominium is a co-op. Mrs. Beckman responded that she happens to know the proposed item
is a co-op. Dr. Philips stated that Lee Park originally started as a co-op but that it later became a
condominium. Mrs. Beckman stated that Lee Park has a co-operative agreement which is
different from a home owner's association agreement.
Dr. Hami stated that this may also tie into the aspect of ownership versus rental, is it greater than
51% or not.
The Chairman opened the Public Hearing.
NAME
Michael Miller
ADDRESS
6780 SW 62 Ave.
SUPPORT/OPPOSE
Opposed
Mr. Miller stated that he is a board member of the Lee Park Condominiums and he also owns
some units in the complex, it is not a co-op it was some years ago but it no longer is. He then
stated it is condominium association and people pay maintenance fees based on the size of their
unit. He also stated that there are 117 units are individually owned by families and some by
investors; many of the families remained after the conversion to condominiums and have been
there for 25 to 30 years. He has a business in the City of South Miami; he employs residents, and
supports the people in Lee Park. He stated that he feels that with this proposal that is taking away
from the residents and family members that can possibly profit in the future.
NAME
Pedro Menocal (Attorney)
ADDRESS
Lee Park
SUPPORT/OPPOSE
Opposed
He stated that Lee Park Condominiums was a co-op that was converted to condominiums in
1999. He then stated that he doesn't understand how this proposal is helping the residents or the
area where Lee Park is located; or are you trying to prevent developers from coming in and
developing the property. He also stated that he doesn't see the harm in allowing the area to
remain zoned as it is. He stated that he feels that the City is preventing the area from being
developed by continuing to limit or place restrictions on the area; everyone will suffer from this
decision.
Mrs. Beckman asked can you verify in writing that these units are owned by individuals /families
versus a group of investors or a group of persons. Mr. Menocal stated that it is a matter of public
record, of the units 85% of them are owned by the people that owned the units when the
cooperative was first formed. Mr. Brimo stated that he provided the Board copies of who
received notification of the meeting from that Miami-Dade County database is attached to the
packet.
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NAME
Jean Martin-Scott
ADDRESS
Lee Park Condo
SUPPORT/OPPOSE
Opposed
She stated that she is the manager of Lee Park Condominiums and all information is public
record.
NAME
Levy Kelly
ADDRESS SUPPORT/OPPOSE
Opposed
Mr. Kelly stated that he feels that the Planning Board was derelict in their responsibilities when
the Board does not do the research regarding the items proposed and also the Board's attendance
for the last meeting. He then stated that this is strictly politics from the City Commission to the
Planning Board.
NAME
Simon Codrington Jr.
ADDRESS
6620 SW 63 rd Avenue
SUPPORT/OPPOSE
Opposed
Mr. Codrington stated that he has participated in the redevelopment process in this City of South
Miami since 1992. He then stated that the Planning Board has a responsibility to this city, the
community, the residents, inhabitants, and property owners to represent all parties involved. He
also stated that proper planning should take place centered around the will that has been
communicated by the people. He stated that Lee Park Condominiums historically went from
HUD housing to a co-op and now people actually own their property. He stated that by down
zoning it is taking away from their rights as property owners and taking away the value of their
property. He then stated that he implores the Board to research the record regarding the desires
of the community which is found in Charette 2.
Mr. Cruz stated to the public that these proposals that are come before the Planning Board to
review are being brought forth from the City Commission which is the point of origination. He
also stated that they have not already discussed these items or made any decisions.
The Chairman Closed the Public Hearing.
Mrs. Beckman stated that Lee Park is located in the area near the CRA district, upzoning is not
part of the CRA function in her opinion. She stated that the proposal does fit the Comprehensive
Plan. Mr. Brimo stated that the issue is not changing the zoning category the issue is changing
the underlying land use. He then stated that the zoning category that is on this land is an RM-18,
which means that it is 18 units per acre at a two-story maximum. Mr. Vitalini asked Mr. Brimo
what is the general height limitation for RM-18. Mr. Brimo responded that the height for RM-18
is the maximum of 25 feet. Mrs. Beckman asked Mr. Menocal what the grievances were of the
residents of Lee Park.
NAME
Pedro Menocal (Attorney)
ADDRESS
Lee Park
SUPPORT/OPPOSE
Opposed
Mr. Menocal stated that the residents of Lee Park want to have control over their own properties
and their own destinies. He also stated that this proposal is essentially changing the height or
story boundaries. Dr. Whitman responded to Mr. Menocal his concern of the residents being
aware that this property is zoned at RM -18 does not allow for an increase in height, which would
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have to be changed before they would be allowed to redevelop the property. Dr. Whitman stated
that the reason for this meeting tonight is bring the Land Development Code (LDC) and the
Comprehensive Plan in agreement.
Motion: Mr. Cruz motioned to deny the proposed item. This motion was seconded by Mr.
Vitalini.
Vote: Approved: 5 Opposed: 1
Mrs. Beckman: No
Mr. Whitman: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Dr. Philips: Yes
Mr. Cruz: Yes
Motion: Mr. Cruz motioned to recommend to the City Commission to change the land use
categories to eliminate story designation. This motion was seconded by Mrs. Beckman.
Vote: Approved: 6 Opposed: 0
Mrs. Beckman: Yes
Mr. Whitman: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Dr. Philips: Yes
Mr. Cruz: Yes
2. PB-12-010
Applicant: City of South Miami
Location: Red Road Apartments -6404 and 6504 SW 57th Avenue
An 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 Multi-Family Residential (Four Story) to Low Density Multiple-Family
Residential (Two Story) for properties identified as the Red Road Apartments located at and
specifically legally described as 6404 SW 57 Avenue (Folio No. 09-4025-015-0010) and 6504
SW 57 Avenue (Folio No. 09-4025-015-0020).
Applicant: City of South Miami
Mr. Brimo presented the item into the record.
The Chairman opened the Public Hearing.
NAME
Mario Garcia-Serra
ADDRESS
Red Road Apts.
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SUPPORT/OPPOSE
Opposed
Page 4 of7
Mr. Garcia-Serra stated the proposed amendment is unnecessary, potentially counterproductive,
unfair targeting of this property and potentially a violation of equal protection .. He stated that
this property is zoned at RM -18 category and it cannot be developed past two stories according
to the zoning regulations. He also stated that the property has the potential to be redeveloped and
without any incentive to do so the property would probably deteriorate. He stated that when you
at the Comprehensive Plan Map that there are other four story categories in other parts of the
City of South Miami which abut singe family homes and yet they have never been proposed for
any sort of change in designation.
The Chairman Closed the Public Hearing.
Mrs. Beckman asked how many units are on this property and the density. Mr. Brimo responded
that there are 48 units on 2.75 acres, the density is 17.48 units per acre and it is zoned at 18 units
per acre.
Motion: Mr. Cruz motioned to deny the proposed item. This motion was seconded by Dr.
Philips.
Vote: Approved: 5 Opposed: 1
Mrs. Beckman: No
Mr. Whitman: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Dr. Philips: Yes
Mr. Cruz: Yes
3. PB-12-011
Applicant: City of South Miami
Location: South Miami Gardens Apartments -5949-5961 SW 68th Street
An 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 Multi-Family Residential (Four Story) to Low Density Multiple-Family
Residential (Two Story) for properties identified as the South Miami Gardens Apartments
located at 5949 SW 68th Street (Folio # 09-4025-063-0010), and 5961 SW 68th Street (Folio #
09-4025 -063 -0020).
Applicant: City of South Miami
Mr. Brimo read the item into the record.
The Chairman opened the Public Hearing.
NAME
Michelle Dozier
ADDRESS
5867 SW 68 St
SUPPORT/OPPOSE
Opposed
She stated that she is the Vice President of South Miami Gardens and she is against the tearing
down of the development. Dr. Whitman responded that the proposal is not to tear down anything
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and if anyone has told her so she has been misinformed and it is unfortunate that people are
misrepresenting that in the neighborhood. She then stated that there are 58 units there and they
don't want the units tom down because the residents will not have any place to go, they are
happy where they are. Mr. Cruz asked Ms. Dozier why she has the impression that the Board
wants to tear down these units and rebuild. Ms. Dozier responded that she assumed that was the
proposal and there are other residents here that have signed a petition and also disagree with the
plans to tear down their homes. Dr. Whitman then asked the applicant if anyone told her that
tonight's meeting was about a plan to tear down South Miami Gardens. She replied no, that it
was not said. Mr. Brimo stated the only agency that would entertain the idea of tearing down this
housing would be the Miami-Dade Housing Authority and whomever else they partner with. He
then stated that tonight's proposal is to change the land use of the property from a four story
designation to a two story only not to demolish their housing. Mr. Cruz stated that she needs to
contact the Miami-Dade County Housing Authority because the City of South Miami has no
jurisdiction over South Miami Gardens.
NAME
Eulogia Rodriguez
ADDRESS
South Miami Gardens
SUPPORT/OPPOSE
Opposed
A Spanish speaking resident of South Miami Gardens made comments that Mr. Cruz translated
for the Board. She is speaking for the Hispanics in these units and she also does not want the
units tom down. She stated that there was a notice left on her door that there was a demolition
being considered and she was told to come to this meeting to have her say. Mr. Cruz stated that
this is where the confusion is. He then explained that the City of South Miami has no plans or
jurisdiction to demolish their property.
NAME
Levi Kelly
ADDRESS SUPPORT/OPPOSE
Mr. Kelly extended apologies to the Board. He stated that there have been rumors circulating
regarding the demolition of these units by Miami-Dade County.
NAME ADDRESS SUPPORT/OPPOSE
Simon Codrington Jr
Mr. Codrington Jr. urged the Planning Board to remain consistent with the requests made in
Charette 2 when making their decisions regarding these proposals. He also stated that the
residents of South Miami do not want to be gentrified. He stated that we have an opportunity
here to get some really good things done in the community. He then stated that the exhaustive
process of discussions held by the residents stating their views, then it is presented to the City
Commission, and then sent to the Planning Board, then back to the City Commission; this
process is not in good faith keeping with Charette 2 which is what has the people frustrated.
The Chairman Closed the Public Hearing.
Motion: Mr. Cruz motioned to deny the proposed item. This motion was seconded by Mr.
Vitalini.
Vote: Approved: 5 Opposed: 1
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Mrs. Beckman: No
Mr. Whitman: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Dr. Philips: Yes
Mr. Cruz: Yes
V. Approval of Minutes:
Planning Board Minutes of February 28, 2012 -The Board members reviewed the minutes
and were in favor of approval of the minutes with no changes.
Planning Board Minutes of March 13, 2012 -The Board members reviewed the minutes and
were in favor of approval of the minutes with no changes.
Motion: Dr. Philips motioned for approval of the minutes as presented. This motion was
seconded by Mr. Cruz.
Vote: Approved: 6 Opposed: 0
Mrs. Beckman: Yes
Mr. Whitman: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Dr. Philips: Yes
Mr. Cruz: Yes
VI. Future Meeting Dates: Tuesday, April 24, 2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:38 PM.
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