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12South Miami tr.ttd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ;'Oir To: Via: From: Date: Subject The Honorable Mayor Stoddard and Members of the City Commission Hector Mirabile, Ph.D., City Manager f 1 c. hristopher Brimo, AICP plY) / Planning Director V / July 24, 2012 ITEM NO .. ___ L-....lIlEC.jj"""-_ An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category of two parcels from Single-Family Residential(Two Story) to Mixed Use Commercial/Residential (Four-Story) for an area identified as Madison Square; the properties more specifically described as 6443 SW 60 Avenue; Folio # 09-4025-010-0050; and 6443 SW 59 PL; Folio # 09-4025-010-0320. SUMMARY OF REQUEST The subject application is a Comprehensive Plan Future Land Use Map (FLUM) amendment being initiated by the City (Local Planning Agency) at the request of the Community Redevelopment Agency (CRA). Thirteen properties within the Madison Square development and under the ownership of the City of South Miami CRA, and are currently designated as Mixed use Commercial/Residential (Four Story). The remaining two parcels that are also a part of the development proposal are still designated as Single Family Residential (Two Story). The land use amendment is necessary to proceed with the development of this assemblage. 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 2001 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. 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 the former Florida Department of Community Affairs (DCA). The document adopted in 2007 contained the proposed Future Land Use Category entitled "Neighborhood Center/Mixed 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 (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. On October 5, 2010 a "Mixed-Use Affordable Housing (Two Story)" category was adopted by the City Commission. On October 19, 2010 the Commission reviewed and adopted an ordinance applying this new map category to 13 parcels that are part of the Madison Square Development Project (Ord. 43-10-2068). These items were transmitted to the then Department of Community Affairs pursuant to Chapter 163, F.S. in November 2010 as a small scale amendment. On May 9, 2011 the City received a letter from the state that the amendment package failed to qualify as a small scale amendment pursuant to the requirements Chapter 163.3187(1)(c), F.S., and the City should rescind the Ordinance and resubmit during the next large scale amendment cycle. It is important to note that the Mixed Use Affordable Housing future land use category was never applied to the Madison Square project. In May 2011 the Local Planning Agency and the City Commission began reviewing a subsequent land use category "Mixed-Use Commercial/Residential (Two Story)". In November 2011 the Commission adopted and transmitted this new land future land use map category. This category has not been applied to any specific properties. The current future land use map designation for the original 13 Madison Square properties remains as "Mixed-U se Commercial/Residential (F our Story)". On April 24, 2012 the Planning Board acting in its capacity as the Local Planning Agency held a public hearing (PB-12-012) to discuss the proposal to change the land use designation of the two remaining single family residential lots making them consistent with the rest of the project land use of Mixed-Use Commercial Residential (Four Story). The debate on map change centered around the ultimate development proposal for Madison Square. The proposed map amendment for the two remaining parcels did not receive a majority recommendation; with 3 ayes and 3 nays. The Commission may recall there has been recent discussions at both the Planning Board and Commission to amend the comprehensive plan text and map categories, to possibly eliminate the reference to "stories" and replace them with density and floor area ratio (FAR) maximums. Staff is reviewing these potential changes. PROPOSED FUTURE LAND USE MAP AMENDMENT Mixed-Use Commercial/Residential (Four-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 with an emphasis on mixed-use development that is characteristic of traditional downtowns. Permitted heights and intensities shall be set forth in the Land Development Code. Regulations regarding the permitted height, density and intensity in zoning districts for areas designated as mixed-use commercial/residential shall provide incentives for transit-oriented development and mixed-use development. Zoning regulations shall reinforce "no widenings" policy set forth in the Transportation Element by encouraging use of MetroRail system. Pursuant to the recommendation by the Department of Community Affairs to include a Floor Area Ratio (F.A.R.) in the Comprehensive Plan (as opposed to the provisions in the Land Development Code), the City adopts a F.A.R. of 1.6 for this land use category which is the existing F.A.R. in the Land Development Code for the corresponding zoning district. In addition, the City adopts a maximum residential density of 24 dwelling units per acre. In order to ensure a mix of uses, the City requires that a minimum of two of the above uses must be developed within this category. For residential projects, at a minimum, at least one floor must allow retail. For retail projects, at a minimum, at least one floor must contain residential or office. For office projects, at a minimum, at least one floor must contain residential or retail. SUMMARY OF THE MADISON SQUARE SITE The Madison Square site consists of fifteen (15) parcels, including the two (2) proposed FLUM amendments being presented for review, that were acquired by the Community Redevelopment Agency between 2006-2010. Currently, the project will be built on approxImately 1.44 acres (mol). The overall goal of the project is to provide a maximum number of housing units in a mixed use complex with compatible retail and office uses. c:::l ('.Iyn .. l~:- [] ('R<\i~fM) Parcels North South East West , ""lUg!..:.r .... "'1y R,,~hk1tli"" (I", .. ~,"I:-·) ~~ n"'rt"" .. R.:~>k.l""lfl\\.>· .. I .. 'fyl • r ...... nb.Klw R'::H.km~1 {'''' .... s'''''J) I • .\i .... ,hl;!,,·r ,,1fl"l~ R .... ~nti.tl (r~'lH'~l"'ry) ~ K.:,."t.."lIIt,,11 t 'Oll(~"<.! (","n. Ih~III .. ' \ J\\,"S""") 1 III \h"cd·l :~.: l ">tmlh:Kul k'''l..t«lll,d II \>Ut-!'o«\f)") : • lUnn,-I,J..Sr .. ..,.·) • (",,",It.:f.: •. ~1 R("I~i' k 0(11..< ~ hH'-~I'>{Y) ~:k~ R ..... f<J"nlul C ~Ok" < f\\,,-Stt>J») ~ r.R,..,ui~'Cul II ""I-S"'I) I I'l f'uhl", au..! rn~~lt\lu.m .. 1 (f ,'ur'!\I."~) • P"'!..:".&n..tl~n~f·~l! Comprehensive Plan Existing Land Use Category Mixed Use Commercial/Res (four story); Single-Family Residential (two story) north of SW 64th St. Single Family Res. (two story) Mixed Use CommerciaVRes (four story); and Single Family Res. (two story) Single Family Res, (two story) and Mixed Use CommerciaVResidential (four story) o Madison Square seMap Land Development Code Actual Uses Existing Zoning District NR -Neighborhood Retail Single family homes; RS-3, RS-4 Single Family Res. commercial; vacant lots; north of SW 64th St. parking ~ot. RS-4 Single Family Res; CS-OV Single family homes; vacant Community Service Overlay lots; church/parking NR Neighborhood Retail & RS-Single family homes; vacant 4 Single Family Residential lots; church parking. RS-4 Single Family Res. & NR -Single family homes; vacant Neighborhood Retail lots; r __ ~l.~~ \~r~f~ $f.;t;;fWt~ ~rW,~ JO!\Ml\M~ tF.lfttWt·!~ tc.{'tffltJ"'-A1Wi ~~'dI!.\AJ'~ lOCO n~(hd;!<j~d~ ....... -t~OI'i«o """-"'" ----\¥«~1l1UI !{X1)I1RJ"i~IJs8' 1(((JIUJ.sI~IM~ ftX(lIU.~1 hft~4 Tot:()\l'tl 1\t«'1r&thN 1C(()[fRI''Q1~'~ . -Pf!\tJ(,~ f1tP.rt14~ PUC f\nllldl,ko¢~ Nl-._ fWl.l~V-A PI,O-tll~,t:t mlfD..OVt~(".\o..tcd~ L'.;](S4V ~$troll:(-(tMJI IIHf'.QY H9n;Pr;.:-«olffll~ __ Original 13 Madison Square Parcels 2 Parcels Proposed to be i\mended Compatibility of Use: The project area consists of an assemblage of 15 total lots in two blocks, separated by SW 59th Place. The proposed development area is separated from the properties to the north by SW 64 Street. The project abuts single family homes on the southern extent of the western development block, and a small commercial use in the north-east comer of that block. The project also abuts religious uses on the eastern block of properties that have a land use designation of Single Family Residential. Both blocks are also adjacent to other single family development and religious institutions, separated by public rights-of-way. 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. IMPACT ANALYSIS Madison Square (Two Parcels -6443 SW 60 Avenue and 6443 SW 59 PL) 11,375 square feet /0.26 acres Future Land Use Map (FLUM) change proposed From: Single Family Residential (Two Story) To: Mixed Use-Commercial Residential (Four Story) Residential density From: 7 dwelling units per acre (UP A) To: 24 dwelling units per acre Difference: 17 UP A Levels of Service (LOS) Recreation Population per household established in 2010 Census as 2.75 persons per household 0.26 acres x 24 dulac x 2.75 people per dwelling unit = 17 people Recreation LOS = 4 acre ofland per 1,000 population 17 people will require an additional 0.068 acres of Recreation land Based on the 2010 Census and 2011 Estimates of Population there is a deficiency of 4.9 acres of recreation land if you discount the metropath. Potable Water 17 additional people @ 155 gallons/capita/day = 2,635 gallons per day Increase Sanitary Sewer/Septic Tank County Sewer System or septic tank if County not available (Pump station no. 177 capacity was increased in February 2012) Solid Waste 17 additional people at 7 pounds of solid waste/capita/day = 119 pounds per day Increase Stonn Water Drainage No net increase in runoffpennitted Difference: Roth have the same impact. Transportation The entire City is within a Transportation Concurrency Exemption Area Difference: Both have the same impact. Public Schools Miami-Dade schools facilities planning department calculates any proposed increase in multifamily dwelling units for school concurrency compliance. Compatible with Comprehensive Plan. LAND USE ELEMENT 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 1.1 Objective 1.3 The City shall support public and private efforts to provide at least 100 additional housing units, and aspire for the creation of 200 additional units, by 2015. Additionally, the City shall seek to provide an adequate supply of housing units that are affordable to households of all incomes, including the middle income sector, in proportions that are reflective of housing demands and needs in residential projects and communities. 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. FUTURE REZONING The approval of the proposed Future Land Use Map amendment is a pre-requisite for the proposed Madison Square development. In addition, a future zoning district change will be required to facilitate the development project as proposed. The current zoning district of "NR" Neighborhood Retail does not allow residential development except as a Planned Unit Development -Residential (PUD-R). The current development proposal that includes the two blocks of property along SW 64th Street, does not have the minimum 2-acres (net) required by the City's Land Development Code to proceed as a PUD-R development. Existing residential development in the NR zoning district would be considered nonconforming. In October 2010 the City Commission approved a new companion zoning district entitled Mixed-Use Affordable Housing "MU-AH" (Ord. 34-10-2059) at 2-stories and 24 units per acre, that was proposed to be applied to the Madison Square project. Similar to the previously proposed land use amendment, this new zoning category was never applied to these properties or the zoning map, however it is a part of the current land development code Section 20-3.5(F). In the fall of 2011 the City Commission suggested that staff consider a three-story transitional zoning district that potentially could be applied to developments such as Madison Square. The Planning Department working with the City's planning consultant, developed a draft proposal for a new zoning district that was presented for preliminary review to the Board for consideration. The proposed zoning district is titled Neighborhood Mixed Use "NMU" (Three-Story) and reflects the requirements of the Mixed Use Commercial Residential (Four Story) future land use category. This proposed zoning category also received a preliminary review by the CRA Board, with a favorable response from those present. The proposed NMU zoning category is dependent on final review by the Planning Board, and review and approval by the City Commission. OPTIONS A land use amendment is required to address the two remaining parcels needed to implement the Madison Square project, as proposed. It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) be amended from the Single Family Residential category to Mixed Use-CommerciallResidential category for the properties listed in the attached ordinance. In order to facilitate the development of residential as a part of this project, FLUM amendment will have to be followed by the adoption and application of an appropriate zoning category to replace the current NR -Neighborhood Retail; i.e. the proposed NMU -neighborhood mixed use (three story), the MU-AH -mixed use affordable housing (two story), or the SR -specialty retail. Attachments: Draft Ordinance Draft NMU Proposal Ordinance 34-10-2059 Ordinance 43-10-2068 Ordinance 38-11-2111 Planning Board Minutes Z:\Commission Jtems\2012\7-24-12\Madison Sq FLUM_2 parcles\Comp Plan FLUM Amend Madison S~2 parcels CM Report 7- 24-12.doc 1 ORDINANCE NO. ___ _ 2 An Ordinance amending the Future Land Use Map of the South Miami 3 comprehensive Plan by changing the future land use map category from Single 4 Family Residential (Two Story) to Mixed Use Commercial Residential (Four Story) 5 for an area identified as 6443 SW 60 Ave. Folio# 09-4025-010-0050; 6443 SW 59 6 Place Folio# 09-4025-010-0320 in conjunction with the Madison Square 7 development project. 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, The Planning and Zoning Department working with the Community 17 Redevelopment Agency (CRA) prepared a new Future Land Use Map Category which 18 could meet the needs of the Madison Square Project and the concerns expressed by 19 Commissioners and other residents; and 20 21 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on April 22 24, 2012 after public hearing, adopted a motion by a vote of 3 ayes and 3 nays, thereby 23 recommending that the above described Future Land Use Map amendment should be 24 denied; and 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 27 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 28 29 Section 1. The City Commission hereby a Future Land Use Map 30 Amendment changing the future land use map category from the Single Family 31 Residential (Two Story) to Mixed Use-Commercial Residential (Four Story) for two 32 properties identified as a part of the proposed Madison Square Development Project 33 more specifically legally described as 6443 SW 60th Avenue (Folio No. 09-4025-010- 34 0050); and 6443 SW 59th Place (Folio No. 09-4025-010-0320). 35 36 Section 2. All ordinances or parts of ordinances in conflict with the provisions of 37 this ordinance are hereby repealed. 38 39 Section 3. If any section, clause, sentence, or phrase ofthis ordinance is for any 40 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 41 shall not affect the validity of the remaining portions of this ordinance. 42 43 Section 4. This Qrdinance shall be effective immediately after the enactment 44 hereof. 1 2 :1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ENACTED this _ day of ____ , 2012 ATTEST: CITY CLERK 1 sl 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: South Miami hAd fiiiP 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Meinbers From: Christopher Brimo, AICP Planning Director PB-12-013 Applicant: City of South Miami Date: April 24, 2012 Re: Proposed "New" Neighborhood Mixed Use District [NMU] Discussion of a proposed Neighborhood Mixed Use (NMU) three-story zoning designation to be used as a transitional zone between single family residential and four-story zoning districts, to be used in conjunction with the Madison Square development project. SUMMARY OF REQUEST At the request of the City Commission and the CRA Board, staff was asked to look at the potential for establishing a three-story transitional zoning district that could act as a buffer between two-story single family residential development and four-story uses, with the proviso that the structure tapers to two-stories adjacent to single family residential. BACKGROUND The City is currently processing land use amendments for two (2) additional parcels in the Madison Square Area with Mixed Use Commercial/Residential (Four-Story) land use in order to match the land use of the remaining Area lands that are part of the Madison Square Development Project. If these land use amendments are approved, the Madison Square site will be complete from a land use perspective with the Mixed Use Commercial/Residential (Four Story) designation throughout. The Madison Square Project has been proposed within the City's Community Redevelopment Area (CRA) for many years, but for a myriad of reasons has not yet developed. A local urban design firm was retained last year to evaluate various development scenarios and a series of community workshops were held to obtain public feedback. The most recent was Workshop #4 in August, 2011 where three (3) development scenarios were discussed. The scenarios ranged in residential density from 46 to 92 dwelling units. All options had relatively modest amounts of retail space. The current zoning of most of the Madison Square parcels is Neighborhood Retail (NR). Residential uses in the NR district are not permitted except as a Special Use under the PUD-R regulations. However PUD-R sites must be a minimum of two (2) net acres in size. The total size of Madison Square is approximately 1.44 acres, and thus does meet the size requirement. As noted above, the primary use in the workshop scenarios was residential. In addition, PUD-R restricts the floor area of retail and service uses to no more than 10% of the total residential floor area on the site, provided the project has at least 75 dwelling units. It is entirely possible that Madison Square will have less than 75 units. Lastly, NR only allows 2 story buildings and the workshop scenarios envisioned 3 story structures. In order to address this zoning obstacle, the Planning Department working wi~h the City's planning consultant (lIer Planning), is proposing the adoption of a new zoning district entitled "Neighborhood Mixed Use (NMU)." This new district would not only address the needs of Madison Square but also other potential tracts city-wide near residential areas. The proposed development parameters of this new district are provided below. PROPOSED NEIGHBORHOOD MIXED USE (NMID DISTRICT Purpose: The purpose of this district is to allow a tract ofland to be developed with a mix of uses under single ownership or unified control. Proposed NMU development must be compatible with surrounding neighborhoods. This district is appropriate in areas designated mixed use commercial/residential on the City's adopted Comprehensive Plan. Permitted Uses: Residential, specialty retail, office and personal services. Non-Residential Uses: Limited to no more than 25% of total floor area. Maximum Density: 24 dwelling units per net acre. Minimum Lot Size: One (1) net acre. Minimum Lot Frontage: 150 feet. Minimum Front Setback: 50 feet. Minimum Side Setback: 30 feet. Maximum Building Height: 3 stories, not exceeding 37.5 feet. Maximum Impervious Coverage: 80%. Maximum Floor Area Ratio: 0.70. Unity of Title: Required. Location: Frontage on a half-section or section line roadway. Properties Abutting Single-Family Zoning Districts. (1) Notwithstanding the dimensional requirements of the zoning use district in which a property is located, if that property is abutting (common border or separated by a right-of-way) to a single- family zoning district the maximum height of any new building or any vertical addition to an PB 12-013 Page 2 existing building on that property is limited to two stories, however, additional height may be obtained via the special use permit process as set forth in Section 20-5.8 . (2) Properties or projects constructed under a city approved Planned Unit Development Site Plan or projects subject to Development Agreements during the period that the Agreement is in effect, shall not be subject to the provisions of this section. In no case shall a project be rebuilt which exceeds the height, setback or density that was set forth in the Development Agreement or applicable Planned Unit Development Site Plan. (3) Properties presently existing and actually built on the effective date of this ordinance shall be grandfathered in and exempted from the provisions of this section and allowed to be rebuilt to the same height if they are destroyed by an act of God or other natural disaster. SUMMARY The City has a need for a mixed use district which will permit compatible, low-intensity development near and within single family areas. Current code districts allowing mixed use projects have many restrictions which are very difficult for most eligible sites meet. The key is to ensure that any mixed use development proximate to neighborhoods is an asset which enables greater convenience and opportunities for walking and biking to meet employment and personal needs. . RECOMMENDATION Staff recommends that the Planning Board approve the proposed NMU zoning district concept. The Planning Department will then prepare the necessary Ordinance amendments for Board review and recommendation, and City Commission review and approval. Z:\PB\PB Agendas Staff Reports\20 12 Agenda StaffReports\4-24-12\PB 12-013\NMU _3 Story_staff summary _ 4-20-12.doc PB 12-013 Page 3 ORDINANCE NO. 34-10-2059 An Ol'dinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20-3.1 entitled "Zoning Use Districts and Purposes" and amending Section 20-3.3(D) entitled "Permitted Use Schedule" and Section 20-3.5(F) entitled "Dimensional Requirements Multi-Family Districts" in order to create a "MU-AH", Mixed Use-Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development.projects providing affordable housing units and commercial uses; providing for severability, providing for ordinances in conflict; and providing an effective date. WHEREAS, the City's approved Evaluation and Appraisal Report adopted .by the City Commission on January 5, 2006 via Ordinance No. 01-06-1869 and approved by the Florida Department of Community Affairs on May 19, 2006, recommends that a Future Land Use Map category and a new zoning use district be created in order to be used for the Madison Square Development project which will incorporate both affordable housing and commercial/retail uses WHEREAS, the Planning and Zoning Department has prepared an amendment to the Land Development Code which creates a companion.zoning use district entitled '4MU- AH'\ Mixed Use-Affordable Housing (Two Story)" which would be used to implement the Madison Square Development project; and WHEREAS, the Planning Board at its August 31, 2010 meeting adopted a motion by a vote of 7 ayes 0 nay recommending approval of the proposed amendment; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20-3.1 entitled "Zoning Use Districts and Purposes" is hereby amended to add the following: (1) Section 20-3.1 Zoning use districts and purposes" * * * * * (B) District Purpose Statements. * * * * * (30) uMU-AH" Mixed Use-Affordable Housing (Two Story): The purpose of this district is to permit mixed use projects which combine affordable housing with a compatible mix of . retail, office, business or professional services and cultura"l/entertainment in a unified cohesively designed development. The residential component of developments in this district is mandatory and shall be limited to Ord. No. 34-10-2059 2 housing units which service the low to moderate income segment of the affordable housing group as defined by the U.S. Department of Housing and Urban Development. This district is appropriate in areas designated as Mixed Use- Affordable Housing (Two Story) on the City's Comprehensive Plan. Section 2. That Section 20-3.3(D) entitled "Permitted Use Schedule" is hereby amended as shown in the attached Exhibit "A" which shows the uses pennitted in the new MU-AH Zoning District. Section 3. That Section 20-3.5(F) entitled "Dimensional Requirements Multi- Family Districts" is hereby amended as shown in attached Exhibit "B" which shows the various dimensional standards including density, FAR, setbacks, etc. for the new MU-AH Zoning District. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. 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 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 5th ATTEST: ~a-~ CITY CLERK 1 st Reading -9/21 / 1 0 2nd Reading -1 0/5/1 0 READ AND APPROVED AS TO FORM AND SUFFICIENCY: day of October, 2010 MAY R COMMISSION VOTE: Mayor Stoddard: ~~ Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: (New wording in bold and underlined; wording removed in .u. ike I~t) X'IComm ItemsI20JOI9-21-JOILDC Amend MU-AH Zone District Ord.doc 5-0 Yea Yea Yea Yea Yea 1 ORDINANCE NO. 43-10-2068 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 Mixed-Use Commercial Residential (Four Story) to Miud Use-Affordable Housing (Two Story) fpr an area identified as a part of the proposed Madison Square Development Proje~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 governments 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 reconunendation of the Local Planning Agency and enact the aforesaid amendment. Ord. No. 43-10-2068 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: J Section 1. The City Commission hereby approves a Future Land Use Map Amendment changing the future land 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 of SW 64th Street and SW 60th Avenue and the southeast comer of SW 64th Street and SW 59th Place more specifically legally described as: FOLIO ADDRESS 094025-01.0-0.01.0 5978SW64 ST .094.025-.01.0-.0.03.0 6415 SW 6.0 AVE .094.025-.01.0-.0.04.0 6429 SW 6.0 AVE .09-4.025-.01.0-.0.02.0 .094.025-.01.0-.014.0 .094.025·.01.0-.016.0 642.0 SW 59 PL .094025-.01.0-017.0 .09-4.025-.0 1 .0-.0 18.0 6442 SW 59 PL .09-4.025-.01.0-.028.0 64.01 SW 59 PL .094.025·.01.0-.027.0 5944 SW64 ST .094.025-.01.0-.029.0 6411 SW 59 PL .09-4.025-.01.0-.03.0.0 6415 SW 59 PL .094.025-.010-031.0 Section 2. A proposed Future Land Use Map Ainendment to Mixed Use- Affordable Housing (Two Story) is for the purpose of development of affordable housing and thereby qualifies as a Small Scale Amendment pursuant to FL. Stat. 163.3187(1 ) (c). Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence, or phrase of tbis 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 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 MAYR Ord. No. 43-10-2068 3 lIst Reading: 1 0 / 5/ 1 0 2 2nd Reading 1 a / 1 9 / 1 0 3 4 5 6 COMMISSION VOTE: 4-1 7 Mayor Stoddard: Yea 8 Vice Mayor Newman: Yea 9 Commissioner Palmer: Nay 10 Commissioner Beasley: Yea 11 Commissioner Harris: Yea 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 X:\Comm Items\201O\JO-5-IO\Comp Plan FLUM Amend Madison Sq IOrd.doc ORDlNANCE NO. 38-11-2111 An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled ·"Mixed Use Cmmnercial/ Residential (Two Story)." . . 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 AprJ 12, 2011, the City Commission held an advertised workshop that initiated various text amendments to the South Miami Comprehensive Plan; and WHEREAS, On May 24, 2011, the Local Planning Agency board voted unanimously to defer LPA-ll-018, Mixed Use Commercial/Residential (Two Story) land use category to review the differences between the proposed amendment and previous amendments. WHEREAS, On June 21, 2011 the Local Planning Agency at its regular meeting and after a pub-lic hearing, adopted a motion by. a vote of 5 ·yeas, 1 nay (Dundorf) recommending approval of the proposed "Mixed Use Commercial ! Residential (Two Story)'~ amendment;. and 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 accepts the aforementioned recommendation of the Local Planning Agency and hereby adopts the following ame:o.dment to the Comprehensive Plan Future Land Use Element, hew land use map category titled "lVIixed Use Commercial! Residential (Two Story)." Mixed-Use Commercial! Residential (Two-Story) The mixed-use commercial I 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 develoQment 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 QfOjects. at a minimum. at least one floor must contain residential. Properties IT'...ay be with building heights and intensities compatible with surroundinQ: districts. Building heights. -shan .in no case, exceed two stories in height. Ord. No. 38-11-2111 2 Pennitted heights, densities, and intensities shan be set forth as part of a corresponding use district in the Land Develop-ment Code subject to the following maximum leveis of development: maximum building height of two stories. Section 2: Effective Date. This ordinance-sllalI become effective at the expiration of ten days after adoption. The effective date of this plan amendment, if the amendment is not tirp.ely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development pennits, or land uses dependent on this amendment may be issued or commence before -it has become effective, If a fmal 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 .J2 day of November, 2011 ATTEST: f1/"J(2' C1~ fhA/A . -~ f) A ~LERK ~ 1st Reading: 7/19/11 2nd-Reading: 1 /15/11 -APPROVED: Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Conunissioner Harris: 4-0 Yea Yea absent- Yea Yea CITY OF SOUTH MIAMI City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk andpay an annualfee 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. Cruz (Vice-Chairman), Mr. Dundorf, Dr. Philips and Mr. Vitalini Board Member absent: Dr. Hauri 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 none at this time. IV. Public Hearings PB-12-012 -Applicant: City of South Miami Location: 6443 SW 60 AVENUE -FOLIO # 09-4025-010-0050; 6443 SW 59 PLACE -FOLIO # 09- 4025-010-0320 An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Single Family Residential (Two Story) to Mixed Use Commercial Residential (Four Story) for an area identified as 6443 SW 60 Ave. Folio# 09-4025- 010-0050; 6443 SW 59 Place Folio# 09-4025-010-0320 in conjunction with the Madison Square development project. Dr. Whitman read the item into the record. Mr. Brimo presented the item to the Board. Mr. Cruz asked Mr. Brimo if this project has been designed already. Mr. Cruz stated that this project has been around for over ten years and nothing has been done, he has been on the Board about three years and this project has come before the Board about five times and still nothing has been done. Mr. Brimo responded no, this proposal has not been designed as of yet, although there have been build out design concepts that have been presented in previous years. Mr. Dundorf asked Mr. Brimo about the Land Use of these properties going up to four stories. Mr. Brimo responded no, that according to the Land Use Map it has a four story designation. However, the zoning regulations prohibit it from going to a four story designation. Mr. Dundorf asked Mr. Brimo about the "shark fin" shaped property what are the strategies for dealing with it, what other options are there. Mr. Brimo responded that the CRA Board is still in negotiations with the property owners. The Chairman opened the Public Hearing. NAME Levy Kelly ADDRESS 6250 SW 60 Avenue SUPPORT/OPPOSE Support Mr. Kelly stated that he is in favor of this proposal which has been an ongoing process 'for over ten years. He also stated that there was a CAA meeting where it was discussed. There was an option from a four (4) story to a two (2) story and I am hearing tonight that there is a possible three (3) story. NAME Deltravis Williams ADDRESS 6510 SW 58 th PI. SUPPORT/OPPOSE Support He stated that he is also in favor of all three of the proposals presented tonight, as a resident, as a CRA Board member. He stated that he hopes that the Board will consider the items for review and approve them. NAME ADDRESS SUPPORT/OPPOSE Elder Bernice Armstrong Ellis 6440 SW 5ih Ct. Oppose She stated that there was a meeting held and it was agreed upon to move a four story to a three story but not a two story. NAME Sharon McCain ADDRESS SUPPORT/OPPOSE Opposed She asked Mr. Brimo about the proposed item if it applies to all residential development. Mr. Brimo responded that this amendment is to these specific properties. She then asked is this considered spot zoning. Mr. Brimo responded no, that mixed use commercial residential zoning district has a standard of twenty-four (24) units an acre. She then stated that there is no design that has been approved for Madison Square Development and this project keeps on being del(lyed (lnd nothine is aone in succession. NAME Denise Covington ADDRESS 6090 SW 63 rd St. SUPPORT/OPPOSE Support She stated that she would like to see some shops and some enhancements to meet today's era. She also stated that she would like to see some affordable housing within the City of South Miami. She then stated that there is the concern of over development. NAME James McCants ADDRESS 6310 SW 63 Terr SUPPORT/OPPOSE Support He stated that he is a resident and also City of South Miami CRA staff. He also stated that the residents would like to see the Madison Square project move along. He then stated that the residents would like to have businesses and stores established. He stated that the vision for the community is to have a development where the residents can walk, live, work and play. He then stated that they would like to have this recommendation approved by the Board. The Chairman Closed the Public Hearing. Mr. Dundorf stated that he is a resident and a member of the South Miami Neighbor's Association and voiced his concerns regarding this project and the proposed height. Mr. Brimo stated that in regards to the four story development that it takes a 5-0 vote by the City Commission. Mrs. Beckman stated that the CRA is not designed for zoning and she would like legal opinion. Mr. Pepe responded that the CRA Board has the power to apply to zone and rezone .. Mr. Henry Her stated that he has been working alongside Mr. Christopher Brimo as a Planning Consultant to the City of South Miami. Motion: Mr. Cruz motioned to approve the proposed item. This motion was seconded by Dr. Philips. Vote: Approved: 3 Opposed: 3 Mrs. Beckman: No Mr. Whitman: No Mr. Dundorf: No Mr. Vitalini: Yes Dr. Philips: Yes Mr. Cruz: Yes THE MIAMI HERALD I MiamiHerald.clm SE SUNDAY, JULY 29, 2012 I 25SE SOUTH MIAMI Commission meeting gets contentious • BUDGET, FROM 35E Mirabile said that despite the snuggles with the econo- my, the city was in good fi- nancial health. This year, the city is "very close to coming to break-even" and even have "some little savings." He said he had some concerns for next year. For the first time in the history of South Miami, the police department's cost is greater than the general fund revenues from property taxes, he said. ferred to him, Police Chief Orlando Martinez de Castro and Newman, who are all of Cuban heritage, as the "Cu- ban Mafia." "It is illegal in this country to discriminate on the basis of race, creed, sexual orien- tation or national origin," Mirabile said in the letter. Beckman said she was not discriminating against Mi- rabile and said that she likes Cubans. Stoddard disap- proved of Mirabile's letter and presented a response. In his letter addressed to Mira- bile, he said that his allega- tions of "hate crime" and "conspiracy" were extreme and inaccurate. "Conspiracy means that people are agreeing to com- mit a crime. No one has committed a crime here," Stoddard said. "In a demo- ing this week. Welsh said Newman and Mirabile's accusations lack weight. He has expressed publicly and in one of the flyers he hands out to city residents that he doesn't think Mirabile and Martinez de Castro have the city's best interest at heart. Earlier this month, Welsh called for a special meeting to propose a charter change that would allow voters to change the current form of government. Under the cur- rent city manager form of government, the chief fman- cia! officer and the police chief report to the city man- ager. Welsh's proposal would permanently give the commission more power over both offices. "We are the body that hears what the people want," Welsh said. "We want to make sure that the city's purchasing is being done properly and is getting a good price." The commission as a whole wasn't convinced. Liebman said commission- ers were not equipped to manager, fIre him for cause, or if not, fIre him for no cause," Mirabile said at a meeting. Welsh said he disagreed with Mirabile, and he is de- termined to push for "pro- gressive change." Stoddard is open to the "experiment." "If the conurusslOn had agreed to do it, then there would be a proposal that would be put on the Novem- ber ballot," Stoddard ex- plained. "I think there are merits to the idea, so we are supporting a charter review committee." "micromanage" either office Ir-;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;;;;;;;;; and that he trusted Mirabile I i and Martinez de Castro and that both had proved com- petent. City attorney Thom- as Pepe said the change would violate the police chief's contract. While discussing the bud- get process, Mirabile said that the current form of govern- ment was "crystal traospar- ent" and that changing it would create instability and chaos. "Don't change your char- ter. If you don't trust the city CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. August 7. 2012, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): Commissioners also rati- fied a budget and fmance advisory committee Thes- day. Mirabile was not at the meeting, but in a letter to commissioners, he recom- mended that they disap- prove of Commissioner Walter Harris' appointee to the committee, composed of resident volunteers with ex- pertise in fmance. cratic process, residents can r--;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;-i get together and discuss ide-I , An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Single Family Residential (Two Story) to Mixed Use Commercial Residential (Four-Story) for an area identified as 6443 SW 60 AVE. Folio # 09-4025-010-0050; 6443 SW 59 PL; Folio # 09-4025-010-0320 in conjunction with the Madison Square development project Harris appointed Yvonne BecIanan. Mayor Philip Stoddard appointed Gabriel Edmond. Liebman appoint- ed Scott Fuhrman. Commis- sioner Valerie Newman ap- pointed Bradley Cassel Their terms end Sept. 30. Mirabile accused Beck- man of being biased against him because of his Cuban heritage. He cited emails where she and others re- as, even if they are planning. to propose a change in gov- ernment. That's allowed, and it's not a conspiracy." Newman was so upset that she shouted at Stod- dard, calling him a "liar." She also said that she was turn- ing in evidence of alleged discrimination to the De- partment of Justice and posting the emails on a new blog she planned on launch- NEIGHBORS CALENDAR _~_c:.,,"._, .... = .. _.--:::=.::::--,==-~=====_= • CALENDAR, FROM 24SE 41st St., Miami Beach. $17. 786-372-9430. www.yogathat.com. Zumba GOLD: Zumba by Fabi. Enioy a 45 minute fun exercise class with low impact workouts for ACTIVE Seniors. 9:30 a.m. Aug. 4. Edward & Arlene Feller Community Room & Amphi- theater at Ludovici Park, 17641 Old Cutler Rd., Palmetto Bay. $4 per session. 305-234-6383. www.palmettobay-fl.gov. Zumba in Cutler Bay: Come and enjoy Zumba dancing and exercising with others in Cutler Bay .. 7 p.m. July 31. Cutler Ridge Park and Pool. 10100 sw 200th St .. Cutler Bay. $5. 386-25ZUMBA. www.zumbawithfabi.com. car290: A New Way of Getting Around Town: Stop by BARU Urbano Brickell for brunch and learn about car2go, Miami's newest carsharing service. Test drive"the cars, receive free registration and 30 minutes of free driving time, have the chance to win additional prizes, and enjoy free brunch (while supplies last) .. 10 a.m. July 29, Baru Urbano, 1001 S. Miami Ave .. Brickell. Free. miamLcar2go.com. • TURN TO CALENDAR, 265E ADDITIONAL VPK CLASS NOW OPEN HURRY seats are limited! PRESCHOOL & ELEMENTARY K2·6TH GRADE A new fully digital curriculum for upper grades & smart boards in all classrooms, CALL US TODAY AT 305·238·1833 8900 SW 168TH STREET, PALMETTO BAY, FL 33157 CFACADEt-iY_ORG 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 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public InstHutional (Four Story) to Religious (Two Story) for an area Idenmied as 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010. An Ordinance relating to budget; authorizing an increase of expense line item 201.1410.519.7210 Debt Service Fund Interest Expense in the amount of $175,205 from Debt Service Fund Balance. A Resolution authorizing the City Manager to award a five-year contract to American Appraisal Associates, Inc, for the inventory of the City's' fixed assets to be in compliance with GASB 34 fixed asset accounting standards. A Resolution authorizing the City Manager to award a 3-year contract to the most responsive and responsible bidder for the City's Management of Soccer Programs at South Miami Park RFP. ALL interested parties are invited to attend and will be heard, For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuantfo FtorldaSlaMes 266.0105,the Glty hereby advises the publ lc that if a person decides to appeal any decision made by this Board, Agency Of Commission with respett to any matter considered al ils meeting or hearing, he or she wiO need a record of the proceedings, and th afforsuthpurp05e, affectetl person.may need to en5ure tnat a verbatim record of the proceedings ism adewhichrecord includes the testimony and evidBnce upon which the appeat Is to be based. 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 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 -AUGUST 7,2012 in the XXXX Court, was published in said newspaper in the issues of 07/27/2012 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 . 'on or refund for the purpose of securing' vertisement f publication in the said p r. 27 day of JULY ,A.D. 2012 (SEAL) MARIA MESA personally known to me