Res. No. 109-98-10376RESOLUTION NO.,109-98-10376
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,RELATING TO PLANNING AND ZONING;
APPROVING A SETTLEMENT AGREEMENT BETWEEN FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS AND THE CITY OF SOUTH MIAMI,FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS,on February 17,1998,the City Commission adopted
Resolution No.39-98-10306 which proposed language for inclusion
in a stipulated settlement for the administrative hearing styled
as Department of Community Affairs vs.City of South Miami and
identifiedasDOAHCase No.97-49474GM;and,
WHEREAS,the final stipulated settlement agreement contains
the exact language as adopted by the City Commission;and,
WHEREAS,the final stipulatedsettlement agreement which is
attached is annexed and made a part of this resolution;and,
WHEREAS,upon approval ofa stipulated settlement agreement
the aforementioned action willbestayed;and,
WHEREAS,a public hearing advertised inan advertisement
published at least 10 days prior to the hearing in the manner
prescribed for advertisements in Section 163.3184 (15)(c),F.S.,
has been duly advertised andheld;and,
WHEREAS,Section 163.3184(15)(c),F.S.,readsas follows:
If the proposed comprehensive plan or plan amendment
changes the actual list of permitted,conditional,or
prohibited uses within a future land use category or
changes the actual future land use map designation of
a parcel or parcels of land,the required
advertisements shall be in the format prescribed by s.
125.66(4)(b)2.for a county or by s.166.041(3)(c)2.b.
for a municipality;and,
WHEREAS,Section 166.041(3)(c)2.b.,F.S.,readsas follows:
The required advertisements shall be no less than 2
columns wide by 10 inches long in a standard size or a
tabloid size newspaper,and the headline in the
Stipulated Settlement Agreement:April 21,1998 Page 1
advertisement shall be in a type no smaller than 18
point.The advertisement shall not be placed in that
portion of the newspaper where legal notices and
classified advertisements appear.The advertisement
shall be placed in a newspaper of general paid
circulation in the municipality and of general
interest and readership in the municipality,not one
of limited subject matter,pursuant to chapter 50.It
is the legislative intent that,whenever possible,the
advertisement appear in a newspaper that is published
at least 5 days a week unless the only newspaper in
the municipality is published less than 5 days a week.
The advertisement shall be in substantially the
following form:
NOTICE OF (TYPE OF)CHANGE
The (name of local governmental unit)proposes to
adopt the following ordinance:(title of the
ordinance).
A public hearing on the ordinance will be held on
(date and time)at (meeting place).
Except for amendments which change the actual list of
permitted,conditional,or prohibited uses within a
zoning category,the advertisement shall contain a
geographic location map which clearly indicates the
area covered by the proposed ordinance.The map shall
include major street names as a means of
identification of the general area;and,
WHEREAS,the stipulated settlement agreement sets forth a
schedule for the adoption of remedial amendments which will be
reviewed by the South Miami Planning Board,acting as the Local
Planning Agency,prior to adoption by the City Commission;and,
WHEREAS,the Mayor and City Commission desire to approve
the final stipulated settlement agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The final stipulated settlement agreement,which
is attached hereto,is hereby approved.
Stipulated Settlement Agreement:April 21,1998 Page 2
Section 2.The City Manager is authorized to execute the
settlement agreement upon direction bythe City Attorney.
Section 3.This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 21st day of April,1998.
ATTEST:
£LiJUZ^>
CITY CLERK
READ AND APPROVED AS TO FORM
J^/6<&z//#L
CITY ATTORNEY
APPROVED:
rA&&?4&>
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice-Mayor Oliveros:Yea
Commissioner Feliu:Yea
Commissioner Russell:Yea
Commissioner Bethel:Yea
Stipulated Settlement Agreement:April 21,1991 Page 3
To
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
MayorandCity Commission
From:Diana Morris
Deputy City Manager
Date:April14.1998 3t
Agenda Item #
Re:Comm.Mtg.04/21 /98
Stipulated Settlement Agreement
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING
TO PLANNING AND ZONING:APPROVING A SETTLEMENT AGREEMENT BETWEEN FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND THE CITY OF SOUTH MIAMI.FLORIDA:AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT:AND,PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
On August 19,1997.the City Commission adopted a package of 16-EAR Based Amendments to
the City's Comprehensive Plan,in order to implement recommendations contained in the 1995
Evaluation and Appraisal Report [EAR].On October 7.1997,the City received a letter from the
Florida Department ofCommunity Affairs [DCA]regarding their Statement ofIntent and Notice
of Intent to find the City's amendment package not in compliance with State standards.
On February 17.1998.the City Commission adopted Resolution No.39-98-10306.which
proposed language for inclusion in a stipulated settlement for the administrative hearing styled as
Department ofCommunity Affairs vs.City of South Miami and identified as DOAH Case No.97-
49474GM.The final stipulated settlement agreement,which is attached,contains the exact
language adopted by the City Commission.Upon approval of a stipulated settlement agreement
the aforementioned action will be stayed.
Within 60 days of execution of this agreement,the City Commission must consider the proposed
intenm amendments that contain the language as set forth in the stipulated settlement agreement
The process includes one public hearing before Planning Board and one public hearing before
City Commission.During the public hearing before City Commission,changes may be included
but the final language should be similar to that proposed in the stipulated settlement agreement.
RECOMMENDATION:Approval.
Attachments:
Proposed Resolution for Adoption
StipulatedSettlementAgreement
Advertisement and Reduced Map
City Manager's Report:Stipulated Settlement Agreement
Resolution No.39-98-10306
Letter from DC A,dated February 5.1998
Memorandum,dated October 16,1997
Summary to Date With Future Schedule
STATE OF FLORIDA
DIVISIONOF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs.
CITY OF SOUTH MIAMI,
Respondent.
DOAHCASENO.97-49474GM
STIPULATED SETTLEMENT AGREEMENT
Petitioner,Department of Community Affairs (Depanment),and Respondent,City of
South Miami (City),hereby stipulate and agree as follows:
GENERAL PROVISIONS
1•Definitions.As used in this agreement,the following words and phrases shall
have the following meanings:
a.Act:The Local Government Comprehensive Planning and Land
Development Regulation Act,as codified in Part II,Chapter 163,Florida Statutes.
b.Agreement:This stipulated settlement agreement.
c*Comprehensive Plan Amendment or Plan Amendment-The
comprehensive plan amendment adopted by the City on August 19,1997,by Ordinance No.20-
90-1641.
d.DOAH:The Florida Division of Administrative
Hearings.
e.In compliance or into compliant-Consistent with Sections 163.3177.
$
163.3178 and 163.3191,Florida Statutes.Section 187.201.Florida Statutes,the applicable
regional policy plan,and Chapter 9J-5.Florida Administrative Code.
f.Notice:The notice of intent issued by the Depanment to which way
attached its statement of intent to find the plan amendment not in compliance.
g.Petition:The petition for administrative hearing and relief nied bv :he
Depanment inthiscase.
h.Remedial Action:Aremedial plan amendment,submission of suc-ort
document or other action described in the statement of intent or this agreement as an aciior:
which must be completed to bring the plan amendment into compliance.
L Remedial Plan Amendment:An amendment to the plan or suddoh
document,the need for which is identified in this agreement,including its exhibits,and v/h:ch
the local government must adopt to complete all remedial actions.Remedial plan amer.Jments
adopted pursuant to this agreement must,in the opinion of the Department,be consists:vith
and substantially similar in concept and content to the ones identified in this agreemen:or re
otherwise acceptable to the Depanment.
J.Statement of Intent:The statement of intent to find the plan amendment
not in compliance issued by the Depanment in this case.
k*Suppon Document:The studies,inventory maps,surveys,data.
inventories,listings or analyses used to develop and suppon the plan amendment.
2.Entire Agreement.This is the entire agreement between the panies and -•.verbal
or written assurance or promise is effective or binding unless included in this documer.:.
3-Approval hv Governing Bodv.This agreement has been approved by ih-j <::y's
5*
governing body at apublic hearing advertised in an advertisement published at least 10 days
prior to the hearing in the manner prescribed for advertisements in Section 163.3184(15)(c),
Florida Statutes.This agreement has been executed by the appropriate officer as provided in the
City's charter or other regulations.
4.Changes in Taw.Nothing in this agreement shall be construed to relieve either
party from adhering to the law,and in the event of achange in any statute or administrative
regulation inconsistent with this agreement,the statute or regulation shall take precedence.
5-Other Persons HnaffrrtH.Nothing in this agreement shall be deemed to affect
the rights of any other person under the law.
6-Attomev Fees and Cos*.Each party shall bear its own costs,including attorney
fees.
7-Effective Date.This agreement shall become effective upon the last date of
signing by the Department or the City.
8-Purpose of this Agreement:Not Fstahlishing PrPr^H.n,The parties emer imo
this agreement in aspirit of cooperation for the purpose of avoiding costly,lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the plan amendment.The acceptance of proposals for
purposes of this agreement is pan of anegotiated agreement affecting many factual and legal
issues and is not an endorsement of,and does not establish precedent for,the use of these
proposals in any other circumstances or by any other local government.
9.Depanment Powm.The Depanment is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the plan
3*
amendment isin compliance.
10.Exhibits.Exhibits A and Bare hereby incorporated by reference.
11 •Negotiation of Agreement.The Depanment issued its notice and statement of
intent to find the plan amendment not in compliance,and filed the petition in this case to that
effect.Subsequent to the filing of the petition the parties conferred and agreed to resoive the
issues in the petition,notice and statement of intent through this agreement.It is the inter.;of
this agreement to resolve fully all issues between the panies in this proceeding.
12.Dismissal.If the City completes the remedial actions required by this aSrcc-,ent.
including the rescission of the plan amendment as set forth herein,the Department shaii issue a
cumulative notice of intent addressing both the compliance agreement amendment anc the initial
plan amendment subject to these proceedings.The Depanment shall file the cumulative notice
of intent with the DOAH along with arequest to dismiss this proceeding.
I3-F'Kng and Continuance.This agreement shall be filed with DOAH bv the
Department after execution by the parties.Upon the filing of this agreement,the ad.-r.:r.iKrcave
proceeding in this matter shall be stayed by the administrative law judge in accordance w,th
Section 163.3184(16)(b),Florida Statutes.
'4'Ration of Rjpht to FimlHnrin?.Both parties hereby retain the right to have a
final hearing in this proceeding in the even,of abreach of this agreement,and nothing in this
agreement shall be deemed awaiver of such right.The Department or any other part;,to this
agreement may move to have this matter set for hearing ifit becomes apparent that an;..,,er
party whose action is required by this agreement is not proceeding in good faith to uko th,t
action.
*
15>Description of Provisions not in Compliance and Remedial Actions:I pgal Fffi,,.,
ofA^reemem.Exhibit Ato this agreement is acopy of the statement of intent,which identifies
the provisions not in compliance.Exhibit Bcontains remedial actions needed for compliance.
This agreement constitutes astipulation that if the remedial actions are accomplished,the plan
amendment will be in compliance.
16-^medial Actions to be Considered for Adoption The City agrees to consider for
adoption by formal action of its governing body all remedial actions described in Exhibit Bno
later than the time period provided for in this agreement.
17•Adoption or Approval of Remedial Plan AmcnrWntc Within 60 days after
execution of this agreement by the parties,the City shall consider for adoption all remedial
actions or plan amendments and amendments to the support documents.This may be done at a
single adoption hearing.Within 10 working days after adoption of the remedial plan
amendment,the City shall transmit 5copies of the amendment to the Department as provided in
Rule 9J-11.011(5),Florida Administrative Code.The City also shall submit one copy to the
regional planning agency and to any other unit of local or state government that has filed a
written request with the governing body for acopy of the remedial plan amendment and acopy
to any parry granted intervener status in this proceeding.The amendment shall be transmitted to
the Depanment along with aletter which describes the remedial action adopted for each part of
the plan amended,including references to specific portions and pages.
18.Acknowledgement.All parties to this agreement acknowledge that the "based
upon"provisions in Section 163.3184(8),Florida Statutes,do not apply to the remedial
amendment.
*
19'Review of Remedial Amendments and N'mjce of Intent.Within 45 days .liter
receipt of the adopted remedial plan amendments and suppon documents,the Depanment shall
issue anotice of intent pursuant to Section 163.3184.Florida Statutes,for the adopted
amendments in accordance with this agreement.
a.In Compliance:If the adopted remedial actions satisfy this agreement,the
Depanment shall issue acumulative notice of intent addressing both the plan amendment and the
compliance agreement amendment as being in compliance.The Depanment shall file :his
cumulative notice with DOAH and shall move to have this proceeding dismissed.
b.Not in Compliance:If the remedial actions are not adopted,or ;::hey do
not satisfy this agreement,the Depanment shall issue anotice of intent to find the plan
amendment not in compliance and shall forward the notice to DOAH for ahearing as provided in
Subsection 163.3184(10),Florida Statutes,and may request that the matter be consoi:c:.:ed with
the pending proceeding for asingle,final hearing.The parties hereby stipulate to that
consolidation and to the setting of asingle final hearing ifthe Depanment so request-.
20.Effect of Amendment.Adoption of any compliance agreement amend-en:shall
not be counted toward the frequency restrictions imposed upon plan amendments pursuant to
Section 163.3187(1),Florida Statutes.
This agreement contains all the terms and conditions agreed to by the pames.
y
In witness whereof,the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS CITY OF SOUTH MIAMI
Charles Pattison,Director
Division of Resource Planning
andManagement
Date
Assistant General Counsel
Title
Date
Attest:
City Clerk
CityAttorney
3*
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
INRE:SOUTH MIAMI)
COMPREHENSIVEPLAN)
AMENDMENT ADOPTED BY)DOCKET NO.97-1ER-NOI-1323-(A)-(I)«.n)
ORDINANCENO.20-90-1641)
ONAUGUST 19,1997)
)
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENT
NOT IN COMPLIANCE
/"\T".
TheFlorida Department of Community Affairs hereby issuesitsStatementofIntentto
find the City of South Miami Comprehensive Plan Amendment 97-1ER,adopted by Ordinance
No.20-90-1641 onAugust 19,1997 Not In Compliance.The Department finds that the r an
amendment is not "in compliance,"as defined in Section 163.3184(l)(b),Florida Statu:--(7.S.),
because it is not consistent with Chapter 163,Part II,F.S.,the State Comprehensive Piar:.the
South Florida Comprehensive Regional Policy Plan,and Chapter 9J-5,Florida Administrative
Code (F.A.C.),forthe following reasons:
I-AMENDMENT TO THE TRANSPORTATION ELEMENT
A.Inconsistent provisions.The inconsistent provisions of the plan amendment under
this subject heading areasfollows:
1)The amendment is inconsistent because the amendment didnot include an adequate
analysis of the projected intermodal deficiencies and needs such as terminals,connect:en:.high
occupancy vehicle lanes,park-and-ride lots and other facilities.The City's repiv was no:
responsive to the ORC objection or the rule requirement.Describing the City's prorcred shuttle
EXHIBIT
_^3*
2.The City should analyze the FLUM densities,intensities and mixed use patterns
against the thresholds required to support transit The City should compare the existing FLUM
designations within the transit corridor to a professionally accepted source which has analyzed
densities and intensities which support transit.One such document is the Dade County MPO
document "Transit/Land Use Relationship Report."Where incompatible uses occur,an analysis
should be conducted that assesses FLUM alternatives that would be compatible.This analysis
should be completed prior to the Dade County MPO Long Range Transportation Plan Model
Update so that alternative land uses can be submitted to the MPO.The City should also create a
policy whereby it commits to completing this analysis upon completion ofthe Dade County
Metropolitan Planning Organization (DCMPO)Long Range Transportation Plan Model update.
The City should coordinate with Dade County regarding the submittal of land use data to the
MPO.The Department notes that the City has added Transportation Element Policy 1.6.4 which
states that the City will continue to update the City's Plan as specific information becomes
available from the MPO,Dade County,and the State ofFlorida.While the Department believes
that the general intent of this policy is moving in the right direction,the language is vague and
should be revised whereby the City will submit this analysis by adate certain subsequent to the
MPOupdate.
3)The amendment is inconsistent because the amendment does not adequately
analyze the compatibility of the transportation system needs with the Florida Department of
Transportation (FDOT)Adopted Work Program,long range transportation plan and plans of the
Dade County MPO,and the compatibility with the policies and guidelines of these plans.The
response is inadequate because it does not demonstrate whether the Cityh system needs are
3*
consistent with the FDOT Adopted Work Program and the long range transportation plan and
plans of the Dade County MPO.[Section 163.3177(6)0)5.;Rule 9J-5.005(2)(a);and Ruie 91-
5.019(3)(g),F.A.C]
B.Recommended remedial actions.These inconsistencies maybe remedied be
takingthefollowingactions:
3.Provide an analysis which demonstrates whether the City's system needs ire
consistent with the FDOT Adopted Work Program and the long range transportation riar.and
plans ofthe MPO.Furthermore,the Dade County MPO is now in the process of updatinz their
five-year work plan,and the Department is working with the MPO,FDOT-District 6?and Dade
County on ensuring coordinated transportation planning as part of the development of the County
Transportation Element The Department recommends that the City participate in this crocess.
4)The amendment is inconsistent because the analysis does not explicitly mizitss
and document internal consistency ofthe plan,especially its provisions addressing
transportation,land use,and availability of facilities and services.While the City's resucnse
speaks in general terms of how the transportation element is consistent with other growth
management goals ofthe comprehensive plan,it does not explicitly explain how the policies and
programs ofthe transportation element support and farther objectives and policies of other
comprehensive plan components.[Section 163.3177(6)0)5,F.S.;Rule 9J-5.005f2)(a):and
Rule9J-5.019(3)(i),F.A.C]
B.Recommended remedial actions.These inconsistencies may be remedied re
takingthefollowingactions:
4.The City's analysis must explicitly explain how the policies and programs ?fthe
3*
transportation element support and further objectives and policies of other comprehensive plan
components.The City's analysis should examine internal consistency such as,but not limited
to,whether the FLUM supports the transportation system,whether particular capital
improvements are needed,and whether the transportation system supports infill development.
5)The amendment is inconsistent because the City did not adequately analyze the
growth trends and travel patterns and interactions between.land uses and transportation,and the
compatibility between the future land use and transportation element.The City has provided a
general description ofhow growth and the transportation system interact based upon general
observations.Thisoverview,however,does notsatisfythe analysis requirements of the rule,nor
woulditsupportspecificrecommendations for policiesand programs to ensure greater
compatibility betweenthe transportation and future land use elements.[Section
163.3177(6)0)5.,F.S.;Rule 9J-5.005(2)(a);andRule 9J-5.019(3)(d),F.A.C.]
B)Recommended remedial actions.These inconsistencies mayberemediedby
takingthe following actions:
5.AsstatedinItemNo.2,theCity should analyzetheFLUM densities,intensities
andmixeduse patterns againstthe thresholds required tosupport transit.TheCityshould
compare theexistingFLUM designations withinthe transit corridor toa professionally accepted
source whichhasanalyzeddensitiesandintensitieswhichsupport transit.Thisanalysisshouldbe
completed prior totheDadeCountyMPOLongRange Transportation Plan ModelUpdateso
thatalternativelandusescanbe submitted totheMPO.Upon completion of theDade County
MPOLongRange Transportation PlanModelupdate,the City must analyzethe compatibility
3*
between the future land use and transportation element.The City should utilize the Dade County
MPO update to project future roadway capacities and mass transit ridership and utilize the ?:an
to project where growth will occur.The City could then determine the effects of growth on the
transportation system and vice versa.As recommended inItem No.2,the City shouid add a
policy whereby the City will submit this analysis by a date certain subsequent to the MPO
update.
6)The amendment is inconsistent because the City did not adequately analyze how
theCitywill maintain its adopted levelof service standard for roads and transit facilities.The
analysis does not show projected traffic and transit levels over the next five years and identify-
where LOS standards are expected to be exceeded.[Section 163.3177(6)0)5.,F.S.;R.uie 9J-
5.005(2)(a)and Rule 9J-5.019(3)(h),F.A.C.]
B-Recommended remedial actions.These inconsistencies may be remedied re
takingthefollowingactions:
6.Provide an analysis which shows projected traffic and transit levels oyer the next
five years and identify where LOS standards are expected to be exceeded.Tne analysis should
also include other methods of maintaining LOS standards such as,but not limited to.Capital
Improvement Element improvements to prevent LOS failures,changes in land use,or making the
transportation system more efficient.
7)The amendment is inconsistent because the following objective and noiieie:were
notincludedintheplan:
Rule 9J-5.019(4)(b)4.Address the provision of efficient public transit service;;l\-:ed on
existing and proposed generators/attractors,safeand convenient
public transit terminals,landuses,and accommodation of the-
specialneeds of the transDortation disadvantaged:
*
Rule9J-5.019(4)(c)3.
Rule9J-5.019(4)(c)7.
Rule9J-5.019(4)(c)9.
Rule9J-5.019(4)(c)10.
Rule9J-5.019(4)(c)ll.
establishparkingstrategiesto promote transportation
goals/objectives;
establish TSM strategiesto improve system efficiency andenhance
safety;
establish landuseand site and buildingdesign guidelines for
development in exclusive publictransitcorridorstoassurethe
accessibility of new development topublictransit;
establish numerical indicators-against which the achievement of
mobility goals of the community canbe measured,such as modal
split,annualtransittripspercapita,automobile occupancy rates;
establishment of strategies,agreements and other mechanisms with
applicablelocal governments andregionalandstateagenciesthat
demonstrate theareawidecoordinationnecessaryto implement the
transportation,land use,parking,and other provisions of the
transportation element
B.Recommended remedial actions.These inconsistencies maybe remedied by
takingthefollowingactions:
7.Include the objective and policies identified above.The objective and policies
mustbe based on appropriate analyses as discussed in preceding sections of the Statement of .
Intent.
8)The amendment is inconsistent because Transportation Element Objective 1.2,
which seeks to achieve coordination of the Future Land Use Plan and the Transportation
Element,does not insure that future land use,population densities,housing and employment
patterns are compatible withthe area's transportation modes and services.[Section
163.3177(6)0)5.,F.S.;Rule 9J-5.005(5)(a);and Rule 9J-5.019(4)(b)2.,F.A.C.]
B.Recommended remedial actions.These inconsistencies maybe remedied by
takingthe following actions:
V
8.TheCityshouldanalyzetheFLUMdensities,intensitiesandmixeduse patterns
againstthethresholdsrequiredtosupporttransit.Where incompatible usesoccur,ananalysis
should be conducted that assesses FLUM alternatives that would be compatible.The City should
comparetheexistingFLUMdesignationswithinthetransitcorridortoaprofessionallyaccepted
sourcewhichhas analyzed densities andintensitieswhich support transit.This analysis should be
completed priortotheDade County MPOLongRange Transportation Plan Model Update so
that alternative landusescanbesubmittedtotheMPO.AsrecommendedinItemNo.2.theCity
shouldaddapolicywherebytheCitywillrevisethisobjectiveand acid policies,if necessary,oy
adatecertain subsequent totheDadeCountyMPOupdate.The objectives and policies mustbe
basedonappropriateanalysesasdiscussedinpreceding sections of the Statement of Intent.
9)TheamendmentisinconsistentbecauseTransportationElementPolicy 1.1.1.
which establishes theroadwaylevel of service standard,didnotincludespecific reference tothe
LOSS for transit facilities.Furthermore,the City didnotadopttheLOSS established byFDOT
for facilities on the FIHS.[Section 163.3177(6)0)1.,F.S.,and Rule 9J-5.019(4)(c)l..F.A.C.]
B.Recommended remedial actions.These inconsistencies maybe remedied by
takingthe following actions:
9.Revise the amendment to include the LOSS for mass transit and adopt FDOT's
LOS standardfor facilities ontheFIHSinthe City.
10)The amendment is inconsistent because the City adopted a Transportation
Concurrency Exception Area (TCEA)but did not adequately address the provision to esta'rhsh
policies which specify programs to address transportation needs of the TCEA.[Section
&
163.3180(5)(b)and (c),F.S.,and Rule 9J-5.0055(6)(c),F.A.C.]
B-Recommended remedial actions.These inconsistencies may be remedied by
takingthefollowing actions:
10.The Department believes that if the City adds the objective and policies as
identified in Item No.7 as well as establishing objectives and policies based upon the additional
analysis requirements as discussed in preceding sections "ofthe Statement cf Intent,the
transportation needs ofthe TCEA willbe met.
11)The amendment is inconsistent because the Future Transportation Map did not
include parking facilities that are required to achieve mobility goals;TCEA;and intermodal
terminals and access to such facilities.[Section 163.3177(6)0)1.,2.,and 3.,F.S.;Rule 9J-
5.005(5)(b);and Rule 9J-5.019(5)(a)l.e.;(5)(a)4;and (5)(a)9.,F.A.C.]
B*Recommended remedial ^tinn«!These inconsistencies may be remedied by
takingthe following actions:
11.Include these items on the Future Transportation Map.
IL AMENDMENT TOTHE FT ITURE LANDTTSE ELEMFTsJT
A.Inconsistent Drovir;ons.The inconsistent provisions ofthe plan amendment under
thissubject heading are as follows:
1)The amendment is inconsistent because it includes a new mixed use FLUM
category,Mixed Use Cornmercial/Residential (Four Story),but does not include a minimum and
maximum range percentage of land use distribution among the mix of uses,and the density for
residential uses.While the City has established aFloor Area Ratio (F.A.R.)appropriate for non-
£
residential uses,a F.A.R.cannot adequately measure residential densities because dwelling units
vary in size which makes it difficult to determine the number of units that could be alio wed.
[Section 163.3177(6)(a),F.S.,and Rule 9J-5.006(l)(c)and (4)(c),F.A.C.]
B-Recommended remedial actions.These inconsistencies may be remedied bv
taking the following actions:
1.The Mixed Use Commercial/Residential (Four Story)category must be revised to
mclude the ininimum and maximum range percentage of land use distribution amon:the mix of
uses and include a residential density based on dwelling units per acre.
HI.FUTURELANDUSEMAP AMENDMENTS
A-Inconsistent provisions.The inconsistent provisions ofthe plan amendment under
this subject heading areas follows:
1.The City has adopted 4 FLUM amendments which involve converting land ares to the
Mixed Use Coinmercial/Residential (4 Story)category.As the Department has determined that
the Mixed Use Commercial/Residential (4 Story)category is not in compliance,these 4 FLUM
amendments are also not in compliance because ofthe problems associated with the land use
category.Listed below are the subject amendments.[Section 163.3177(6)(a),F.S.:Rule 9J-
5.005(5)(a);and Rule 9J-5.006(l)(c)and (4)(c),F.A.C.]
Amendment
Amendment No.I-
Madison Sauare
Total Acreage
2.41
Existing Designation
Single-Family Res,
Neighborhood Retail(2
Story)
10
Proposed
Desisnatio:
Mixed Vsa
Commercial ?.-j::i^ntial
3*
Amendment No.2-
Charrette Too
Amendment No.5-
CommuniryCenter
Amendment No.6-
Hometown District
14.21
1.46
40.6
Commercial Office Use,
Commercial Retail,
Public Institutional,
SingleFamilyRes,and
Vacant
LowIntensity Office (2
Story)
SpecialtyRetail/Res(4
Story),Neighborhood
Retail(2Story),
Residential-Office(2
Story),and Medium
DensityMultiple(4
Story)
Mixed Use
Commercial/Residential
Mixed Use
Commercial/Residential
Mixed Use
Commercial/Residential
B-Recommended remedial anting These inconsistencies may be remedied
by taking the following actions:
1.Upon revising the Mixed Use Commercial/Residential (Four Story)category
pursuant to ±q recommendation contained in Amendment to the Future Land Use FlemPnt
Recommendation No.1,these FLUM amendments will be found in compliance.
W-AMENDMENT TOTHEHOUSING ET.FMFNT
A.Inconsistent provisions.The inconsistent provisions ofthe plan amendment under
this subject heading are as follows:
1)The amendment is inconsistent because Housing Objective 1.3,which states that
the City will create and maintain affordable housing for all current and anticipated future resident
ofthe City,especially providing for households of very-low income,low-income,and moderate-
income,is not measurable because it lacks atarget by which the identified deficits in affordable
housing will be reduced.The associated policies,while establishing programs which could result
in the construction of affordable housing,do not establish the target by which the Citv will -
11
3*
reduce the deficit shown bythe Shimberg Study.[Section 163.3177(6)(f)l.d.,F.S.,and Rule 9J-
5.010(3)(b)3.,F.A.C]
B.Recommended remedial actions.These inconsistencies may be remedied by
takingthe following actions:
1.Revise Housing Objective 1.3 to include a measurable target such as,but not
limited to,number of affordable housing units to be built yearly.
v-CONSISTENCY WITH THESTATE COMPREHENSIVE PLAN
A.Inconsistent provisions.The inconsistent provisions ofthe plan amendment imder
thissubjectheadingareas follows:
1.The comprehensive plan amendment is inconsistent with the State Comprehensive
Plan goals and policies^including the following provisions (Rules 9J-5.021,F.A.C.):
a)Goal 5,Housing and Policy 3
b)Goal 16,Land Use and Policies 1and3
d)Goal 18,Public Facilities and Policies 1,7
e)Goal 20,Transportation and Policies 2,3,9,10,13,and 15
B-Recommended remedial action.These inconsistencies may be remedied by taking
thefollowingaction:
1.Revise the plan amendment.as described above in Section LB.through V.B.
VI-CONSISTENCY WITH THF.STRATEGIC REGIONAL POLICY PLAN FOR
SOUTH FLORIDA
A.Inconsistent provisions.The inconsistent provisions ofthe plan amendment under
thissubjectheadingareasfollows:
3*
1.The comprehensive plan amendment is inconsistent withthe Strategic Regional Policy
Plan for South Florida Plan goals and policies,including the following provisions (Rule 9J-
5.021,F.A.C.):
a)Goal 2.1,Land Use and Public Facilities and Policies 2.1.1,2.3.6,2.3.7,2.3.8,2.3.14,
2.3.18,and 2.3.21;
b)Goal 4.1,Economic Development and Policies 4rk5,4.1.10,4.1.11,4.1.12,and 4.1.16
d)Goal 5.1,Regional Transportation and Policies 5.1.1,5.1.3,5.1.5,5.1.6,5.1.8,5.1.10,
5.1.11,5.1.14,5.1.15,5,1.27,
e)Goal 6.1,Affordable Housing and Policies 6.1.1 and6.1.2
B-Recommended remedial action.These inconsistencies may be remedied by taking the
followingaction:
1.Revise the plan amendment as described above in Sections LB.through V.B.
13
3*
CONCLUSIONS
1.Theplan amendment isnot consistent withthe Strategic Regional Policy Plan for
South Florida.
2.Theplan amendment isnot consistent withtheState Comprehensive Plan.
3.Theplan amendment isnot consistent withChapter9J-5,Florida Administrative
Code.
4.The plan amendment is not consistent with the requirements of Section 163.3177,
Florida Statutes.
5.The plan amendment is not "in compliance,"as defined in Section 163.3 i 84(l)(b):
Florida Statutes.
6.In order to bring the plan amendment into compliance,the City may ccmpj ete the
recommended remedial actions described above oradoptother remedial actions
that eliminate the inconsistencies.
Executed this 1M day of fi*£U#4 .1997,at Tallahassee,Florida.
ik^
Qy Charles G.Pattison,Director
"^Division of Resource Planning
and Management
Department of CommunityAffairs
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
t a
9
1 I.AMENDMENT TO THE TRANSPORT
2
3 The following remedial amendment language is proposed as an addition to the existing goals
4 policies and objectives ofthe City's adopted and amended Transportation Element as follows:
6 Po'icv 1.6.6 Interim Policy:The Citv of South Miami shall complete the following
7 tasks within three months of insert date here,in order to be found in
8 compliance bv the Florida Department of Community Affairs-
9 ~*
10 An analysis of the existing transportation system,levels-of-servire and
11 service needs,based upon existing design and operating capacity most
12 recently available estimates for average and daily peak hour vehicle trips
13 existing modal split and vehicle occupancy rates,existing public transit
facilities,including ridership bv route,peakhour capacities and headway*
populationcharacteristicsincludingtransportationdisadvantaged,andthe
16 existing characteristics of trip generators and attractors.The City will
17 coordinate with FDOT and Dade County MPO to complete the analysis
18 Said analysis must show that the system is functioning and will identify
19 needs which will correct existing deficiencies ofthe transponation system
21 Policv 1.6.7 Interim Policy:The Citv of South Miami shall complete the following
22 tasks within six months of insert date here,in order to be found in
23 compliance by the Florida Department of Community Affairs-
24 ''
25 "An analysis ofthe availability of transportation facilities and services to
26 serve existinglanduses:and.
27
28 'An analysis ofthe availability of transponation system to evacuate the
29 coastal population prior to an impending natural disaster-and
30 ~~:
31
32
14
15
Ananalysisofthegrowthtrendsandtravelpatternsand interacting
between land use and transportation,and the comparability between the
33 future land use and transportation elements-and
34 '!'
35
36
37
38
39 "The analysis shall consider the projects planned for in FDOT's work
40 program,the long range transponation plan and traffic improvement
41 program (TTP)of the Dade County \fPO and the Metro Dade Transit
42 Authority and
43
44 *The analysis shall demonstrate how the Citv will maintain its adorned
45 level-of-service standard for roads and transit facilities-and.
Exhibit A
'An analysis ofthe projected transportation system level-of-service and
system needs based upon the future iand use categories,including the
intensities or densities,and the projected integrated transportation system
**
2 "The analysis shall address internal consistency ofthe plan,especially it*
3 provisions addressing transportation,land use,and the availability of
4 facilities:and.
5
6 #An analysis which identifies land uses and transportation management
7 programs necessary to promote and support public transportation system*
8 in designated transportation corridors
9
10
11
12
13 II.AMENDMENT TO THE FUTURE LAND USE ELEMENT
14
15 The following remedial amendment language is proposed as an addition to the existing goals
16 policies and objectives ofthe City's adopted and amended Future Land Use Element as follows
17
18 Mixed-Use Commercial/Residential (Four-Story)
19 The mixed-use commercial/residential land use category is intended to provide for different
20 levels of retail uses,office uses,retail and office services,and residential dwelling units with an
21 emphasis on mixed-use development that is characteristic of traditional downtowns.Permitted
22 heights,densities and intensities shall be set forth in the Land Development Code.Regulations
23 regarding the permitted height density and intensity in zoning districts for areas cesignated as
24 mixed-use commercial/residential shall provide incentives for transit-oriented development and
25 mixed-use development.Zoning regulations shall reinforce the_"no widenings"policy set forth
26 in the Traffic Circulation Element by encouraging use of Metrorail svstenv Pursuant to the
recommendation by the Department of Community Affairs to include Floor Area Ratio (FAR)
in the Comprehensive Plan,the City adopts a F.A.R.of 1.6 for this land use category which is
the existing F.A.R.m the Land Development Code for the corresponding zoning district In
30 addition,the Citv adopts a maximum residential density of 24 units per acre In order to ensn^
^am"of uses,the Citv requires that a minimum of two ofthe ahnve uses must he ri^nn^
\l ^lthm thlS categorv fr"residential projects at a minimum th*first floor mn.t all™n-n
33 For retai1 pr0Tects-at a minimum,at least on.fln0r must contain residential or office For office
34 Proiects.ata minimum,at least one floor must contain residential or retail
36
37
38
39 III.FUTURE LAND USE MAP AMFNnMFMTS
40
41
42
43
44
45
27
28
29
No language changes or map changes are proposed,as it is understood that the amendment
which is proposed in the previous section,if accepted,will satisfy DCA.regarding this section.
Exhibit A 3*
1IV.AMENDMENT TO THE HOUSING ELEMENT
2
3 The following remedial amendment language is proposed as an addition to the existing goals,
4 policies and objectives ofthe City's adopted and amended Transportation Element as follows-
5
6 Policy 1.3.6 Interim Policy:TheCitvof South Miami shall complete the fallowing
7 taskswithinthree months of insert date here,inordertobe found in
8 compliance bvthe Florida Department of Community Affairs-
9
10 Housing Data and analysis,and associated policies and objectives,based
11 uponthe Affordable Housing Needs AssessmentbvtheShimbergCenter
12 for Affordable Housing.University of Florida
13
14
15
16
17 V.CONSISTENCYWITHTHESTATECOMPREHENSIVEPLAN
18
19 No language is proposed,as it is understood that the aforementioned amendments together,if
20 accepted,will satisfy DCA.regarding consistency issues.
21
22
23
24 VI-CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN FOR SO FLA
25 —
26 No language is proposed,as it is understood that the aforementioned amendments together if
27 accepted,will satisfy DCA.regarding consistency issues
28
29
30
31 *
32
Exhibit A fi
CITY OF SOUTH MIAMI
NOTICE OF STIPULATED SETTLEMENT AGREEMFMT
WHICH PROPOSFS A CHANGE IN LAND USF
The City of South Miami proposes to accept a stipulated settlement agreement which
will affect the use of land,housing objectives and transportation within the areas on the
map (entire City)in this advertisement by the adoption ofthe following titled resolution:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,RELATING TO PLANNING AND ZONING-
APPROVING A SETTLEMENT AGREEMENT BETWEEN FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS AND THE CITY OF SOUTH MIAMI,FLORIDA-
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT-ANd'
PROVIDING AN EFFECTIVE DATE.
A Public Hearing by the City of South Miami City Commission will be held on Tuesday
April 7,1998,at 7:30 PM in the City Commission Chambers located at City Hall 6130
Sunset Drive,South Miami,Florida 33143,in order to adopt said agreement.
A copy of the proposed agreement is available in the Planning &Zoning Department
which is located at City Hall,6130 Sunset Drive,South Miami,Florida 33143,for review
prior to the Public Hearing.For more information,you may call (305)663-6327.
All interested parties may appear and be heard at the meeting for the transmittal of the
proposed amendments.Parties are invited to submit written comments and materials in
consideration of their views (F.S.163.3184).
You are hereby advised that if any person desires to appeal any decision made with
respect to any matter considered at this meeting or hearing,such person will need to
ensure that a verbatim record ofthe proceeding is made,which record includes the
testimony and evidence upon which the appeal is to be based (F.S.286.0105)
*
^
RESOLUTION NO.39-98-10306
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LANGUAGE TO
SATISFY THE DEPARTMENT OF COMMUNITY AFFAIRS,REGARDING
THE CITY'S 16 EAR-BASED AMENDMENTS TO THE COMPREHENSIVE
PLAN WHICH WERE ADOPTED VIA ORDINANCE NO.20-97-1641 ON
AUGUST 19,1997;PROVIDING FOR A SCHEDULE FOR REMEDIAL
AMENDMENTS;AND,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,on August 19,1997,the City Commission voted to
adopt Ordinance No.20-97-1641,regarding City's Amendment 96-2ER
(a.k.a.DCA No.97-1ER)to the adopted Comprehensive Plan which
implements recommendations contained in the City's adopted 1995
Evaluation and Appraisal Report [EAR];and,
WHEREAS,on October 7,1997,the City received a letter from
the Florida Department of Community Affairs [DCA]regarding their
Statement of Intent and Notice of Intent to find the Citv's
amendment package not in compliance with State standards,-and,
WHEREAS,DCA's findings are based on the following three
'H:(1)the analyses and data in the Transportation Element,
(2)thresholds for construction of retail,office and residential
uses in the Mixed-Use Commercial/Residential areas,and (3)a
target date for construction of affordable housing units in the
Housing Element;and,
WHEREAS,in conjunction with the City Attorney's Office the
staff of DCA has consented to terms that may be utilized 'in a
future stipulated settlement and in a remedial amendment,in
order for DCA to find the City's amendments in compliance;and,
WHEREAS,the City Commission finds that itis in the public
interest to resolve the aforementioned outstanding issues.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OFTHECITYOFSOUTHMIAMI,FLORIDA:AMISSION OF
Section 1.The attached language,contained in "Exhibit A"
and attached hereto,is hereby adopted as the future stipulated
settlement language to be used in a remedial amendment.
Response to DCA Resolution:February 17,1998
fi
Section 2 .The City Administration is instructed to transmit
this resolution tothe Florida Department ofCommunity Affairs on
February 18,1998,in order to continue the approval process.
Remedial amendments as indicated in Exhibit A are tobe scheduled
pursuant to the terms of the final stipulated settlement.
Section 3.This resolution shall take effect immediately
upon approval
PASSED AND ADOPTED this 17th day of February,1998
ATTEST
ITY CLERK O
READ :.ND APPROVED AS TO FORM
/r<-<£*<//«H.SL^/
"CITY ATTORNEY
=:\...ZAR-Amendo \3CA-NOI-Roa.doc
APPROVED:
J^^^^/<Q&*=t*C>t£cs
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice-Mayor Oliveros:Yea
Commissioner Feliu:Yea
Commissioner Russell:Yea
Commissioner Bethel:Yea
Resccnse to DCA Resolution:February 17,1998
2
i
2
3
4
5
6
7
8
9
10
11
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
45
Exhibit A
I.AMENDMENT TOTHE TRANSPORTATION ELEMENT
The following remedial amendment language is proposed as an addition to the existing goals
policies and objectives ofthe City's adopted and amended Transportation Element as follows:
Policy 1.6.6
Policy 1.6.7
Exhibit A
Interim Policy:The Citv of SouthMiamishall complete th*fon,vu,;„„
taskswithinthreemonths of insertdate here,inordertobe found in
compliance bvthe Florida Department of Community Affairs:
An analysis of the existing transportation system.levels-of-service and
service needs,based upon existing design and operating capacity,mnct
recently available estimates for average and daily peak hour vehicle trips
existingmodalsplitandvehicleoccupancy rates,existing public transit
facilities,including ridership bv route,peak hour capacities and headway*
population characteristics including transportation disadvantaged,and the
existing characteristics of trip generators and attractors.The City will
coordinate with FDOT and Dade County MPO to complete the analysis
Said analysis mustshowthatthesystemis functioning and willidentify
needs which will correct existing deficiencies ofthe transportation system
Interim Policy:TheCitv of South Miami shall complete the following
taskswithinsixmonths of insertdate here,inordertobe found in
compliancebvthe Florida Department of Community Affairs:
*An analysis ofthe availability of transportation facilities and services tn
serve existing land uses:and.
*An analysis of the availability of transportation systemto evacuate the
coastalpopulationpriortoan impending naturaldisaster:and.
*An analysis of the growth trends and travel patterns and interactions
between land use and transportation,and the comparability between the
future land use and transportation elements;and
"An analysis of the projected transportation system level-of-service and
system needs based upon the future land use categories,including,the
intensities or densities,and the projected integrated transportation system
*The analysis shall consider the projects planned for in FDQTs work
program,the long range transportation plan and traffic improvement
program (TIP)of theDadeCountyMPO.andtheMetroDadeTransit
Authority:and.
'The analysis shall demonstrate how the Citv will maintain its adopted
level-of-service standard for roads and transit facilities:and1
Z
Exhibit A
i
2 •The analysis shall address internal consistency ofthe plan,especially its
3 provisions addressing transportation,land use,and the availability of
4 facilities:and.
5
6 *An analysis which identifies land uses and transportation management
7 programs necessary to promote and support public transportation systems
8 in designated transportationcorridors.
9
10
11
12
13 II.AMENDMENT TO THE FUTURE LAND USE ELEMENT
14
15 The following remedial amendment language is proposed as an addition to the existing goals.
16policiesand objectives ofthe City's adoptedand amended FutureLandUse Element asfollows:
17
18 Mixed-Use Commercial/Residential (Four-Story)
19The mixed-use commercial/residential land use category is intended to provide for different
20 levels of retail uses,office uses,retail and office services,and residential dwelling units with an
21 emphasison mixed-use development thatischaracteristic of traditional downtowns.Permitted
22 heights,densities and intensities shall be set forth in the Land Development Code.Regulations
23 regarding the permitted height,density and intensity in zoning districts for areas designated as
24 mixed-u.se commercial/residential shall provide incentives for transit-oriented development and
25 mixed-use development.Zoning regulations shall reinforce the "no widenings"policy set forth
26 in the Traffic Circulation Element by encouraging use of Metrorail system.Pursuant tothe
27 recommendation bythe Department of Community Affairs to include Floor Area Ratio (F.A.R.)
28 in the Comprehensive Plan,the City adopts a F.A.R.of 1.6 for this land use category which is
29 the existing F.A.R.in the Land Development Code for the corresponding zoning district.In
30 addition,theCitvadoptsa maximum residential density of 24unitsper acre.Inordertoensure
31 a mix of uses,the Citv requires that a minimum of two of the above uses must be developed
32 wit.iin thiscategory.Forresidential projects,ata minimum,thefirstfloor must allow retail
33 For retail projects,ata minimum,atleastonefloor must containresidential of office.For office
34 projects,ata minimum,at least one floor must contain residential or retail.
35
36
37
38
39 III.FUTURE LAND USE MAP AMENDMENTS
40
41 Nolanguagechangesormapchangesare proposed,asitis understood thatthe amendment
42whichis proposed inthe previous section,if accepted,willsatisfyDCA.regarding thissection.
43
44
45
Exhibit A
*
Exhibit A
1 IV.AMENDMENT TO THE HOUSING ELEMENT
2
3 The following remedial amendment language is proposed as an addition to the existing goals.
4 policies andobjectives ofthe City's adopted andamendedTransportationElementas follows*
5
6Policy1.3.6 Interim Policy:TheCitv of South Miami shall complete thefollowing
7 tasks within three months of insert date here,in order to be found in
8 compliance bv the Florida Department of Community Affairs-
9
10 Housing Dataand analysis,and associated policies and objectives,based
11 upon the Affordable Housing Needs Assessment bv the Shimberg Center
12 for Affordable Housing.University of Florida.
13
14
15
16
17 V.CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
18
19 No language is proposed,as it is understood that the aforementioned amendments together,if
20accepted,will satisfy DCA.regardingconsistencyissues.
21
22
23
24 VI.CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN FOR SO FT A
25
26 No language is proposed,as it is understood that the aforementioned amendments together,if
27 accepted,will satisfy DCA.regarding consistency issues.
28
29
30
31 •>
32
Exhibit A
3*
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe,vibrant,sustainable communities"
LAWTON CHILES
Covernor JAMES F.MURLEY
Secretary
4 ......_.
February 5,1998 _;~
~**SB *>V;'93BillMackey
City of South Miami Planning Department
6130 Sunset Drive "'"'--•-•-
South Miami.FL 33143 i
•v
RE:Not In Compliance Determination for City of South Miami
Amendment No.97-1ER
Dear Mr.Mackey:
in this process has been J^SS"'*""**""*vM rf *"•Your heiP
With regard to the Mixed Use Commercial/Residential ("Four Stonrt lanH „..,.••ssue.we agree that the City can modify the Mixed Use calory LfolE:^^
^t^??££?^jz*rcatt8ory is intended to provide for **«emphasis oniSlr ,S°^^"^andreSidential dweIlinS ^^^>anheights,intend.Zt^T^^A^^^^^^towns.Permined
rcbiaennai Qensity ot x for von mav want tn *»ctoUi.vi,«•~^w •
Internet address:hUpr/Avww.state.tl.us/coman/dca.html
FlOW0A,CnrS CHWSWAMP^•OwiiWGDacnMdOfa ^dC^tatawMiCfe SOUTH FlOWOARKOmYOFFia
•.,^^33050.2227 .*£%£%£*»8«0NW *„,,«,
Miami,flof.a;J]1394322 5*
Mr.Bill Mackey
February 5,1998
Page Two
floor must al.owr^i..^^,^,1 --.nHnZTJgl*+p****I^r^^min^m ^SSSSSSS^gM
an J^^ass^sr°hf ^resiabHsh8smesubstantivecontentisnotaltered.Upon fmX the Mixed UseS?T^'"2 aS '°ng ffl(Four Story)category in compliance.FuL ^t^^^SST^'"'-'f „befound mcompiianc,p,ease provide me vyith ^^^J^Xi^-FSiyT!.
Regarding the Transportation Element,the Depanment aerees that th^rir,.pohcy whereby the City will complete the attached Short TerTSSsS^\
subsequent to the date in which the Department finds the rernTdial IminT m°nthSAswediscussedearlier,you do no,have to comS sK^ES?™T^'Twluchistheinitiallandusemodelingexercise.Lmj£^£?g£^3*f*k ZDevelopmentDistrictwhichcontainsaMixedUsecategoryThislteloT,nformsoftransportation.PJease provide me with adraft poHcy^y FebrS?SRS!*"""™
Dade C^Tr:^tLZ]^felinT *°DePanment iS Sti"W0^™**•*As soon as wSS^i?"*determmanon for the Transportanon Element.
that we should resolve mIL,Dadl §I7r ^"""^Wi*y°U °n >'our scheduie-'«pect--can^^^
Wp^^
had not mcluded policies to address the transportation needs ofthe TCEA Fn „7 T *,
Intent,we noted that if vou mmnu.j ,u„t •™£A"In our Statement ofThatisstillourposition"HoZ I £ISTvo^T ^^*addreSSedtoaddresstheTCEAandl^^^^S^SiSS^J ^"^
and transportsvS^T~^\^7!'"^P0™™demand managementujj,^Vilcni management.The benent of dome thisisthat th^rrv \;™~ubeaddressednowratherthanlaterIfvouchoosem»M tJ..•SUe CouldmebyFebruary18.1998.heSC P°ilCies'Please Provide them to
II
Mr.Bill Mackey
February 5,1998
Page Three
«.•u Fm^lYi Mf°r ***Housing ^sue,the City should be receiving acodv of th.„a .^Shimberg Center housing data for Miami-Dade County Th7n^^shZ^^daccuratereflectionofaffordablehousingintheG^Z^S!^^*T
increases or decreases than the previous studv Tf tL J^TJ-u u *™mve t0 PopulationCityshouldprovideananalysiso^vS£d ^S**"J™*?,*"*mdefici*>the
housing need.Please provide a policy wherebv the rin,™™^7 ,.affordahleandanalysisandassociatedol^^JS^^TZ^^SS^^<taamendmentsarefoundincompliance.Please provide me with %££&£tLry 18,
Please submit a draft response as outlined bvFebruarv 18 TQQR t™ii
Sincerely,
IdUjJl J),^M^10J2
Paul DiGiuseppe
Planning Manager
Enclosure
cc:Dave Dahlstrom.South Florida Regional Planning Council
AT
Potential Short TermGuidelines
0 Rule 9J-5.019(3)(a)states that an amendment must contain an analysis ofthe exists
transponation system,levels ofservice,and system needs The n^m!gCityprovideananalysisoftheexisting***!S£^^5^£ZS£"?
based upon crating design and operating capacity most recently avaiLhT 'f M"eeds'daily and peak hour vehicle trips existins mnHSnTf avallable estimates for averaaepublictransitfacilities.wSHS^f*"^J"""*rates'e*^ngpopulationcharacteristicsinduingISS^SS^SSZ ££5"••
-----rifyne^
22SSESE^t.SXffi,menm poiicir r*specific—
l-fa-2-?^-«-*corridor to atransit.Once such document i 5»SSS£SJSf^T^Which SUpp0rt
Potential Long Term Guidelines
l a sassaj^srdent upon the Dade c—-°«*-
'^dtS-SrS?K ?p»-*»**«--se-ices to sen,existing
•An analysis ofthe availability of transponation system to evacuate the coastal popular
*
prior to an impending natural disaster.[9J-5.019(3)(c),F.A.C 1
An analysis ofthe growth trends and travel patterns and interactions between land useandtransportation,and the compatibility between the future land use and transponationeIemems.(9J-5.019(3)(d),F.A.C.]transportation
An analysis ofthe projected transportation system level of service and system needsbaseduponthefuturelandusecategories,including their intensities or JmKTS theprojectedintegratedtransportationsystem.[9J-5.019(3)(f),FAC]^
The analysis shall consider the projects planned for in FDOT's work program,the lonerangetransportationplanandtrafficimprovementprogram(TIP)ofthe iffiw*
MPO,and the Metro Dade Transit Authority.[9J-5.019(3)(g)FAC1
Sir^SiS Shf dernSttate h0W *"City ^"^"^**^opted level of servicestandardforroadsandtransitfacffities.[9J-5.019(3)(h)FA C]
The analysis shall address internal consistency ofthe plan,especially its provisionsaddressingtransportation,land use,and the availability of facilities.[9J-5 0^3)°™
An analysis which identifies land uses and transportation management programsnecessarytopromoteandsupponpublictransportationsystemsindesiLttdpublictransportationcorridors.[9J-5.019(3)(j),F.A.C]S^wopuoiic
Upon completing these analyses,the City will have to include the required goals objectives andpoliciespursuantto9J-5.019(4).The Department recommends that me CifflCSi
&
c:
To:L.Dennis Whin
CityManager
From:BillMackey,AICP
Director of Planning &Zoning
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Date:October16,1997
Re:DCA'sNotice of Intent
DCA's NOTICE OF INTENT
Please find attached correspondence from the Florida Depanment of Community Affairs (")CA\
regardmg the EAR-based amendments adopted on August 19,1997.DCA has chosen to make afindingofAfarInComplianceforsomeoftheproposedchangesintheEAR-based amendments.
DCA's finding is based on the following three issues.The first issue is the analyses and data intheTransportationElement(this element is anew requirement by the State and,consequent!Ithepresenttime,few communities have been found to be in compliance on this ssue)ThesecondissueisrelatedtotheState's desire for thresholds to require construction ,f S3 Julandes.dential uses on every parcel in the proposed Mixed-Use Commercial/Res:c>r:ial are!
The third issue is related to insenion ofa completion date in the Housine Elemen-"vhiA ...potentially require the financing and construction of new,OMSSSS^-Stc^
!!rmK.COn,Venuati^S Wilh ^S°Uth Fl0rida ReSional PIanninS Coun«'staff on this marer it is
Sn nWh T *reqUeSt *"the iSSUK S6t f0nh in me "°tice be considered s«Sv «follows.1)the Transportation Element and (2)the Mixed-Use and Housine Element issue!ftisunlikelythataquicksolutioncanbeattainedfortheTransportationElementsue«'fJ,communiues mFlorida have been successful in satisfying DCA regarding"sue SF^CstaffhasbeenextremelyhelpfulandwillcontinuetoworkwithbothtiieCityandDCA.
At this point in the process,SFRPC staff advises that it mav be timely for the Citv Attorn ,contact counsel at DCA,as this issue is now alegal maner,due to the Notice of £ent^
Please be aware that this will delay the adoption of any zoning regulations related to these issues.
Thank you.
Earl G.Gallop,City Attorney
Ronerta Taylor,CMC,City Clerk
Carolyn Dekle,Executive Director,SFRPC
C3TS,Transportation Element consultants
c:\...'.EAK-Amer.es C»~.\.\0<j*-mem aos
Jft
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
UWrON CHILES
Governor
JAMES F.MURLEY
Secretary
'Helping Fioridians create safe,vibrant,sustainablecommunities'
The Honorable Anna Price,Mayor
City of South Miami
6130 Sunset Drive
South Miami,Florida 33143
DearMayor Price:
October 7,1997
"OCT 1 4 1997
'•L-Tu'.JtUVo L/iVibiw.
nOUDAOYS
CriBcaiioieConam
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SOUTH nOIIDA
Kcovnyofna
P.O.Box4022
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florid)33159-4022
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AmendrlenS^^determined that it does not m«t tne reoSSof^ChaS 16Tp£Tv\9'1"7 "*
Ordinance No.20-90-1641 The Notice „flr^Z v.1 n ComPiiance forpublicationonOctober1M997.Intem haS been sent t0 ±s Mian*Herald for
use e^SsS^SsS^^i^rtext 2rges to *»Future l^
ci*?^
Amendme^te^Amendment rSt SnXtKrSff1^!?f"d *'ComP«hensive PlanFriday,except for lesal hElc^L„ava,lab'e f?r PubI,c inspection Monday through
Hall/6130 sSrSi^SiiSS^^ST"^^3t "*S°Uth M^Ci*
to the lK'o^!dnSSS2KS F?tiCZ °^Intent aad Statement °f Inte<"Services for scheonBMo^fStokSS&.h •"DePartmem of ManagementStatutes.Anotherlenef XelSuTv^nh^X5?™^0 SeCtion 120-57-Florid^administrative hearinTprocesSdly„a?,°1UdeS addltI0nai information about thetoemphasizethedS^^S^S^I^T^^h°Wever''would likeamendmentprocessPOTnemSmterestmsolvingthisissuethroughtheremedial
PhSSS So^UJl\R°°AK B0UtEVA«0 'TALLAHASSEE.FLO.IDA 32399-2,00
,„,r:,hV h466/SUnC°m278-8466 •!*X:»04.M1.078t/S«ncon.2910781imerne.address:htlp://www.su,e.„.us/colI,a,f/d<:a hIm(J*
The Honorable Anna Price
October 7,1997
Page Two
If you have any questions,or are interested in discussing the mediation process
please contact Ken Metcalf,Community Program Administrator,or Paul DiGiusenne 'Planning Manager,at (850)487-4545.wiuacppc,
CGP/pd
Enclosures:Notice of Intent
Statement of Intent
Sincerely,
AjM^Charles G.Pattison,Director
Division of Resource Planning
and Management
cc:Bill Mackey,City of South Miami
Carolyn Dekle,Executive Director,South Florida Regional Planninc Council
id
^ST..-£OF FLORIDA A
DEPARTMENT OF COMMUNTrY AFFAIRS !?NOTICE OF INTENTTO FIND THE CTTY OF SOUTH MIAMI f
PLAN AMENDMENTS ADOPTED BY ORDINANCE NO.20-90-1641 ON AUGUST 19 1997 IHlT1 H^**
r«ww™«I^raK(mF0RTO1^CT0m™NEIIMEOT,ra MIXED USE K iP *'...C?MN^CIAIVRESroENTIAL ff00*S7011^DESIGNATION WITHIN THE FUTURE LAND I ^'"USEELEMENT.HOUSING OBJECTIVE U,AND FLUM AMENDMENT NOS.1,2,3 AND 6 *r-•-~.
ADOPTED PURSUANTTOORDINANCENO.20-90-1641 Wl-'./;;;:7
NOT IN COMPLIANCE
DOCKET NO.97-lER-NOI-1323-(AMD(N)
The Depanment gives notice ofits intent to find the City ofSouth MJami plan amendments ft '
adopted by Ordinance No.20-90-1641 on August 19.1997 IN COMPLIANCE except for the l
^S^T"^"^^H"USC CoinniercuuTReadentiai (Four Story)Designation within &the Future Land Use Element,Housmg Objective 1.3.and FLUM Amendment Nos.1.2,5 and 6
adopted pursuant to Ordinance No.20-90-1641 on August 19,1997 NOT IN COMPLIANCE
pursuant to Sections 163.3184,163 J187 and 1633189,F.S.
The adopted City ofSouth Miami Comprehensive Plan Amendments,the Department's
SE^?J^0™8"^0^•*«Comments Report (if any),and the Department's Statement ofintenttofindtheComprehensivePlanAmendment(s)Not In Compliance will be available for
S^SJSS?^Sr^^t l*P*CXCept fOT IegaI hoHdays'durin*nomai busin«*to«i,at the City ofSouth Miami City Hall,6130 Sunset Drive,South Miami,Florida 33143.
Any affected person,as defined in Section 163.3184,F.S.,has aright to petition for an-
administrative hearing to challenge the proposed agency determination that the above referencedS£S!!?'2*of South Miami Comprehensive Plan are In Compliance,as defined inSubsection163.3184(1).F.S.The petition must be filed within twenty-one (21)days after
££STJJ>£^a"**.""^bC maiIed °r ddivered t0 *»locai government and mustincludealloftheinformationandcontentsdescribedinRule9J-11.012(7).F.A.C.The petition
Z L^f^T^*Af!n^CIerk'Department of Community Affairs,2555 Shumard OakBoulevard,Tallahassee,Florida 32399-2100.Failure to timely file apetition shall constitute a
waiver ofany right to request an admmistrative proceeding as a petitioner under Section 120.57
fJL„™^T "5***PUrp0SC °f*"administnttiv«bearing will be to present evidence and
SIt^8T?ded0rder,0theDepa^nea,•Ifno petition is filed,thisNoticeofintentshallbecomefinalagencyaction.
This Notice ofIntent and the Statement ofIntern for those amendment(s)found Not In
Compliance will be forwarded by petition to the Division of Administrative Hearings (DOAH)of
the Depanment ofManagement Services for the scheduling ofan Administrative Hearins
pursuant to Section 120.57,F.S.The purpose ofthe administrative hearing will be to present
RelZ "?!-eSt,m°n?%R thC noncomPliance **u«sieged by the Department in its Objections,Recommendations,and Comments Report and Statement ofIntent in order to secure a
recommended order for forwarding to the Administration Commission.
Affected persons may petition to intervene in either proceeding referenced above.Apetition for
intervention must be filed at least five (5)days before the final hearing and must include all ofthe
information and contents described in Rule 60Q-2.010,F.A.C.No new issues may be alleged as a
reason to find a plan amendment not in compliance in a petition to intervene filed more than
twenty one (21)days after publication ofthis notice unless the petitioner establishes good cause
for not alleging such new issues within the twenty one (21)day time period.The petition for
intervention shall be filed at DOAH,1230 Apalachee Parkway,Tallahassee,Florida 32399-1550andacopymailedordeliveredtothelocalgovernmentandtheDepartment.Failure to petition to
intervene within the allowed ume frame constitutes awaiver ofany right such a person has to
request ahearing pursuant to Section 120.57,F.S..or to participate in the administrative hearing.
After an administrative hearing petition is timely filed,mediation is available pursuant to
fir^T?"189(,3)P°'TS-.t0 "*affteed person wh0 is made aP^<°«he proceeding byfihngthatrequestwiththeadministrativelawjudgeassignedbytheDivisionofAdministrative
Hearings.The choice ofmediation shall not affect aparty's right to an administrative hearing.
Charles G.Pattison,Director
Department ofCommunity Affairs
Division ofResource Planning
and Management
2555 Shumard Oak Boulevard
Tallahassee.Florida 32399-2100
'.••:i"
3b
SUMMARY TO DATE WITH FUTURE SCHEDULE
0 On November 21,1995,the City Commission adopted
the 1995 EAR,which was found to be sufficient by the
Department of Community Affairs.
0On January 7,1997,the City Commission votedto
adopt the second oftwo EAR-based amendment
packages for transmittal to DCA (first was TODD/RID).
0On April 9,1997,the DCA completed its review ofthe
amendment package andissuedan ORC Report
(Objections,Recommendations and Comments).
0OnAugust19,1997,the City Commissionvotedto
adopt a revised second amendment package,which
included specific responses to DCA's ORC Report.
0On October 7,1997,DCA issued aNoticeofIntent
where DCA made a finding of Not In Compliance for
portions ofthe proposed amendment package.
0 On February 17,1998,the City Commission adopted
Resolution No.39-98-10306 that set forth language for
a proposed stipulated settlement agreement.
0On April 21,1998,the City Commission will consider
authorizing the execution ofa settlement agreement.
0 Within 60 days of execution of the agreement,the City
will schedule public hearings for interim amendments
before the Planning Board,acting as the Local Planning
Agency,and the City Commission.A single adoption
hearing is permitted,but two maybe held as desired.
*
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«W
CITYOFSOUTHMIAMI,FLORIDA
NOTICEOFSTIPULATED
SETTLEMENTAGREEMENT
.^u^WHICHPROPOSES«:•>
ACHANGEINLANDUSE
TheCityofSouthMiamiproposestoacceptastipulatedsettlement
agreementwhichwillaffecttheuseofland,housingobjectivesand
transportationwithintheareasonthemap(entirecity)inthis
advertisementbytheadoptionofthefoUowingtitledresohraon:
ARESOLUTIONOFTHEMAYORANDCITY
COMMISSIONOFTHECITYOFSOUTH-MIAMI.
FLORIDARELATINGTOPLANNINGANDZONING;
APPROVINGASETTLEMENTAGREEMENTBETWEEN
FLORIDADEPARTMENTOFCOMMUNITYAFFAIRSAND
THECITYOFSOUTHMIAMI.FLORIDA;AUTHORIZING
THECITYMANAGERTOEXECUTETHEAGREEMENT:
AND,PROVIDINGANAFFECTIVEDATE.-.•.<*,•,.i.-.-•••
ApublichearingbytheCityofSouthMiamiQtyCommissionwillbeheldonTuesday,April21.1998,at7:30p.m..intheCityCommission
Chambers,locatedatCityHall.6130SunsetDrive,SouthMiami.
Florida,inordertoadoptsaidagreement.^•'•Sfiaa
AcopyoftheproposedagreementisavailableInthe'Planning&
ZoningDepartmentwhichislocatedatCityHall,6130SunsetDrive.
SouthMiami.Florida33143.forreviewpriortothePublicHearing.For
moreinformation,youmaycall(305)663-6327."
Allinterestedpartiesmayappearandbeheardatthemeetingforthe
transmittaloftheproposedamendments.Parriesareinvitedtosubmit
writtencommentsandmaterialsinconsiderationoftheirviews.(F.S.
1633184)
PursuanttoFloridaStatutes,286.0105,theCityherebyadvisesthe
publicthatisapersondecidestoappealanydecisionmadebythis
Board,AgencyorCommissionwithrespecttoanymatterconsidered
atItsmeetingorhearing,heorshewillneedarecordofthe
proceedings,andthat,forsuchpurpose,affectedpersonmayneedto
ensurethataverbatimrecordoftheproceedingsIsmadewhich
includesthetestimonyandevidenceuponwhichtheappealistobe
based''.
BJ
•am
rlT
dw
in
I'm
FRIDAY,APRIL10,1998
THEHERALDIfjfc