Loading...
Ord. No. 04-96-1604.1 ORDINANCE NO.4-96-1604 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA APPROVING AMENDMENT 95-1 TO THE ADOPTED COMPREHENSIVE PLAN,IN ORDER TO ESTABLISH A REDEVELOPMENT AND INFILL DISTRICT IN THE CITY OF SOUTH MIAMI BASED UPON THE RECOMMENDATIONS CONTAINED IN THE EVALUATION AND APPRAISAL REPORT;PROVIDING FOR RENUMBERING AND/OR COMBINATION OF 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 accordance with Chapter 163,Part II,F.S.,and Chapter 9J-5,Florida Administrative Code,theCityofSouth Miamiis required toprepareandsubmitforreviewbythe Department of Community Affairs an Evaluation and Appraisal Report [EAR]toassessand evaluate thesuccessand effectiveness oftheCityof South Miami's Comprehensive Plan;and, WHEREAS,on August 29,1995,after Public Hearing regarding the proposed EAR,thePlanning Board,actinginits capacity as the Local Planning Agency,voted 5:0to transmit tothe City Commission for their adoption,the1995 Evaluation &Appraisal Report ofthe South Miami Comprehensive Plan forthe 1989-1994 Planning Cycle,including recommendations regarding future vision of and community goals for the City of South Miami,Florida;and, WHEREAS,theEvaluation&Appraisal Report {EAR]contains recommendations for proposed amendments to the South Miami Comprehensive Plan,including an amendment to establish a Redevelopment &Infill District in the City of South Miami;and, WHEREAS,on August 29,1995,after Public Hearing regarding the proposed amendment,the Planning Board,acting in its capacity as the Local Planning Agency,voted 5:0 to recommend approval of Amendment 95-1,in accordance with the procedures under Chapter 163,Part II,F.S.,Rule 9J-5,F.A.C.,and the City of South Miami adopted EAR Public Participation Plan;and, Amendment 95-1 Ordinance Page #1 WHEREAS,the City Commission desires to acceptthe recommendations of the Planning Board,acting in its capacity as the Local Planning Agency,and enact the aforesaid amendment; NOW,THEREFORE,BE IT ORDAINED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: MAYOR AND CITY Section 1.Amendment 95-1 to the adopted South Miami Comprehensive Plan,which establishes a Redevelopment and Infill District in the City of South Miami,based upon the recommendations contained in the Evaluation &Appraisal Report, attached hereto and entitled "Exhibit 95-1",be,and hereby is, approved and adopted. Section 2.Any sections or parts of sections ofthis ordinancemaybe renumbered and/orcombinedwithothersections orpartsofsectionsoftheSouthMiami Comprehensive Planand anyamendments thereto,asisnecessarytoensurethecontinuity and consistency within and between the various elements ofthe South Miami Comprehensive Plan. Section 3.If any section,clause,sentence,or phrase of this ordinance isforany reason held invalid or unconstitutional byacourtofcompetent jurisdiction,theholdingshallnot affect the validity ofthe remaining portions ofthisordinance. Section 4.All ordinances or parts of ordinances in conflict with the provisions ofthis ordinance are hereby repealed. Section 5.This ordinance shall take effect immediately at the time of its passage. PASSEDAND ADOPTED this 16th dayof April,1996. CITY CLERK (^/ READ AND APPROVED AS TO FORM —'gKy7 <£>-^7/^A- CITY ATTORNEY APPROVED: MAYOR COMMISSION'VOTE: Mayor Cunningham:Yea Vice Mayor Robaina:Yea Commissioner Price:Yea Commi ssip!^£e.^MkUpo&£o« Commissioner Bethel:Yea Amendment 95-1 Ordinance Page #2 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:MayorandCityCommission Date:April9,1996 _^C^e^CJi^^<-i5fi*-f^Agenda Item #•F*6m:v EacueCox^'^Re:Comm.Mtg.04/16/95 CityManager Plan Amendment 95-1 AMENDMENT 95-1 REQUEST: AN ORDINANCE OFTHEMAYORANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA APPROVING AMENDMENT 95-1 TO THE ADOPTED COMPREHENSIVE PLAN,IN ORDER TO ESTABLISH A REDEVELOPMENT AND INFILL DISTRICT INTHE CITY OFSOUTH MIAMI BASED UPONTHE RECOMMENDATIONS CONTAINED IN THE EVALUATION AND APPRAISAL REPORT;PROVIDING FOR RENUMBERING AND/OR COMBINATION OF 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.{2nd Reading) BACKGROUND &ANALYSIS: The purpose of this district isto eliminate concurrency requirements for traffic impacts on local, County and regional roadway networks inthe district.This traffic concurrency exception will permit more intensity and diversity of development and redevelopment within the district. The proposed RID is comprised of the existing medical and office community located west of SouthDixieHighwayalongSunsetDriveandS.W.62Avenueandincludesthecommercialarea around Progress Road and Commerce Lane. The Planning Board voted 5:0 to recommend approval of the proposed amendment to create a Redevelopment andInfillDistrict [RID]. RECOMMENDATION.Approval. f p J EXHIBIT 95-1 f To: From: •(flBTWJttlBli..CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Dean Mimms,AICP Director of BZCD Brian T.Soltz^^^^ PlanningTechnician Date:October 18,1995 Re:Comprehensive Plan Amendment Redevelopment and.InfillDistrict The attached reportisone of the City's EARbased Comprehensive Plan amendments.This amendment willbe transmitted simultaneously tothe Department of Community Affairswiththe adoptedversion of theCity's1995EvaluationandAppraisalReport. f ATTACHMENT 1 2000 URBAN DEVELOPMENT BOUNDARY(FOR INFORMATION ONLY. AS CURRENTLY DEPICTED ON THE LAND USE PLAN MAP.MAYBEAMENDED PERIODICALLY) \N METRO-DADE COUNTY PLANNINGDEPT. 1 ATTACHMENT 3 REDEVELOPMENT AND ID LEGAL DESCRIPTION Begin ata point near the centerline of Southwest 57Avenue (Red Road)atthe northeast corner ofthe southeast quarter ofthe southeast quarter of Section 25,Township54 South,Range 40 East,said pointbeingthe approximate intersection ofthe centerline ofS.W.68 Street and the western right-of-way line ofthe Florida East Coast Railway Company,nowthe western right-of- wayline for MetroRail;thence running southwesterly along the western right-of-way line ofthe Florida East Coast Railway Company,nowthe western right-of-way line for MetroRail,a distance of 4,350 feet,more or less,toa point onthe west line ofthe northeast quarter ofthe southeast quarter of the northwest quarter of Section 36,Township 54 South,Range 40 East; thence running north along thewest line ofthe northeast quarter ofthe southeast ofthe northwest quarter of said Section36,a distance of 73.21 feet,more or less,tothe southwest corner ofthe east halfofthe northeast quarter of the northwest quarter of Section 36;thence continuing north along the west lineofthe east halfofthe northeast quarter ofthe northwest quarter,a distance of 1,346.27 feet,moreorless,tothe northwest comer of theeasthalf of the northeast of the northwest quarter of Section 36,said point being onthe centerline of S.W.72 Street (Sunset Drive);thence running east along the centerline of S.W.72 Street (Sunset Drive),the same being thesouthline of Section25,Township 54 South Range 40 East,a distance of six feet,moreor less,toa point onthe centerline of S.W.72 Street (Sunset Drive);thence running north along a line parallel to and six feet east ofthewest line ofthe southeast quarter ofthe southeast quarter of the southwest quarter of Section 25,a distance of 654.65 feet,more or less,toa point onthe centerline ofS.W.70 Street;thence running east along the centerline ofS.W.70 Street,the same beingthe north line of the southeast quarter ofthe southeast quarter ofthe southwest quarter of Section25,a distance of 193feet,moreor less;thence running southa distance of 150 feet; thence running easta distance of 137 feet;thence running north a distance of35 feet;thence running east a distance of 182 feet,more or less;thence running north a distance of90 feet,to apointonthe centerline ofS.W.70 Street;thence nmning east along the centerline ofS.W.70 Street,a distance of 149feet,moreorless,tothe northeast comer of thesoutheast quarter of the southeast quarter ofthe southwest quarter of Section 25,said point beingthe intersection ofthe centerline of S.W.70 Street andthecenterline of S.W.62 Avenue;thence continuing eastalong the centerline of S.W.70 Street,the same being the north lineofthe southwest quarter ofthe southwest quarter ofthe southeast quarter of Section 25,a distance of976 feet,more or less,to the intersection of the centerline of S.W.70 Street and the centerline of S.W.59Place;thence running north along the centerline ofS.W.59 Place,a distance of 654 feet,more or less,tothe intersection of the centerline of S.W.59Placeandthe centerline of S.W.68Street;thence running east along the centerline of S.W.68 Street,the same being the north line of the south half of the southeast quarter ofthe Section 25,a distance of 1,681 feet,more or less,tothe northeast corner ofthe southeast quarter ofthe southeast quarter of Section 25,Township 54 South,Range 40 East,said point being the approximate intersection ofthe centerline of S.W.68 Street and the western right-of-way line of the Florida East Coast Railway Company,now the western right-of-way linefor MetroRail,said point beingthe Point of Beginning. 7 South Florida Regional Planning Council IX gPtJFTSf yr* Im«x. lliia^r-l A ITACHMhiN 1*2 JJ *i T r=-u»LLf jJL?t Iif-T*—fc:— «•*•*•«c«ir i—r i ^y^ 4iftTHTl*. £±3-£= ••141IUUI I'll*•:•»•••I \^^ jmr -,i -i f v • IIVfllA * M JC5.^ r- TT T=rr M5*=S '~P ',TIM'/ i=S hrs- *• mmffiBfflS *«.. LAND USE PLAN AMENDMENTS 11 Attachment City of Coiai Gobies Traffic Concuirencv Exception Area Not to 40TH ST.I, Bird Bd 38THST. Millar Of. 64THST. HtrtftaOr. 72NDST. SunMl Or. BOTH ST.M Davts Rd. ATTACHMENT 4 Redevelopment and Infill District 4 Soura «!'-»-*»«-*»«City ofSouth Miami <OTH ST.i Bird Rd. SBTHST. Mniar Or. 64TM8TJ Mardaa Or. 72NOST. (unsat Or. BOTH ST.te Davis fld.H ATTACHMENT 5 pyra II111IIIIII £?&liv/foft;jil ServiceArea Sanitary SewerService Area Source:CityofSouthMiami.1995 Robert K.Swarthout.Incorporated 1987 City ofSouth Miami I IC'JltJGDLZDi; <otwst Jlh^lf —»«'If" Bl>d Rd. 56TH ST Mllltr Df. 64THST Mird«t 72ND ST. "unni Or. BOTH ST Davis Rd IV - 1^=) ,—:•j—i,U'J £"\\fl W "'II if »•• LZCT ATTACHMENT 6 -L twrrnr,CV\DECOLNTY| II It ii ,f,{ao(gij- —it ••UJ1—I _«jT jr""if ••""• _lri«JLILL l-as-i J i- """"'"fciiiiiii" Existing Roadway Design 6 Lane Divided 4 Lane Divided ••••4 Lane —-»•—•2 Lane Signalized 0 Intersection Source:Florida Department of Transportation.1994. City of South Miami 1995 City ofSouth Miami ATTACHMENT7 IFBlDCZiiLOADeCOJT^TY!othst,"J—»ii—;;"iiirnniiIIIIIIllIIIIllli BirdRd."'""""""''""""•""'••'••"iMiimiiiiiimiiiiiiiiiMiiiMiiiiiiiiiiimiiiil .•ftI•IIllilmllIt* 1— SunseiOr. BusRoutesServingSouthMiami CityofSouthMiami Source:DadeCountyTransitAgency1987 RobertK.Swarthout.Incorporated1987 Route72 Route57 liiiiiiiiiiitiiitRoute40 ,mRoute56 s:=:=:=r:rRoute67 Route52 Route48 Route37 72NOETC-* Sunn; BOTHST. DavisRd. Floodplains Source: ATTACHMENT8 SJJUUUI fflF ggwgpra100-YearRoodRain ^s?wS:j500-YearRoodPlain Araasd8t8rrntn«dlobe outside500-y«B'<lood plain. FederalEmergencyManagementAgency1987 RobertK.Swarthout,Incorporated.1987CityofSourhMiami To: rrom: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Dean Mimms,AICP Director of BZCDDept. Date:August 25,1995 Bill Mackey Planner /7 - Ub Re:PB-95-012:EAR-based Amendment Redevelopment andInfill District REQUEST: PB-95-012 Applicant: Request: Format: Local Planning Agency Redevelopment and Infill District [RID1 Amendment PlanningStaffwill make a presentation to members of theBoardand request a motion for approvalto transmit an amendment onbehalf of thePlanningBoard actingasLocalPlanningAgencytothe City Commission. BACKGROUND &ANALYSIS: Attachedplease fmd aproposalforanEAR-basedamendmenttotheComprehensivePlanwhich establishesa transportation concurrencymanagementareafortheCityofSouthMiami.Staffis preparingfurther revisions toincludecity-wideconcurrency exemption basedontheapproved amendment submitted by Metro-Dade County Planning Department (seeDade County exhibit). Afinal amendment package fortransmittaltotheFloridaDepartment of CommunityAffairswill be assembled to include the recommendations of the Planning Board and input fromthepublic. RECOMMENDATION: Staff recommends thatthePlanningBoardvotetorecommendapprovaloftheamendment. COMPREHENSIVE PLAN: Theproposalis consistent withtherevisedgoals,objectives andpoliciesproposedinthe Evaluation &Appraisal Report of theCityofSouthMiami adopted Comprehensive Plan. APPLICABLE REGULATIONS:Rule9J-5,F.A.C,Rule 9J-11,F.A.C,&Chapter 163,F.S. 1 ITEM = Applicant: Request: Format: FB—95 —00.2 Local Planning Agency Redevelopment.and Infill District Amendment Planningstaffwillmakeapresentationto members oftheBoardandrequestamotionfor approval to transmit an amendment on behalf of the Planning Board acting as Local Planning Agency tothe City Commission. Staff recommended approval oftheamendment. Publichearingwas opened. There being no one present wishing to speak for or against the amendment,publichearingwas closed. Motion:Mr.Eisenhart moved approval of the amendment.Mr.Basu seconded the motion. Vote Approved:5Opposed:0 1 CITY OF SOUTH MIAMI COMPREHENSIVE PLAN AMENDMENT redevelopment and infill district NOVEMBER 1995 f REQUEST Asa result oftheCityof South Miami's 1995 Evaluation and Appraisal Report,the Local Planning Agency recommends that theCity amend its Comprehensive Plan to create a redevelopment and infill district,within which an exception for transportation concurrency would be created.The purpose ofthe amendment isto promote redevelopment and infill in appropriate parts of theCity. BACKGROUND South Miami is located inthe southern portion of Dade County.Urban development within the region has been concentrated on anarrowarea between the Atlantic Ocean ontheeastandthe Everglades tothewest,creating a pattern that includes almost one-third ofthe population of Florida.Boundedontheeastin part bythe affluent residential communityof Coral Gables,and its prestigious University of Miami,andwithineasyaccesstomajor transportation corridors, South Miami isa part ofoneofthe most rapidly growing areas of Dade County.TheCityof South Miami coversa rectangularly shaped area whichis approximately defined byBirdRoad onthenorth,Davis Road on the south,RedRoadontheeastand Ludlam Roadonthewest.The Cityis surrounded entirelyby unincorporated Dade Countyexcept for a small border with Coral Gables onthe east.TheCityis also noncontiguous between Miller Drive and Bird Roadwith portions of theCitydividedby sections of unincorporated DadeCounty. The purpose of establishing this area isto promote redevelopment and infill development inan area thatis already nearly fully developed.Thisinfilland redevelopment will promote urban intensification asan alternative to fringe area expansion and suburban sprawl.The proposed area is unique inthatitis served bya full range of public facilities including an extensive road network,a public transit system,potable water facilities,wastewater collection and disposal facilities,public parks andpublic schools. Though not previously designated as a redevelopment and infill district,the area encompassed bythe proposed boundary has always been a focus ofmany efforts bytheCity,including: 1)TheHometown District designation for thecommercial area east of US1.This mixed-use retail,officeand residential district includes architectural andbuilding standards in order to promote a safer andmore pleasant environment forboth vehicular users and pedestrian users.This area is directly adjacent tothe proposed Redevelopment and Infill District. 2)TheHometownToo redevelopment area.This area is similar tothe Hometown districtinthatit promotes mixed-use retail,officeand residential sites.The proposedRedevelopmentandInfilldistrictis primarily withintheHometownToo redevelopment area. 3)A proposal is currently being studied to establish alighttrolleysysteminthis part of theCity traveling from the Bakery Centre,a large mixeduse redevelopment 1 project,to South MiamiHospitalandtheSouth Miami MetroRail Station.The purpose ofthe shuttle isto promote the use of public transportation andto provide alinkbetweentheeasternandthe western halvesoftheCity. The City's 1995 Evaluation and Appraisal Report stated that itis the intention of the City to continue to promote projects that encourage infill and redevelopment;however,duetothe City's stringent traffic concurrency requirements this will not be possible.Other governmental jurisdictions adjacent tothe City have already been approved orare seeking approval of similar districts which also include transportation concurrency exception.Therefore,it is-now or soon will be possible for a business to locate across the street from the City in either Dade County's Urban Infill Area (attachment 1)orthe proposed Gables Redevelopment andInfill District (attachment 2)withouthavingto address transportation concurrency,whileontheothersideof the street theCityisstill attempting to enforce transportation concurrency,having totakeinto accounttransportationimpactsgeneratedbytheprojectacrossthestreet.Clearly,thisisnota result contemplated or sanctioned bythe 1993 amendments tothe Growth Management Act. The proposed Redevelopment andInfill District willbe created pursuanttoF.S.163.3180 and F.A.C.9J-5.0055(6).Theintentionofthis legislation istopromoteinfill development and/or redevelopment within selected portions of urban areas ina manner that supports the provisions ofmoreefficientmobility alternatives,including public transit.The legislation alsosetsforth guidelines that must bemetin order for a local government to create this redevelopment and infill district.This includes the requirement that the area be delineated inthe Comprehensive Plan,the Comprehensive Planmust contain objectives and policies which specify actions and programs to promote infillandredevelopment.Inaddition,theareamustnot contain morethan 10 percent developable vacant landand where nonresidential useisthe predominate typeofuse, the nonresidential density shallbeat least a floor area ratio of1.0per gross non-residentially developedacre of landuse. DATA AND ANALYSIS Thespecificgeographicarea of the Redevelopment andInfillDistrict(RID)isasfollows: (See Attachment 3) AsstatedinthesectionaboveChapter163,F.S.containsrequirementsthattheareamustbe nearly fully developed and contain an average floor area ratio of 1.0 per gross non-residentially developed acreoflanduse.The following list presents alanduseanalysisofthe RID based upon data obtained duringthe 1995 evaluation ofthe City's Comprehensive Plan: 7 REDEVELOPMENT AND INFILL DISTRICT LAND USE ANALYSIS (Analysis Basedon 1995 EARData&Analysis,Dade County Property Records, GroundSurveys,Aerial Surveys,and FLUM Analysis) Land Use Single Family Residential Multi-Family Commercial (Office) Commercial (Retail) Hospital Parks and Recreation Public Vacant Land TOTAL AVERAGE DU/ACRE OF RESIDENTIAL USES: AVERAGE F.A.R.OF NONRESIDENTIAL USE: Acres Percentage 0 0 4.02 7% 11.37 21% 11.73 21% 18.67 34% .5 1% 5.29 10% 3.23 6% 54.81 100% 31.3 DU/Acre 1.03 F.A.R. The above identified areais shown as attachment 4.The boundaries of this district encompass themost "mature"portion ofthe City where coverage by urban infrastructure and services is virtually complete.As shown in attachment 5,the proposed area for redevelopment and infill is located in an area well served by an extensive sanitary sewer system.The RID is also served by several expressways located just outside of the City boundaries,and an established roadway network (attachment 6).In regard to public transit,the area within the RID is served by an elevated rapid transit system (MetroRail)and by an extensive county wide bus system (attachment 7).In addition toallofthe above referenced factors,the floodplain is also a determining factor inthe location ofthe proposed boundaries.Attachment 8 shows the current floodplain in relationship to the RID boundaries.It is regional policy to promote development in areas located outside of thefloodplain. Currently,the City is in the process of notifying the Metropolitan Planning Organization,the Florida Department of Transportation,and adjacent local governments of the City's initiative to establish a RED.The City may hire a transportation consultant to determine what impacts the RID would haveontheFloridaIntrastate Highway System. 1 PROPOSED AMENDMENTS 1)Amendment to the Future Land Use Map to reflect the boundaries of the Redevelopment and Infill District (RID)as shown in attachment 1. 2)Addthe following objective and policies tothe Transportation Element ofthe plan: Objective 1.6 The Citv willencourage transportation orienteddevelopmentthroughthedevelopment of the Redevelopment and Infill District and the Transportation Oriented Development District. Policy1.6.1 Aproposeddevelopmentwillnotbedenieda concurrency approval for transportationfacilitiesprovidedthatthe development is otherwise consistent with theadoptedComprehensive Plan anditmeetsthe following criteria pursuant to Section 163.3180.Florida Statues: JQ The proposed development islocatedwithinthe Redevelopment andInfill District:-eF-AND 2}If theproject would resultinanincreaseinpeak-periodtraffic volume on the FIHS roadwaythatisoperatingbelowanyadoptedLOS standard, which increase wouldexceed 2percent of thecapacity of theroadwayat theadopted standard,theCitvshallrequirethedeveloperandsuccessors to implement andmaintaintripreductionmeasurestoreducetravel bv single-occupant vehicles sothattheresultantincreaseintraffic volume dose not exceed 2percent. TheCitv of SouthMiamishallincludeinits concurrency management program appropriaterulesthataddressthispolicyandareconsistentwiththe requirements of Chapter163.PartIIFloridaStatutes. 7