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Ord. No. 03-00-1705ORDINANCENO.3-00-1705 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING AMENDMENT 99-3 (DCA NO.00-R1)TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OFA STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;PROVIDING FOR RENUMBERING AND/OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,in October 1997 the City of South Miami was notified by the Florida Department of Community Affairs thatthe City's Comprehensive Plan Amendment Package (DCA No.97-IER)wasnotin compliance with Statestandards;and WHEREAS,one oftheissues involving noncompliance requiredthe City toproducea remedial amendment totheHousing Element inordertoupdatethedataand objectives pertaining to affordable housing within theCity;and WHEREAS,on April 21,1998,the City Commission adopted Resolution No.109-98-10376, approvingafinalStipulated Settlement Agreement between theCityandtheFloridaDepartment of Community Affairs,which included recommended remedialactionsfor revising theHousing Element of the City's Comprehensive Plan;and WHEREAS,on August 4,1998,theCity Commission adoptedOrdinanceNo.12-98-1660 which includedinterimpoliciesstatingthattheCitywilldoadditionalstudiesinordertoupdate and revise the Housing Element of the City's Comprehensive Plan;and WHEREAS,Comprehensive Plan Amendment 99-3,Exhibit "A",has been prepared,which contains amendments tothe text andgoals,objectives and policies of the Housing Element,all of which amendments respond totheStipulated Settlement Agreement andInterimPoliciesadopted aspart ofthe Comprehensive Plan Amendment 98-IER;and WHEREAS,on November 9,1999,afterPublicHearingregarding Comprehensive Plan Amendment 99-3,thePlanning Board,actinginitscapacityastheLocalPlanning Agency,voted 7-0totransmittothe City Commission fortheiradoption,the Comprehensive Plan Amendment 99-3,Exhibit "A";and WHEREAS,the City Commission desirestoacceptthe recommendations of thePlanning BoardactinginitscapacityastheLocalPlanning Agency,andenacttheaforesaid amendment. WHEREAS,on November 16,1999,afterPublic Hearing,theCity Commission adopted by ordinanceonfirstreading,ComprehensivePlan Amendment 99-3,Exhibit "A";and WHEREAS,the South Florida Regional Planning Council atitsJanuary 3,2000 meeting foundthe City's amendmentpackage(DCA NO.00-R1),whichincludesComprehensivePlan Amendment 99-3,Exhibit "A",tobe consistent with theStrategic Regional Policy Planfor South Floridaandfurther recommended itstransmittaltotheFlorida Department of Community Affairs; and WHEREAS,theFlorida Department of Community Affairs ina communication dated February 4,2000 issuedanObjections,Recommendation,and Comments Report(ORC)stating thattherewereno objections to the City's amendment package(DCA NO.00-R1)which includes ComprehensivePlan Amendment 99-3,Exhibit "A". NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Comprehensive Plan,Amendment 99-3,Exhibit "A"tothe South Miami Comprehensive Plan which contains amendments tothe Text andgoals,objectives andpolicies of theHousing Element,all of the amendments respondingtothe Stipulated Settlement Agreement and Interim Policies adopted aspart ofthe Comprehensive Plan Amendment 98-IER,beand herebyisapprovedandadopted. Section 2.Any sections orparts of sections of this ordinance may be renumbered and/or combined with othersectionsorparts of sections of theSouthMiami Comprehensive Planandany amendments thereto,asis necessary toensurethe continuity and consistency within and between thevarious elements of the South Miami Comprehensive Plan. Section 3.If any section,clause,sentence,orphrase of this ordinance isforanyreason held invalidor unconstitutional by acourt of competent jurisdiction,the holding shall not affect the validity ofthe remaining portions of thisordinance. Section4.All ordinancesorparts of ordinancesinconflict with the provisions of this ordinance are hereby repealed. Page2 Ord.No.3-00-1705 Section5.Thisordinanceshalltakeeffectin accordance withthe provisions setforthin §163.3189(2)(a),FloridaStatutes. PASSEDANDADOPTEDthis 7th ATTEST: CITY CLERK 1st Reading: 2nd Reading: 11/2/99 3/7/00 READ AND APPROVED AS TO FORM: /<£~*G?*_/J&& ^eftY ATTORNEY J 1**9 t^y^t^<&***/*/ Page 3 dayof March ,2000 APPROVED: MAYOR Commission Vote : Mayor Robaina: Vice Mayor Feliu : Commissioner Bethel : Commissioner Russell : Commissioner Wiscombe 5-0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor &City Commission ^Date:March 3,2000 ^ From:CharlesD.Scurr /l\\fltfl Agenda Item#i___ City Manager /Iff y,/)^J Re:Comra.Mtg 3-7-00 Comprehensive Plan Amendment 99-3 Housing (DCA No.OC'-Rl) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, APPROVING AMENDMENT 99-3(DCANO.00-R1)TOTHE ADOPTED COMPREHENSIVE PLANIN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;PROVIDING FOR RENUMBERING AND/OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;PROVIDING FOR SEVERABILITY,PROVIDING FOR ORDINANCES IN CONFLICT,AND PROVIDING AN EFFECTIVE DATE. BACKGROUND &ANALYSIS: The ordinance amends the Housing Element of the City's Comprehensive Plan.The amendment isrequiredasaresult of a stipulated agreement betweentheCityandthe Department of Community Affairs.The agreement allowed the City's Comprehensive Plantobein compliance with State law if certain remedial actions were made.One of those actions was to expand upon the City's objective of encouraging affordable housing by setting fortha specific number of affordable housing units tobe constructed.The amended ordinance contains newtext,housing data,andspecificpolicies responding totheissue of affordablehousing. REVIEW AND APPROVALS ThePlanning Board initscapacityastheLocalPlanningAgency recommended approval atits November 9,1999 meeting.TheCity Commission atits November 16 ,1999 meeting approved on first reading an ordinance which transmitted the proposed amendment tothe Florida Department of Community Affairs for their review,and comments. TheamendmentwasreviewedbytheSouthFloridaRegionalPlanningCounciland,basedupona staff memorandum dated January 3,2000,the Council found the City's amendment tobein compliancewiththe regional policyplanforSouthFlorida.The Florida Department of Community Affairsinits Objections,Recommendation andComments(ORC)Report,dated February 4,2000, ststed that there were no objections tothe proposed amendment. TheCity Commission should takenotethatboththe South Florida Regional Planning Council and theFlorida Department of Community Affairsmade special comments intheirreportsto acknowledge theeffortsoftheCityofSouth Miami to respond totheneedfor additional affordable housing units. Thefinalstepinthe Comprehensive Plan amendment process isapublichearingbytheCity Commissionandtheadoption of theamendmentbyordinanceonsecondreading. RECOMMENDATION:Approval. Attachments: ProposedOrdinance Amendment 99-3 South Florida Regional Planning CouncilMemorandum,1-3-00 Department of Community AffairsORCReport2-4-00 Page 2 CITY OF SOUTH MIAMI COMPREHENSIVE PLAN AMENDMENT 99-3 (DCA NO.00-R1) HOUSING ELEMENT MARCH 2000 COMPREHENSIVE PLAN AMENDMENT 99-3 CONTENTS I.INTRODUCTION •Background •CurrentSituation:City of SouthMiami •RequiredLegislativeActions II.EXHIBIT "A"SPECIFIC AMENDMENTS A.Housing Element •Text •Table 3-21 B.HousingElement:Goals,Objectives,andPolicies •Objective 1.3 •Policy 1.3.3 throughPolicy 1.3.7 Page 1 COMPREHENSIVE PLAN AMENDMENT 99-3 HOUSING ELEMENT INTRODUCTION BACKGROUND In 1997 theCity of South Miami adopted a series of amendments tothe Comprehensive Plan whichwere required asa result ofthe 5-year mandatory Evaluation and Appraisal Report (EAR).Following the submission of theEAR amendments the Florida DCAadvisedthe City of South Miami that State regulations required all Housing Elements to address the issue of affordable housing.(1)In response to this directive the City submitted a supplemental plan amendment which included an objective and policies describing howthe Citywill respond tothe affordable housing issue.Thefollowingobjectivewas included: Objective 1.3 To create and maintain affordable housing for all current and anticipated future residents of the City,especiallyproviding for households of very-low-income,low-income,and moderate- income.(97-IER) Thisobjectivewasfollowedbyaseries of policies describing howtheCitywill encourage theconstruction of affordablehousing.Inaddition,thesupplemental amendment also containedanaffordablehousingassessmentwhichutilizedaspecificformulamandated by the Florida DCA.(2)The end product was a table indicating that the City will have a deficit inthenumber of affordablehousingunitsneededtomeettheneedsinthe City of South Miami duringtheperiod 1995 to 2010. TheFlorida DCA reviewed the City's supplemental amendment andadvisedthattherewere still inconsistent sections and therefore thePlan was notin compliance.Inorderto avoid furthersanctions by theState,theCityagreedtodoadditionalstudiesandto make certain amendments.This compromise wasoutlinedinaStipulated Settlement Agreement between theCityandtheFloridaDCA,approvedinApril1998.One of theinconsistentsections which requiredadditionalsubmissionwastheHousingElement.Specifically,theState advisedthatthe Objective (1.3)providingforaffordablehousingdidnot specify a measurableortarget number bywhichthe deficit wouldbereduced.The following was recommended: {1)Affordable housing is defined as housing for which monthly rent or mortgage payments,including taxes, insurance,andutilities,doesnot exceed 30%ofthegrossannualincome of very-low income,low-income,and moderate-income households. ^Assessment provided bythe Shimberg Center for Affordable Housing,University of Florida,under contract to DCA. Page1 "A.Recommended remedial actions.Theseinconsistenciesmaybe remedied by takingthefollowingactions: 1.Revise Housing Objective1.3to include ameasurabletargetsuchas, butnotlimitedto,number ofaffordablehousingunitstobebuilt yearly." As statedabove,one of theremedialactionsnecessarytoallowthe City's Comprehensive Plantoremainincomplianceistoadjustthe affordable housingobjectiveand/orpoliciesto specify measurable numbers of affordable housing units tobebuilt.In August of 1998,the Citywas required to confirm its stipulated settlement by amending the Comprehensive Plan document toalsostatethatcertainstudies will bedoneandpoliciesrevised.The City Commission,onAugust 4,1998,adopted Ordinance No.12-98-1660whichamendedthe Comprehensive Plan and included the following interim language inthe Housing Element: "Policvl.3.6 Interim Policy:The City ofSouthMiamishallcompletethe followingtaskswithinthreemonths ofAugust4,1998inorderto befoundin compliance bytheFloridaDepartment ofCommunity Affairs.HousingDataandanalysis,and associated policies and objectives,basedupontheAffordableHousingNeedsAssessment bytheShimbergCenterforAffordable Housing,University of Florida." CURRENT SITUATION:CITY OF SOUTH MIAMI Itisimportanttonotethatsincethe 1997 submission of theoriginalobjectiveandpolicies relatedto affordable housing,the City hasmade significant progressin encouraging the construction of affordablehousing.Thisincludesthedesignation of a Community Redevelopment Agency which willprovideaspecificprogramtoproduceaffordable housing units.In addition,a mixed-use project,now scheduled to be constructed aspart of theSouthMiamiMetroRailStation redevelopment,willincludeaconsiderablenumber of affordablerentalhousingunits.Theseprograms,togetherwiththe efforts of theHabitatfor Humanity project within theCity,willallowthe City tosetforth specific andattainable targetsleadingtothereduction oftheaffordablehousingdeficit. REQUIRED LEGISLATIVE ACTIONS TheHousing Element ofthe Comprehensive Plan must beamendedinordertoincorporate additional text a new data table,and revised objectives and policies concerning affordable housing.This amendment willrespondtotheremedialaction recommended inthe 1998 Stipulated Agreement. The amendment must beadoptedbyordinanceafterbeingreviewedatapublichearing by theLocalPlanning Agency (PlanningBoard)andthe City Commission priortobeing submitted totheFloridaDCA.The amendment canbe reviewed andactedupon without regardtothelimitationsonthefrequency of adoption of amendments tothe Comprehensive Plan(F.S.#163.3187(l)(d). Page2 CITY OF SOUTH MIAMI COMPREHENSIVE PLAN AMENDMENT 99-3 (DCANO.00-R1) EXHIBIT "A" SPECIFIC AMENDMENTS Page3 AMENDMENT TO SOUTH MIAMI COMPREHENSIVE PLAN 99-3 A.TEXT OF HOUSING ELEMENT (All new language;wording tobe removed indicated by strike-through.) Affordable Housing (1998)Analysis: Tho City of South Miami will bo conducting an affordable housing needs study,in order to address the information provided courtesy ofthe Shimberg Center for Affordable Housing,especially concerning needs regarding very low,low,and moderate income housing.Editor's Modification pursuant to Amendment Package DCA No.97IER,adopted on August 19,1997. The State of Florida has established a goal that bythe year 2010 "—decent and affordable housing is available for all residents."A major initiative ofthis goal was to undertake a Statewide evaluation of affordable housing availability.A study was completed in 1996 bythe University of Florida's Shimberg Center for Affordable Housing,under contract to the Florida DCA.The objective was to provide a projection of the surplus and/or deficit ofaffordable housing units in every governmental jurisdiction.Affordable housing is defined as housing for which monthly rent or mortgage payments, including taxes,insurance,and utilities,does not exceed 30%of the gross annual income of very-low income,low-income,andmoderate-incomehouseholds. The analysis preformed bythe Shimberg Center for the City of South Miami uses a progressive series of data factors,including housing inventory,population projections,household size,housing type, andhouseholdincomelevels in order todeterminetheavailabilityand/ordeficits of affordable housing units.The affordable housing assessment data (1998)for the City is presented in Tables 3-12 through 3-20.The accumulative affordable housing deficit for South Miami by income category is shownbelowonTable3-19.The deficitsummaryfortheCityisshownonTable3-21. TABLE 3-19 (1998)AFFORDABLEHOUSINGDEFICITBYINCOME CATEGORY FOR SOUTH MIAMI South Miami Cumulative (down)Surplus/Deficit ofAffordable Occupied Units by Income Category (units minus households,negative number means deficit ofaffordable units)1989 CountyMedian Household Income: Income Categories 30%of median 50%of median 80%of median 120%of median 200%of median $26.909 $8,073 $13,455 $21,527 $32,291 $53,818 1995 -153 -254 -410 -352 -103 Owner-occupied Units 2000 -164 -271 -438 -386 -147 -165 -278 -459 -400 -161 2010 -168 -286 -486 -432 -203 1995 -292 -310 157 245 -1 Renter-occupied Units 2000 -312 -326 153 259 17 2005 -317 -332 156 268 35 Page4 2010 -323 -344 155 273 51 The cumulative deficit of affordable housing units in South Miami is shown by household income categories and for the years 1995,2000,2005,and 2010.The definition of affordable housing applies to the very low income category (50%of median family income),low income category (80%)and moderate income category (120%).The very very low income category (30%of median income)is eligible for subsidized and/or public housing and is therefore not included in the affordable housing category.The City of South Miami has a deficit ofaffordable housing units as follows: TABLE 3-21 CITY OF SOUTH MIAMI AFFORDABLE HOUSING DEFICIT SUMMARY YEAR OWNER OCCUPIED RENTAL TOTAL 2000 -1095 86 -1009 2005 -1137 92 -1045 2010 -1204 84 -1120 In responding tothe affordable housing deficit,it is important to note that the City of South Miami has several conditions which limit the extent towhichthe deficit can be reduced.These include: •TheCityis essentially built-out with little opportunity toadda substantial number of new housing units,eitheratthe market rateoratan affordable housing level.In fact,the actual number of existinghousingunits decreased duringtheperiod 1980-1995. •TheCityhasvery limited vacant land leftwith development potential.Atotal of 29.42 acres(1.8%)oftheCity'stotallandacreageis vacant.Ofthetotalacreagecurrentlyvacant, only13.8acresareinareaszonedforresidentialdevelopment. Affordable Housing Opportunities: Although theCityofSouth Miami cannot completely eliminate the affordable housingdeficit,there arecertainresourcesandhousingprogramswhichcanreducethecurrentandanticipateddeficits. Mostsignificantisthecreation of theSouthMiamiCommunityRedevelopmentAgency(SMCRA) andthe designation of a 185-acre redevelopment district.The Redevelopment Agency'swork program forPhaseI indicates considerable investment inthe acquisition ofvacantlotsandloansand mortgage subsidies to encourage affordable housing construction.A totalof24units of affordable housingwillbebuiltduringthenexttwoyears.TheSMCRABoardwillbeencouragedbytheCityto respondtofutureneedsforadditionalaffordablehousingunits. TheCityhasalsoworkedcloselywithHabitatforHumanity,whichhas targeted SouthMiamifor construction of new homes forlowand moderate-income families.Itis anticipated that this program alongwithotherprivateorganizationswillproduceatleast five units of affordablehousingunitsin nextfiveyears. Page 5 The South Miami Metro Rail Station also presents the City with an excellent opportunity to provide affordable housing units.The County's Rapid Transit Zoning District and the City's abutting Transit Oriented Development District (TODD)both encourage multi-storied,mixed use development projects.Due to the transit needs offamilies needing affordable housing,projects providing affordable housing will be given priority.It is anticipated that one such project,the Hometown Station Project will include 100 affordable housing units.Completion date is expected in the year 2001.With the encouragement and support ofboth the County and the City it can be projected that one additional project ofthat scale can be completed by the year 2010. If the above projects and programs are realized and implemented,considerable progress will have been made within the City of South Miami to reduce the affordable housing deficit. B.GOALS,OBJECTIVESANDPOLICIES HOUSING ELEMENT Objective 13 To create and maintain affordable housingfor all current and anticipatedfuture residents of the City and especially providingfor households of very low income, Inw income,and moderate income,specifically supporting programs suchas CRA and other private organizations which will result inthe construction of30 units ofaffordablehousingandanadditional100unitsanticipatedtobepart of the proposed HometownStationproject bv theyear 2005.It is projected that construction ofan additional 150 units ofaffordable housing canbe achieved through various programs and projects bvthe year 2010 {reducing thefuture deficit ofaffordable housing bv 25 %). Policy 13.1 Utilize the Future Land Use Plan and zoning map,making special use of mixed- usedistricts,toprovideforareaswhichpromote very-low-income,low-income, andmoderate-incomehouseholds,whileattemptingtoavoidtheconcentration of thesehouseholdsinspecificareas of theCity. Policy 13.2 Utilize existing Federal,State,County,and private programs which assist individualswithhomeownershipthroughsuchmeansassubsidies,loans,loan guarantees,counseling,or through othersimilar means,including such programs as the County Surtax mortgage program. Policy 133 Continue towork towards a redeveloped Hardee Drive area (measured bya reduction inthe number of substandard residential structures from ^12 to 'I)with newverylow,low,andmoderateincomehousingunits.Notethistargetareais boundedbyHardeeDrive,S.W.62nd Street,S.W.58thPlace,andS.W.62nd Avenue. Policy 13A TheCityandCountywilljointlyexplorenewprogramstoassistinmeetingthe needforinfilldevelopment,throughsuchmeansastaxincrementfinancing. NOTE:Newwordingunderlined;wordingtoberemovedindicatedby strike-through. Page 6 Policy 133 TheCitv's Communitv Redevelopment Agencywill implement itsNew Housing Program inorderto acquire vacantpropertyandprovide financial assistanceto construct at least 24 new affordable housing units. Policy 13.4 TheCitv'sCommunity Redevelopment Agencvwill provide additional incentivestoprivatedeveloperstoconstructprojectswithaffordablehousing units. Policy 13.5 The City will support and assist theefforts of private organizations to construct at least five affordable housing unitsperyear. Policy 13.6 TheCityandtheCountywilljointlysupportdevelopmentintheRapidTransit Zone in order to encourage mixed-use/residential multi-family projects containing affordable housing units. Policy 13.7 The City willworkwiththeSouth Florida Regional Planning Counciltohelp implement aregionalpolicytoproduceaffordablehousingunits. Policy 13i5 Inorderto accurately assessthe City's needforaffordablehousing,theCitywill conduct a study onsaidissue,which in conjunction with the study conducted by the Shimberg Center for Affordable Housing will allow the City to formulate more specific objectivesandpoliciesconcerningaffordablehousingneedsinthe City? Policy 13*6 InterimPolicy:TheCity of SouthMiamishallcompletethefollowingtasks within three months of August 4>1998 inordertobefoundin compliance by theFloridaDepartment of Community Affairs:Housingdataandanalysisand associatedpoliciesandobjectivesbaseduponthe Affordable Housing Needs Assessment by the Shimberg Centerfor Affordable Housing,University of Florida. NOTE:Newwordingunderlined;wordingtoberemoved indicated bystrike-through. Page7 South Florida Regional Planning Council MEMORANDUM AGENDA ITEM #9c DATE:JANUARY 3,2000 TO:COUNCIL MEMBERS FROM:STAFF SUBJECT:CITY OF SOUTH MIAMI PROPOSED COMPREHENSIVE PLAN AMENDMENT Introduction On December 1,1999,Council staff received comprehensive plan amendment package #00-Rl to theCityofSouthMiami Comprehensive Planfor review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP).Staff reviewis undertaken pursuant totheLocal Government Comprehensive Planning and Land Development Regulation Act Chapter 163,PartII,Florida Statutes (F.S.),and Rules 9J-5 and 9J-11,Florida Administrative Code. Communitv Profile The City of South Miami is located inthe south-central portion of the Miami-Dade County urbanized area and encompasses atotalareaof approximately 1,552acresor2.4 square miles. The estimated population in1998was 1038.TheCityis entirely surrounded by unincorporated Miami-Dade County except fora small border with Coral Gables on theeast.It covers a rectangular shaped area that is approximately defined by BirdRoadonthenorth,DavisRoadon the South,Red Road'on the east,and Ludlam Road onthe west The City is noncontiguous between Miller Drive and Bird Road with portions of the City divided by sections of unincorporated Miami-Dade County. The Cityis bisected by U.S.Highway #1(US1)which isasix-lane divided highway and the primaryarterialforthe southern portionofMiami-DadeCounty.Aportionofanelevated,rapid transitrail system and transit corridorissituateddirectly alongside US1,andrunsparalleltothe highway through the City of South Miami. South Miamihasan established small town character made up of ten distinct single-family neighborhoods.Multiple-family housingisscattered throughout theCityattheperipheryof single-familyneighborhoods.SouthMiamiresidentshaveavariety of retailservicescloseto home toserve them.The City isalso served by a pedestrian-oriented specialty retail district that servesasacore.The commercial usesserve both residents of South Miami andalarge number of non-residents.The future land use map designates neither industrial usesnoragriculturaluses. Thereisabout29.42acres of vacantland,whichrepresentsabout 1.89%oftheCity'stotal land area. 3440HollywoodBoulevard,Suite 140,Hollywood,Florida 33021 Broward(954)985-4416,Area Codes 305,407and561(800)985-4416 SunCom 473-4416,FAX(954)985-4417,SunCom FAX 473-4417 e-mail sfadmin@sfrpc.com For moreinformationabouttheCityortheRegionvisittheCouncil'swebsiteat www.sfrpc.com. Summary of Staff Analysis Proposed amendment package #00-Rl containsthree amendments.Amendment No.1addresses publicschoolsiting;No.2isaproposed update totheIntergovernmentalCoordinationElement (ICE);andNo.3updatestheCity'sHousingElementin accordance withaStipulatedAgreement between theCityandtheFlorida Department of Community Affairs.TherearenoFutureLand Use Plan changesproposedinthis amendment package.AmapoftheCityisshownas Attachment 1. Proposed Amendment No.1 Section 163.3177(6)(a),F.S.requiresthatlocal governments includeschoollocationandcollocation criteriaintheFuture Land Use Element (FLUE)oftheir comprehensive plans.Thecriteriaare designed toencouragethelocationofpublicschoolsnearurbanresidentialareasandtocollocate them with parks,libraries and community centerstothe extent possible.Inaddition,the statutes requiretheFLUEto identify the landusecategoriesin which publicschoolsareanallowableuse. The proposed amendment No.1tothe City of South Miami Comprehensive PlanFLUE would include schoollocation and collocation criteria.This amendment consists of dataand analysis,a new objectiveand two new policiesthat would be added totheCity'sFuture Land Use Element Thedataandanalysis,inpart,explains that South Miami's permanent population isprojectedto decrease slightly by theyear 2005,based upon the limited availabilityof developable land within theCityto accommodate growth.TheCity's student age population is expected to remain stable during the next tenyears.However,since South Miami Middle Schoolis currently operating over-capacityat 142%utilization in 1997-98 andisprojectedtohaveautilizationof 166%inthe year2003-03,the 1998Facilities Work Program indicates that consideration is being given to significant expansion and/or replacement for South Miami Community Middle School Two new policies would be added that specifically address,the statutory requirements by including languagethat the City of South Miami will encouragethecollocation of publicschools with parks,libraries,and community centerstothe extent possible.The Cityalso commits to coordination with Miami-Dade Public Schools. Thefollowinglandusecategoriesare identified inthe existing Comprehensive Planasthosein which publicschoolsare explicitly listedasa permitted use: •Public and Institutional Uses •EducationalUses(asa sub-category of thePublicInstitutionalUses land usedesignation) •Parks and Open Space ContactwithMiami-Dade County PublicSchoolsconfirmsthattheagencydoesnotobjecttothe schoolsiting amendment as proposed.Staff analysisconfirmsthatthisproposed amendment would not createany significant adverse regionalimpactsandis compatible with thegoalsand policies of the SRPP. Proposed Amendment No.2 Proposed amendment No.2 would amendtheCity'sComprehensivePlanIntergovernmental CoordinationElement (ICE)pursuant toSection 163.3177 (6)(h)(4)F.S.which requireslocal governmentstoamendtheiradoptedcomprehensiveplanstoaddresstheintergovernmental coordination requirements by December 31,1999. Proposed amendment No.2 would revisethecurrent goal,objectives,and policies tocommit theCityto: •coordination with neighboring jurisdictionsandspecialdistrictserviceproviders.In addition,it would include annualreviewbytheCityoftheplansandreportsofthese agencies; •identificationand implementation ofjointplanningareasandtheresolutionofissues generatedinjointplanningareas.Supporting policies would addressannexation issues encompassing levelsofservicesandcoststotaxpayersand would commit the Cityto participation intheMiami-Dade Planners'Technical Committee; •identificationand establishment ofjointprocesses with otherlocalagenciesfor collaborativeplanningonpopulation projections,schoolsiting,facilities subjectto concurrencyandlevel of services,facilities with countywide significance,and problematic land uses;and •implementation of aprogramto identify andresolveconflicts between the City's regulationsandthe land useofneighboringjurisdictions.Supporting policies would address notification of neighboring jurisdictionsforany proposals that may impact property within 500feet of apublicschooloradjacent jurisdiction. Contact with Miami-Dade County PublicSchools confirms that that agency is working with the Citytoclarify some of the proposed languagerelatingtotheICE update.Council staff will continue to coordinate with the City and theschoolboardto help resolve any outstanding issues. Staffanalysis confirms however thatthis amendment as proposed is compatible with thegoals andpolicies of the SRPP and would not result in significant negative regional impacts. Proposed Amendment No.3 The proposed amendment tothe Housing Element totheCity of South Miami Comprehensive Planhas been processed in response to the remedial action recommended in the 1998 Stipulated Agreement with the Department of Community Affairs (DCA)by incorporating additional text,a new datatable,and revised objectivesandpoliciesconcerning affordable housing. Background: •InFebruary1997,the City of South Miamiproposedaseries of amendments tothe Comprehensive Planthat were required asaresult of the 5-year mandatory Evaluation and Appraisal Report (EAR). •Followingthe submission oftheEAR amendments,theFlorida DCA issuedanObjection, Recommendations and Comments (ORC)Reportstatingthatanaffordable housing needs assessment was missing.DCA recommended that the City submit an amendment that includesaffordable housing dataandadditionalpoliciesonaffordablehousing. •In August 1997,the City adopted a supplemental package of EAR amendments that included a new Housingobjective (Objective 1.3)andseveralpoliciesrelatedto affordable housing. •InOctober 1997,the DCA issueda Statement of Finding of Non-Compliance on the August 1997 submission fromtheCity.Itwas recommended mat remedialaction should include a measurable targetfor Housing Objective1.3. •A Stipulated Settlement Agreement between the City andthe DCA was approved in April 1998. •In August of 1998,the City was required to confirm its stipulated settlement by amending the Comprehensive Plan document to state that certain studies willbe done and policies willbe revised.TheCity Commission adopted Ordinance No.12-98-1660 onAugust4, 1998 thatamendedthe Comprehensive Plan andincludedaninterim Policy 1.3.6 that committed theCitytocompletethe Housing Data and Analysis,and associated policies • and objectives,based upon the Affordable Housing Needs Assessment bythe Shimberg •Centerfor Affordable Housing. Proposed amendment No.3would revise thetextof Objective 1.3byadding measurable affordable housing targets.Specific targets include the construction of 30 affordable housing units through programs and initiatives such asthe Community Redevelopment Agency and 100 additional unitsas part ofthe proposed Hometown Station project bytheyear 2005.It further projects the construction ofan additional 150 unitsof affordable housing through various programs/projects bytheyear2010toachieveareductionofthefuturedeficitofaffordable housing by 25 percent Proposed amendment No.3 would delete four policies and add five new policies to support Objective1.3.New policieswould: •committhe City's Community Redevelopment Agency (CRA)toimplementitsNew Housing Program inorderto acquire vacant property andprovide financial assistance to constructatleast24newaffordablehousingunits; •promote additional incentives bythe City's CRAto private developers to construct projectswith affordable housing units; •support the efforts of private organizations to construct at least five affordable housing units peryear; •committheCityandtheCountyto jointly supportdevelopmentinthe Rapid Transit Zoneto encourage mixed-use/residential multi-family projects containing affordable housing units;and •committheCityto working withthe South Florida Regional Planning Council tohelp implementa regional policy to address affordable housingneeds. Council staff review confirms thatthe amendment as proposed wouldnot create any significant adverse regional impacts andis compatible withthe goals and policies ofthe SRPP.In addition, the proposed amendment supports regional transportation goals and policies.Council staff acknowledges the efforts that the City has undertaken to increase affordable housing opportunities,including working closely with Habitat for Humanity whichhas targeted South Miami for construction of new homes for low and moderate-income families. Recommendation Find proposed amendment package #00-Rl totheCityofSouth Miami Comprehensive Plan generally consistent withthe Strategic Regional Policy Plan for South Florida.Approve the staff report for transmittal tothe Department of Community Affairs. South Florida Regional Planning Council BROWARD COUNTTl p 10 15 Miles COMPREHENSIVE PLAN AMENDMENTS Attachment 1GeneralLocationMap Cityof South Miami Proposed Amendment Package #00-Rl Sources:Miami-Dade County,SFVVMD N STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Floridaa better place to call home" H STEVEN MSE.BERT 'SecretaryGovernor' February 4,2000 | The Honorable Julio Robaina Mayor,City of SouthMiami 6130 Sunset Drive South Miami,Florida 33143 Dear Mayor Robaina:jL.,"*......'"**% The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of South Miami (DCA No.00-R1),which was submitted on November 29,1999.Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed.As the Department does not have any objections,this letter serves as the Objections,Recommendation,and Comments (ORC)Report. The Department has one comment regarding the Intergovernmental Coordination Element.Policy 1.3.7,which addresses emergency management,should include the City's commitment to maintain an active role in the County's Local Mitigation Strategy.I would like to acknowledge the good work of Subrata Basu and Sandy Youkilis in preparing these elements.I believe the City's programs to address affordable housing are excellent.In addition,the City has written a thorough Intergovernmental Coordination Element. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010,Florida Administrative Code (F.A.C.).The process for adoption of local comprehensive plan'amendments is outlined in s.163.3184,Florida Statutes (F.S.),and Rule 9J- 11.011,F.A.C.Upon receipt of this letter,the City has 60 days in which to adopt,adopt with changes,or determine that the City will not adopt the proposed amendment.The process for adoption of local government comprehensive plan amendments is outlined in s.163.3184,F.S., and Rule 9J-11.011,F.A.C. Within ten working days of the date of adoption,the City must submit the following to the Department: Three copies ofthe adopted comprehensive plan amendments; 2555 SHUMARD OAK BOULEVARD •TALLAHASSEE,FLORIDA 32399-2100 Phone:850.488.8466/Suncom 278.8466 FAX:850.92 1.078 1/Suncom 291.0781 Internet address:http://www.dca.state.fl.us FLORIDA KEYS Area of Critical Stale Concern Field Office 2796OverseasHighway,Suite 212 Marathon,Florida 33050-2227 •-* The Honorable Julio Robaina February 4,2000 Page Two Acopy of the adoption ordinance; A listing of additional changes not previously reviewed; « A listing of finding by the local governing body,if any,which were not included in the ordinance;and A statement indicating the relationship of the additional changes to the Department's Objections,.Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review,make acompliance determination and issue the appropriate notice ofintent. In order to expedite the regional planning council's review of the amendments,and pursuant to Rule 9J-11.011(5),F.A.C.,please provide acopy ofthe adopted amendment to the Executive Director of theSouth Florida Regional Planning Council. If you have any questions,please contact Ken Metcalf,Community Program Administrator,or Paul DiGiuseppe,Planning Manager,-at (850)487-4545. Sincerely yours, Charles Gauthier,AICP Chief,Bureau of Local Planning CG/pd Enclosure cc:Subrata Basu,City of SouthMiami C^Sandy Youkilis,City of South Miami Carolyn Dekle,South Florida Regional Planning Council Bob Usherson,Miami-Dade County MlAMi DAILY BUSINESS REVIEW ?••?.<s.'i-.'i!C-r'y r*;;t:pi 3at;jraa/.Sunday and _.-n.i,»-:-sijjays v.-v":V-a.-Dj ic County.Florida. STA^E OF FLORIDA COUNTY OF .VtAMl-DADE: 8e(cre the indors^Tad authority personally appeared Octeima v.Ferbevre.who en oath says that she is the Supervisor,Leg'-;:Notices o?the Miami Daily Business Review fik.3 Miami Review,adaily {except Saturday,Sunday and Legal Ko.davs..-.ewspaper.published at Miami in Miami- Oace County cl-r:d-t-;ha?tre 3ttached copy of advertise ment.h?iog ••«L^a1 4ivi,rt'5«fntinf of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING-3/7/00 ORDINANCE APPROVING AMENDMENT 99-1,ETC. ir.the ....r""Court, was gubl.sb'iC in s.^cj^i-i-t;.''?'?in the issues of rv!C <£.":•,^J 'J !J A'fiav.f.jrth«r :»ays i'.n:di".sa>c Miami Daily Business Sfcsi-jw is a »".»-.vipap"i published at Miami in said Miami- Cad?Count',.F!:-.r:ilj.a:-i that the said newspaper has hceiotoM b«isn :-r.-ini:ou?;!y puMisned in said Miami-Dade County,riorda.*v-.r.j-;y '.except Saturday,Sunday and Legal Ho!id«ys;:i<-.d •••as Swn entered as second class mail matter -..<t^e oos:of'ice i.i Miami in said Miami-Dade Ccun'y.^3»:^a.'or a ce"crt c»oneyear next preceding the first pubiiC?iJcn c?the attached copy of advertisement;and affiant fctner says that sn«j has neither paid nor promised any person,'.iyn rr ccrfjy^rTTan'arty discount,rebate,com mission octt*:r.c'.y&jHsjf.rpose <p securing this advertise- Tiirx 'or jmnt<o&/2#<!-jfe s?id nvwscapnr. S»«iarn {p arid subscribedffefore me this- (SEAi.; Octeima v.-tr _"»/;a cs' MARIA I.MESA AMISSION *CC 885540UfA'£UW##MISS,0N *CC 885i ''*•&.&'Gcrtlcd TSvu fto'ary Pui'x Underwriters CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICEIS HEREBY giventhattheCity Commission oftheCityof South Miami.Floridawill conduct PublicHearingsduringitsregularCity Commission meeting Tuesday,March 7,2000 beginning at7:30 p.m..in theCity Commission Chambers.6130.Sunset Drive,to consider the fol lowing described ordinance(s): AN ORDINANCE OF THE MAYO"AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI.FLORIDA.APPROVING AMENDMENT 99-1 {DCA NO 0C-R1)TOTHE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE FUTURE -AND USE ELEMENT AS RE QUIRED BY RECENTLY EMACTEJ CHANGES TO FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; PROVIDING FOR RENUMBERING AND/OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHEN SIVE PLAN;PROVIDING FOR SEVERABILITY;ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading -November 2.1999) r AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI.FLORIDA.APPROVING AMENDMENT 99-2 (DCANO.00R1)TOTHE ADOPTED COM PREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVI SIONS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANG ES TO FLORIDA STATUTES;PROVIDING FOR RENUMBER ING AND/OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN:PROVIDING FOR SEVERABILITY.ORDINANCES IN CONFLICT.AND PROVID INGAN EFFECTIVE DATE.(First Reading -November 2. 1999) ANORDINANCEOFTHEMAYORANDCITY COMMISSION 1 OF THE CITY OF SOUTH MIAMI.FLORIDA.APPROVING AMENDMENT NO.99-3 (DCANO.00-R1)TOTHE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REME DIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED SET TLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;PRO VIDING FOR RENUMBERING AND/OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHEN SIVE PLAN;PROVIDING FOR SEVERABILITY.PROVIDING FOR ORDINANCES IN CONFLICT.AND PROVIDING AN EF FECTIVE DATE.(First Reading -November 16.1999)~* Said ordinance can be inspected inthe City Clerk's Office.Monday -Fri day during regular office hours. Inquiries concerning thisitem should be directed to the City's Planning Department at:663-6326. ALL interested parties are invited to attend andwill be heard. Ronetta Taylor.CMC City Clerk Cityof South Miami Pursuant toFlorida Statutes 286.0105.the City hereby advises the pub- ticthatifa person decides toappealany decision made bythisBoard, Agency or Commission with respect toany matter considered atits meet ingorhearing,heor she willneed arecordofthe proceedings,andthatfor such purpose,affected person may need to ensure thata verbatim record ofthe proceedings is made whichrecord includes the testimony andevi dence uponwhichtheappealistobe based. 2/25 00-3-022580/26436M 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5MIAMI,FLORIDA,APPROVINGAMENDMENT 99-3 (DCA NO.00-R1)TOTHEADOPTED 6 COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT 7TOTHE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OFA STIPULATED 8 SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT 9OF COMMUNITY AFFAIRS;PROVIDING FOR RENUMBERING AND/OR COMBINATION 10 PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF 11 THE SOUTH MIAMI COMPREHENSIVE PLAN;PROVIDING FOR SEVERABILITY; 12 PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS,inOctober1997theCity of SouthMiamiwasnotifiedbythe Florida 16 Department of Community Affairs that theCity's Comprehensive Plan Amendment Package 17 (DCANo.97-IER)wasnotin compliance with State standards;and 18 19 WHEREAS,one oftheissuesinvolvingnoncompliancerequiredtheCitytoproducea 20 remedial amendmenttotheHousingElementinordertoupdatethedataandobjectives pertaining 21toaffordablehousing within theCity;and 22 23WHEREAS,onApril21,1998,theCityCommission adopted ResolutionNo.109-98-10376, 24 approving a final Stipulated Settlement Agreement between theCity and the Florida Department 25 of CommunityAffairs,which included recommended remedial actions for revisingthe Housing 26 Element ofthe City's Comprehensive Plan;and 27 28 WHEREAS,on August 4,1998,theCity Commission adoptedOrdinanceNo.12-98-1660 29whichincludedinterimpoliciesstatingthattheCitywilldo additional studiesinordertoupdate 30andrevisetheHousingElement of the City's Comprehensive Plan;and 31 32 WHEREAS,ComprehensivePlan Amendment 99-3,Exhibit "A",hasbeenprepared,which 33contains amendments tothe text andgoals,objectives andpolicies of theHousing Element,all of 34 which amendments respondtotheStipulated Settlement Agreement andInterimPoliciesadopted 35as part oftheComprehensivePlanAmendment 98-IER;and 36 37 WHEREAS,on November 9,1999,afterPublicHearingregarding Comprehensive Plan 38 Amendment 99-3,the Planning Board,actinginitscapacityastheLocalPlanning Agency,voted 397-0totransmittotheCity Commission fortheir adoption,the Comprehensive Plan Amendment 40 99-3,Exhibit "A";and 41 42 WHEREAS,the City Commission desirestoacceptthe recommendations of thePlanning 43BoardactinginitscapacityastheLocal Planning Agency,andenacttheaforesaidamendment. 44 45 46 47 48 ,1 2WHEREAS,on November 16,1999,after Public Hearing ,theCity Commission adopted by 3 ordinance on first reading,Comprehensive Plan Amendment 99-3,Exhibit "A";and 4 5 6WHEREAS,theSouth Florida Regional Planning Council atits January 3,2000 meeting 7 found theCity's amendment package (DCA NO.00-R1),which includes Comprehensive Plan 8Amendment99-3,Exhibit "A",tobeconsistentwiththe Strategic RegionalPolicyPlanforSouth 9Floridaandfurther recommended itstransmittaltotheFloridaDepartment of Community Affairs; 10 and 11 12WHEREAS,the Florida Department of CommunityAffairsinacommunicationdated 13 February 4,2000 issued an Objections,Recommendation,and Comments Report(ORC)stating 14 that there wereno objections totheCity's amendment package(DCA NO.00-Rl)which includes 15 Comprehensive Plan Amendment 99-3,Exhibit"A". 16 17NOW,THEREFORE,BEITORDAINED BY THE MAYOR ANDTHE CITY COMMISSION 18 OF THE CITY OF SOUTH MIAMI,FLORIDA: 19 20 21 Section1.Comprehensive Plan,Amendment 99-3,Exhibit "A"totheSouthMiami 22 Comprehensive Plan which contains amendments totheText and goals,objectives and policies of 23the Housing Element,all of the amendments responding tothe Stipulated SettlementAgreement 24andInterimPoliciesadoptedaspart of the Comprehensive Plan Amendment 98-IER,beand 25herebyisapprovedandadopted. 26 27 28Section2.Any sectionsorparts of sections of thisordinancemayberenumbered and/or 29 combined with othersectionsorparts of sections of theSouthMiami Comprehensive Planandany 30 amendments thereto,asis necessary toensurethe continuity and consistency within and between 31 the various elements of the South Miami Comprehensive Plan. 32 33 34Section3.If anysection,clause,sentence,or phrase of thisordinanceisforanyreasonheld 35 invalid or unconstitutional by acourt of competent jurisdiction,the holding shall not affect the 36validity oftheremainingportions ofthisordinance. 37 38 39Section4.All ordinancesorparts of ordinancesinconflict with the provisions ofthis 40ordinanceare hereby repealed. 41 42 43 44 45 46 Page2 47 48 1 2 3Section5.Thisordinanceshalltake effect inaccordance with theprovisionssetforthin 4§163.3189(2)(a),FloridaStatutes. 5 6 7 PASSED AND ADOPTED this day of ,2000 8 9 ATTEST:APPROVED: 10 11 12 13 CITY CLERK MAYOR 14 15 16 17 18 Commission Vote: 19 READ AND APPROVED AS TOFORM:MayorRobaina: 20 Vice Mayor Feliu: 21 Commissioner Bethel: 22 Commissioner Russell: 23 CommissionerWiscombe 24 CITY ATTORNEY 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Page 3