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20South Miami bex. CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM rrrrr To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager (1 From: Christopher Brimo, AICP nn \;/ Planning Director \':Yj Date: July 24,2012 ITEM N oo-=_----'==___ SUBJECT: An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010 SUMMARY OF REQUEST The subject application is a Comprehensive Plan Future Land Use Map amendment that was originally initiated at a workshop held by the City Commission on April 12, 2011. At the workshop, it was decided that the new future land use map category entitled "Religious (Two-Story)" be created so that religious uses would no longer belong as a sub-category to Public/Institutional Uses. On November 1, 2011 the new comprehensive plan category "Religious (Two-Story) was adopted by the City Commission on final reading [Ordinance 35-11-2108] and transmitted to the State Department of Economic Opportunity (formerly the Department of Community Affairs). At a City Commission meeting in March 2012, it was requested that the text amendments for religious institutions be moved to the Planning Board, acting in its capacity as the Local Planning Agency (LPA), for application to specific properties on the City'S Future Land Use Map. CURRENT LAND USE MAP CATEGORY The land use category on the City'S Future Land Use Map and that is currently in the Comprehensive Plan reads as follows: Public and Semi Publie Institutional Uses (Four-Story) The public and semi public institutional land use category is intended to provide for public schools, municipal facilities, utilities, and churches, temples, synagogues and similar uses. Areas designated public and semi public institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional semi public uses on sites not so designated by this plan. Schools are hereby meant to be institutions of general education offering kindergarten through RtH grade education or some substantial portion thereof. Building heights shall not exceed the average of the maximum permitted in the sUHounding zoning districts, but in no case shall a building exceed four stories. (97-1 ER) 2001 Page 2 SITE ANALYSIS COMPREHENSIVE LAND DEVELOPMENT ACTUAL USE PARCELS PLAN EXISTING LAND CODE EXISTING USE CATEGORY ZONING DISTRICT NORTH PUBLIC INSTITUTIONAL PI; LO CHURCH AND OFFICES AND OFFICE SOUTH SINGLE F AMIL Y RS-2 SINGLE F AMIL Y HOMES RESIDENTIAL/OFFICE/ INSITUTIONAL EAST PARKS AND PUBLIC PR; PI LUDLAM ELEMENTARY INSTITUTIONAL WEST SINGLE FAMILY RS-2 SINGLE F AMIL Y HOMES RESIDENTIAL Compatibility of Use: The property fronts on SWS 67 Avenue with a secondary entrance on Sunset Drive, and is bounded by single family residential, institutional (school) and on the north of Sunset, other religious uses and offices. The property consists of the main church building, two out buildings, green space and surface parking. Compatibility of DensitylHeight: The property size is 3.44 acres (mol). The existing land use map category and the existing zoning district would allow several uses, indicated below. The proposed future land use map category will only allow for religious facilities with a maximum building height of two-stories, and could also permit other ancillary uses implemented by the category. 20-3.3 (D) -Permitted use schedule. USE TYPE ZONING DISTRICT R R R R R R R L R R L M N S G M T T T T T H P P C P S S S S S T T R M o 0 0 R R R U 0 0 0 0 0 I R 0 A 1 2 3 4 5 6 9 M 2 A D D D D D N R 1 4 H D D D D D D K 8 M M L P P U U I I R 4 5 4 f>lJ~iJ~ANOIN~tITOTIONAL U~E~~;i c :"····.·,·<>··/.1!~ 'n: ·;;,<,';31j :};',> ;;;' ... , ...• '\ .. ' '; ... ;, ' .. < ,\;.:} .. . . Adult Congregate Living Facility S S S S S S 13 1 Church, Temple or Synagogue S S S S S S S 1 6 Convalescent Home P P P P P P 13 Day Care Center (7 or more children) P P P P P P P P P P P P P 10 Early childhood child care, Pre-K, Pre-School P P P P P P P P Fraternal Organization or Private Club S S S S S P P P P S S 2 7 Governmental Administration P P P P P P P P P P 10 Hospital S 14 5 Mobile Pet Grooming Service P P P P P P P P P -- Museum, Library or Art Gallery P P P P P P P P P P 12 Park or Playground, Public P P P P P P P P P P P P P P P P P P P P School, Elementary or Secondary S S S S S S S 23 12 School, Private or Charter S S S S S S 23 12 School, Vocational S S S S S S 23 12 Social Services Agency S S S S S S S S S S 10 Z;ICommission ltemsI201217-24-12IUniversity Christian Church FLUMIUniversity Christian FLUM Amendment_CM rep0l17-24-12.doc Page 3 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. For purposes of this report, presented below is a summary of the projected impact of the proposed land use map category on public facility capacity. a) Park/Recreation Facilities Level of Service (LOS): City Comprehensive Plan: 4 acres per 1000 pop. No Impact b) Schools o students; No impact. c) Solid Waste o lbs /day; No impact. d) Wastewater (Sewer) o gallons/per day; No impact e) Potable Water o gallons/per day; No impact f) Traffic/Streets o trips added; No impact FUTURE LAND USE CATEGORY Religious (Two-Story) The "religious uses" land use category is intended to be applied to development projects and properties providing religious facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts. Areas designated religious should not be used for other purposes without an amendment to this plan. Zoning regulations could permit religious uses on sites not so designated by this plan. Building heights shall not exceed the average of the maximum permitted in the surrounding zoning districts, but in no case shall a building exceed two stories. 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 which could be applied to areas that specifically require medical services. 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; c. Consistent with the Dimensional Requirements for Non-Residential Districts, Section 20-3.5(G) of the Land Development Code; 3. The maximum density for the new land use category shall be as per the following sub-parameters: Z:ICommission JtemsI201217-24-12IUniversity Christian Church FLUMIUniversity Christian FLUM Amendment_ CM fepOli 7-24-12.doc Page 4 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 Non-Residential Districts, Section 20-3.5(G) 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. 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 "PI" Public Institutional allows for religious institutions (churches) as a special use, requiring a special use review and approval. However, the zoning district does not have specific dimensional requirements and may need to be amended to an "R", Religious Zoning District. Please refer to Section 20-3.1(B)(28) below. Staff is currently reviving options to address a "possible" new district, which reflects the intent ofthe Religious land use category. Current Land Development Land Development Code 20-3.1 (B)(28) -Public/Institutional PI" Public/Institutional District: The purpose of this district is to provide for schools, governmental facilities, utilities and churches and similar uses, with building heights and intensities compatible with surrounding districts. This district is appropriate in areas designated "Public and Semi-Public" on the city's adopted Comprehensive Plan. STAFF OBSERVATIONS 1. The proposed amendment was recommended in the 2006 Evaluation and Appraisal Report, and is consistent with the adopted report (as amended). 2. A rezoning of the property may be required to change it from the existing Public Institutional zoning district to a Religious zoning district. A religious zoning district has not yet been established and will require Planning Board review and recommendation prior to Commission approval. 3. The land use amendment and a subsequent zoning district change will formally recognize the City's efforts and citizen participation in assuring the continued compatibility of religious institutions with the surrounding residential neighborhood. 4. The impact of the proposed land use map category change will be insignificant as it pertains to public facilities including traffic, waste collection, water and sewers. 5. Whenever a proposed change effectively makes the land use and zoning more restrictive, there is always the possibility that the property owner could file a legal challenge under Florida's Bert Harris Act. Z:ICommission Itcmsl20 J 217 -24-12IUniyersity Christian Church FLUMIUniyersity Christian FLUM Amendment_ CM report 7-24-J 2.doc Page 5 Background of Bert Harris Act The Bert J Harris, Jr. Private Property Rights Protection Act of 1995 created a new cause of action for an aggrieved property owner who demonstrates that governmental action "inordinately burdens" his property. The Act provides: The terms "inordinate burden" and "inordinately burdened": Mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposedfor the good of the public, which infairness should be borne by the public at large. [70.001 (3)(e)1. Florida Statutes (2012) -Private property rights protection) The following is a time line as it relates to this property. University Christian Church -6750 Sunset Drive • 1957 a variance is granted to the required grade to construct the church • 1971 the property is zoned RB-2 (residential buffer district -townhomes) • 1988 Future Land Use Map (FLUM) designation as Public Institutional (4-story) • 1989 zoning map indicates the property is zoned Public Institutional • 1997-Present the property has a FLUM designation of Public Institutional (4-story) • July 2006 First Baptist sells the property to Fellowship Church • 2011 Commission adopts new Religious future land use plan category • 2012 Local Planning Agency recommends application of "R" category to FLUM • Currently Zoned Public Institutional; staff is reviewing proposed Religious zoning category regulations for possible application. RECOMMENDATION Staff recommends that if the Commission wishes to proceed with the application of the Religious land use category, it should also be aware of the potential for a legal claim under the Bert Harris Act. Additionally, if the land use map is amended to the new category, then the Commission should consider approving a new or amended zoning designation that reflects the intent of this land use category. It may be appropriate to wait for the final adoption of the land use until such time that the zoning is also in place to avoid creating a nonconforming condition between the land use and zoning. Z:ICommission JtemsI201217-24-12IUniversity Christian Church FLUMIUniversity Christian FLUM Amendment_ CM rep0I1 7-24-12.doc Page 6 Subject Property Existing Zoning ~~ .~ 6890 6880 ~ BaIJo Pi PR @ GIS(} !;; /222 f! 11'" 7301 1300 Pi 7250 ~ ~ ~ 1300 I l! 8 ····5W74T " .~- 2 ~ @ '" !;; !;; 7441 2 Z:ICommission JtemsI201217-24-12IUniversity Christian Church FLUMIUniversity Christian FLUM Amendment_CM report 7-24-12.doc MAP LEGEND F~' tJ City Boundmy r::J CRA. Bonndmy Single-Family Residential (Two-Story) Duplex Residential (Two-StOly) 1,000 , \\<i{51 Townhouse Residential (Two-StOlY) MUltiple-Family Residential (Four-StOly) Residential! Limited Com. District (Two-Story) Mixed-Use Commercial Residential (Four-Story) TO. D.o. (4+4-Srory) COlllmercial Retail & Office (Two-StOly) Residenrial Oftke (Two-StOly) Educational (FOIll'-StOlY) Public and Institutional (Folll'-StOlY) Parks and Open Space Attachments: Ordinance 35-11-21 08 Planning Board Minutes ~8THSr 'B ~ ill "i -.:~ 6801 1h ~ ~ 18 g <li -~-SW 6~ljrER ~f ~ ~ ~ ~ ~ ~ ~'! ~ 18 I t3 8)'6'T SW 69TH T!'lL.. .. , 6925 '" 6'l~' ~ '.. ~ _~W6iiTi;'0r ,z> 7001 12 I.~ 7045 ~ I , 1~'I!l lOS' 7040 t i 7101 ~ 7100 -! I~ ~ ~ i ~ SUNSET DR SW 72ND ST 6890 6880 cI :t; --- 6800 7211 :r !§ 1250 ~ 6896 ,- liE ,< I: ~ td 7301 7300 .<0 7250-$: <J> ~ 6795 ~ ~ 7300 g i'! Z:ICommission ltemsI201217-24-12IUniversity Christian Church FLUMIUniversity Christian FLUM Amendment_CM report 7-24-12.doc Page 7 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 Public 6 Institutional (Four Story) to Religious (Two Story) for an area identified as 6750 7 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010. 8 9 WHEREAS, the Florida Legislature intends that local planning be a continuous 10 and ongoing process; and 11 12 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to 13 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate 14 policy guidance for growth and development; and 15 16 WHEREAS, on April 12, 2011 at a City Commission workshop, it was decided 17 that the new future land use map category entitled "Religious (Two-Story)" be created so 18 that religious uses would no longer belong as a sub-category to Public/Institutional Uses; 19 and 20 WHEREAS, on November 1, 2011 the new comprehensive plan category 21 "Religious (Two-Story) was adopted by the City Commission on final reading 22 [Ordinance 35-11-2108]; and 23 24 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on June 25 19, 2012 after public hearing, adopted a motion by a vote of 5 ayes and 1 nays 26 recommending that the City Commission amend the Future Land Use Map for the 27 property described in Section 1. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 30 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 31 32 Section 1. The City Commission hereby a Future Land Use Map 33 Amendment changing the future land use map category from Public Institutional (Four 34 Story) to the category Religious (Two Story), for an area identified as 6750 Sunset Drive 35 (University Christian Church) Folio: 09-4035-000-0010. 36 37 Section 2. All ordinances or parts of ordinances in conflict with the provisions of 38 this ordinance are hereby repealed. 39 40 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 41 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 42 shall not affect the validity of the remaining portions of this ordinance. 43 44 Section 4. This ordinance shall be effective immediately after the adoption 45 hereof. 46 1 2 PASSED AND ADOPTED this _____ day of ______ 2012. 3 4 5 ATTEST: 6 7 8 CITY CLERK 9 1 st Reading: 10 2nd Reading: 11 12 13 READ AND APPROVED AS TO FORM 14 LANGUAGE, LEGALITY AND 15 EXECUTION THEREOF: 16 17 18 19 CITY ATTORNEY 20 APPROVED: MAYOR Commission Vote Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh ORDINANCE NO. 35-11-2108 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 Eiement in order to adopt a new future land use map category entitled "Religious (Two-Story)," which could be applied to development projects and properties providing religions facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding. districts; providing for severability, providing for ordinances in conmct; 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 advertised worksh-op 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 5 ayes 1 nay recommending approval as presented of the proposed amendment; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CiTY OF SOUTH MIAMI, FLORIDA, THAT: . . Section 1. The City Commission hereby approves amending the Comprehensive Plan Future Land Use Element by adopting a new future land use map category entitled "Religious (Two-Story)," whiCh shall be included in Chapter 1 Future Land Use Element and shall read as follows: Religious (Two-Story} The "religious uses;' land use category is intended to he applied to development proj'ects and properties providing religious facilities and could also permit other ancillary uS'es implemented by the category, with building heights and intensities compatible with surrounding districts. Areas designated religious should not be used for other purposes without an amendment to this plan. Zoning regulations could permit religious uses on sites not so designated bv this plan. Building heights shall not exceed the average of the maximum permitted in the surrounding zoning districts, but in no case shall a building exceed two stories. Ord. No. 35-11-2108 2 Permitted heights, densities, and intensities shan be set forth as part of a corresponding zoning use district in the Land Development Code subject to the following maximum levels of development: illa.'dmum building height oftwo stories. Section 2: Severability. If any section} clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and the word "ordinance'f may be changed to "section" or other appropriate word. Section 4:. Ordinances in Conflict. All ordinances or parts of ordinances and ali 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 ~en 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 timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a fmal order detennining 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 finar 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. Ord. No. 35-11-2108 3 PASSED AND ADOPTED this1 s t day of November ,2011 ATTEST: ~ 1st Reading: 5 3/11 . 2nd Reading: 1/1/11 APPROVED: Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea PropeJiy Information: ~ ..... '.' " Folio 09-4035-000-0010 Property Address 6750 SUNSET DR Owner Name(s) UNIVERSITY CHRISTIAN CH OF SOUTH MIAMI Mailing Address 6750 SUNSET DR SO MIAMI FL 33143-4514 Primary Zone 8000 GOVERNMENT & INSTITUTIONS Use Code 0044 RELIGIOUS Beds/Baths/Half 01010 Floors 1 Living Units 0 Adj; Sq. Footage 15,822 Lot Size 3.44 ACRES Year Built 1957 Legal Description 35 54 40 3.44 AC N1/2 OF NE1/4 OF NE1/4 OF NE1/4 LESS W132FT & LESS E35FT & LESS N50FT FOR RJw ;11,,7 '~]:<';;.i':;i~~l~iip'R;'%;;.;~;l\;i.:;;\·:;ii:!:;J}l},i'i~!:~!l~;:·"'i'!;;':;~;;;!·}i·;;:' Current Previous Year 2011 2010 Land Value $860,000 $1,035,440 Building Value $1,542,572 $1,557,955 MarkelValue $2,402,572 $2,593,395 Assessed Value $2,402,572 $2,593,395 :~*~mPl!(,)ltnflfbrma~iq~~'; .'."':;";)5':;;'; • ••• ,·i'.;;;;;' ... · Current Previous Year 2011 2010 Homestead $0 $0 2nd Homestead $0 $0 Senior $0 $0 Veteran Disability $0 $0 Civilian Disability $0 $0 Widow(er) $0 $0 Disclaimer: Year MIAMI-DADE COUNTY OFFICE OF THE PROPERTY APPRAISER PROPERTY SEARCH SUMMARY REPORT Current Honorable Pedro J. Garcia Property Appraiser Aerial Photography 2010 Previous 2011 2010 ExemptionlT axable ExemptionlTaxable County $2,402,572 I $0 $2,593,395 I $0 School Board $2,402,572 I $0 $2,593,395 I $0 City $2.402,572 I $0 $2,593,395 I $0 Regional $2,402,572 I $0 $2,593,395 I $0 $aIEi;If1i(jtm~tion: ..•...• ,.,.> .;;;\;;;>;.; ::;:.;;';:'; The Office of the Property Appraiser and Miami-Dade County are continually editing and updating the tax roll and GIS data to reflect the latest property information and GIS positional accuracy. No warranties, expressed or implied, are provided for data and the pOSitional or thematic accuracy of the data herein, its use, or its interpretation. Although this website is periodically updated, this information may not reflect the data currently on file at Miami-Dade County's systems of record. The Property Appraiser and Miami-Dade County assumes no liability either for any errors, omissions, or inaccuracies in the information provided regardless of the cause of such or for any decision made, action taken, or action not taken by the user in reliance upon any information provided herein. See Miami-Dade County full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp. Property information inquiries, comments, and suggestions email: pawebmail@miamidade.gov GIS inquiries, comments, and suggestions email: gis@miamidade.gov Generated on: Tuesday, July 17, 2012 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes EXCERPT Tuesday, .lLme 19, 2012 City Commission Ch~mbe.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 7:37 PM. 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), Mrs. Beckman, Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini. Board Member absent: Mr. Cruz (Vice-Chairman). City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: None City Attorney: Mr. Thomas Pepe. III. Administrative Matters There are no administrative matters at this time. IV. Public Hearings PB-12-016 Applicant: City of South Miami Location: 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010 An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010. Mr. Vitalini read the item into the record. Z:\PB\PB Minutes\20 12 Minutes\lune\PB-12-016 -Final Regular Meeting Minutes Excerpt -06-19-12.doc Page 1 of 4 Mr. Brimo presented the item to the Board. The Chairman Opened the Public Hearing. NAME David Morton ADDRESS 6465 Sunset Dr. SUPPORT/OPPOSE Support Mr. Morton stated that he feels that the information should be archived so this is mainly a research issue and this will resolve some of the questions regarding ownership. He then stated that he would like to see this change to a two story but any potential increase in usage will have a negative impact on the immediate area. He also stated a concern of an increase in traffic. NAME Angela Fiffe ADDRESS 7381 SW 67 Ct. SUPPORT/OPPOSE Support She stated that the changes should have been archived and this a research issue. She then stated that she is echoing the previous statements that were made. NAME ADDRESS SUPPORT/OPPOSE Hector Fernandez 6627 SW 63 rd Terr. He stated that the proposal is to change the Comp Plan but the underlying zoning has always been limited to a two story designation. Dr. Whitman responded that it doesn't really specify it's ambiguous. He then stated that the plan is for staff to create a zoning district that coincides with the future land use category. NAME Tony Livingstone ADDRESS 7340 SW SUPPORT/OPPOSE He stated that progress is always good in the right direction. He also stated that a building two stories or higher on the lot line may change the view of the horizon this may impact the neighboring residents. NAME Hector ADDRESS 7300 SW 67 Ct. SUPPORT/OPPOSE Support He stated that he is in favor of this change any increase in the number of stories will impact the neighbor hood. The Chairman Closed the Public Hearing. Motion: Dr. Philips motioned for approval as presented. This motion was seconded by Dr. Hauri. Z:\PB\PB Minutes\20 12 Minutes\June\PB-12-0 16 -Final Regular Meeting Minutes Excerpt -06-19-12.doc Page 2 of 4 Vote: Approved: 5 Opposed: 1 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Vitalini: Yes Dr. Rauri: Yes Mr. Dundorf: No V. Approval of Minutes: Planning Board Minutes of April 10, 2012 -The Board members reviewed the minutes and were in favor of approval of the minutes with minor changes. Motion: Dr. Whitman motioned to approve the April 24, 2012 Minutes. This motion was seconded by Mrs. Beckman. Vote: Approved: 5 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Rauri abstained from the vote due to her absence from this meeting. Planning Board Minutes of May 8, 2012 -The Board members reviewed the minutes and were in favor of approval of the minutes with no changes. Motion: Mr. Vitalini motioned to approve the May 8, 2012 Minutes. This motion was seconded by Mr. Dundorf. Vote: Approved: 5 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Motion: Mr. Dundorf stated that we sited in on only two of the churches by recommendation of the City Commission and recommended that we should cover all the churches within the City of South Miami and this also should apply to the hospitals as well. This motion was seconded by Dr. Rauri. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Z:\PB\PB Minutes\20 12 Minutes\June\PB-12-0 16 -Final Regular Meeting Minutes Excerpt -06-19-12.doc Page 3 of4 Dr. Hauri: Yes Mr. Pepe informed the Board that he did the research regarding items PB-12-01S and PB-12- 016 if the story designation is a taking. His findings were that it is not a taking because anyone who purchases property is on notice of future changes due to the Comp Plan and also zoning changes. VI. Future Meeting Dates: Tuesday, July 10,2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:50 PM. Z:\PB\PB Minutes\2012 Minutes\lune\PB-12-016 -Final Regular Meeting Minutes Excerpt -06-19-12.doc Page 4 of 4