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PB MINS 09-27-04 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 27, 2004 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Gibson, Ms. Yates, Mr. Liddy, Mr. Comendeiro, Mr. Illas, and Mr. Mann. Board members absent: None City staff present: Don O’Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Administrative Matters No administrative matters were discussed. Board member, Mr. Mann arrived at the beginning of this Planning Board item. IV. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in speakers Planning Board Meeting September 27, 2004 Page 2 of 8 Applicant: City of South Miami PB-04-019 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY: (1) AMENDING SECTION 20-3.1 ENTITLED “ZONING USE DISTRICTS AND PURPOSES” IN ORDER TO UPDATE THE LIST AND PURPOSE STATEMENTS FOR EXISTING ZONING DISTRICTS; (2) AMENDING SECTION 20-3.3 (D) “PERMITTED USE SCHEDULE” IN ORDER TO CORRECT THE USES PERMITTED IN THE “MO” MEDIUM-INTENSITY OFFICE USE DISTRICT AS REQUIRED BY THE COMPREHENSIVE PLAN FUTURE LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. ACTION: Mr. Morton read the item into the record. Mr. O’Donniley presented the staff report. He explained that the first part of the above ordinance dealing with an update of the list of zoning districts was recommended for approval by the Planning Board at its August 31, 2004 meeting. Prior to transmitting the amendment to the City Commission, another serious technical problem was brought to the attention of staff. The technical change relates to the list of permitted uses in the MO, Medium- Intensity Office Use District. It was decided that change required was also technical in nature and therefore would be appropriately included in the same ordinance reviewed in August. The Board after review could re-adopt a recommendation on the revised ordinance which would then be transmitted to the City Commission. Mr. O’Donniley stated that the Comprehensive Plan’s Mixed Use Commercial Residential Land Use category mandates all new development to be mixed use including at least two of the following uses: retail, office or residential. In 1997, as part of the evaluation and appraisal of the Comprehensive Plan the City placed this mixed use category over the downtown (Hometown) and over other areas near Metro Rail and in what is now the CRA. This included property west of Metro Rail which was zoned “MO”. The MO zoning district permits office and retail uses, however, no residential uses (except for a PUD-R) are listed as permitted in the district. This is clearly an oversight with the result that the zoning district is not compatible with the uses encouraged in the Comprehensive Plan Land Use category. He concluded the report by stating, that the subject technical amendment to correct this situation should have been made several years ago. The adjustment would amend the Permitted Use Schedule to allow residential uses (town homes and multi-family residential) in the MO, Medium-Intensity Office Use District. This change would allow the same residential uses in the MO, as are currently permitted in the SR-Hometown and all of the TODD commercial districts, in which districts mixed use is mandatory or encouraged. Mr. Morton then opened the Public Hearing. Planning Board Meeting September 27, 2004 Page 3 of 8 Speakers: NAME ADDRESS SUPPORT/OPPOSE Jay Beckman 6520 SW 65 St. - Mr. Beckman inquired about the MO, Medium-Intensity Office Use District and its relationship to the Comprehensive Plan’s Mixed Used Commercial Residential Land Use category in which it mandates all new development to be mixed use including at least two of the following uses: retail, office, or residential. The Board and staff discussed the ordinance and felt the change to the MO list of permitted uses that still needed to be analyzed further. Motion: Mr. Liddy made a motion to defer this item in order to allow more time for further consideration of the ordinance. Mr. Mann seconded the motion. Vote: Ayes 4 Nays 3 ( Ms. Gibson, Ms. Yates, Mr. Comendeiro) Applicant: Codina Development Corp. PB-04-015 (A) Location : 6600-6640 SW 57th Avenue and 5757 SW 68th Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM “TODD(MU-4)”, TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE-4) TO “PUD-M” PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600-6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI-FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ACTION: Mr. Mann read the item into record. Mr. O’Donniley presented the staff report. Mr. O’Donniley stated that the applicant is requesting a rezoning of a seven acre property as legally described above in order to construct a mixed use project including residential buildings, parking and retail uses with 409 dwelling units and 12,476 square feet of commercial space. According to the information submitted Planning Board Meeting September 27, 2004 Page 4 of 8 with the application, the dwelling unit density will be 58.4 units per acre. The floor area ratio for the total proposed project is listed as 1.54. The complex is be called “Red Road Commons”. He explained the current zoning on the subject property is “TODD(MU-4)” Transit Oriented Development District (Mixed-Use 4) Use District. The applicant is requesting a zone change for the property to PUD-M, Planned Unit Development- Mixed Use. The current TODD(MU-4) Zoning District permits residential and commercial uses, permits two stories in height and does not limit development with a maximum floor area ratio or units per acre formula. Mr. O’Donniley informed the Board that the Planned Unit Development (PUD) submission is to be considered in two parts. The first is a zone map change ordinance, which creates the PUD-M on the City’s official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are dealt with as part of the zone map change. The second part is the applicant’s request for approval by resolution of the PUD master site plan. Specific issues related to building design, landscaping, and other site plan features are dealt with in a companion item. In addition, Mr. O’Donniley provided the following development analysis of the project: 1. The LDC requires that an application for a PUD-M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant states that the project site is 1092 feet from the Metro Rail station. 2. The PUD-M allows a limited number of uses which are listed in Section 20-3.7 (E) of the LDC. It includes retail establishments and multi-family residential uses being proposed by the developer. 3. The Red Road Commons project is an excellent opportunity for the City to encourage affordable housing to be built. The developer should be required to commit at least 5% of the units as affordable housing units. 4. In order to meet concurrency for recreational facilities the developer must specify in a development agreement that within five years he will pay for or produce 3.7 acres of land for public park or recreational purposes. Mr. O’Donniley then reviewed a formula that can be used to determine the concurrency costs. 5. The proposed rezoning is consistent with and supports the goals and policies of the City’s Comprehensive Plan. ( See No. 1, Development Analysis above). 6. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, Planning Board Meeting September 27, 2004 Page 5 of 8 hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 7. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA and the “Hometown Plan Area 2 Report”, which calls for mixed use development on this site. (p.33) 8. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. In 2002 the Task Force’s subcommittee on TODD carried out considerable study on the district. 9. The traffic pattern from a residential development is generally more dispersed through out the day and night and has less impact on peak traffic. A traffic analysis done by the developer indicates that the proposed residential development may actually reduce peak hour vehicle trips as compared to the current commercial development on the site. However, certain traffic operations and management adjustments will be addressed in the review of the resolution approving the master site plan. The Chairman then called upon the applicant to make a presentation. (Applicant’s representative) Mr. Jerry Proctor, Esq Mr. Aris Garcia (Architect) Mr. Marcel Morlote Mr. Tim Plummer Mr. Jeremy Shapiro Mr. Proctor began his presentation on the request for rezoning and plan approval of a Planned Unit Development (Mixed-Use) Development for the address 6600- 6640 S.W. 57 Avenue (Red Road and 5757 S.W. 68 Street. He added that Codina Development Corporation (“Codina” ), the prospective developer requests a district boundary change from TODD (MU-4) to Planned Unit Development Mixed-Use (PUD-M), and concurrent site plan approval for development of the property. Furthermore, he stated that the PUD-M Zoning District encourages complementary combinations of uses, including multi-family residential and commercial uses, within 1,200 feet from any Metro-rail Station. He also indicated that the proposed site plan features considerable pedestrian access and a reduced intensity of development along SW 66 Street, adjacent to the residential community to the north. The proposed intensity of development is compatible with the surrounding area, which included the large FPL transmission facility to the west, retail and industrial zoning and development to the south and southwest, and the higher- intensity apartment and Metro-rail facilities in the area. Mr. Aris Garcia the architect for “Red Road Commons,” explained to the Board in- depth the project’s PUD submittal. He presented the site plan and zoning analysis, numerous comprehensive floor plans, elevations and survey. Planning Board Meeting September 27, 2004 Page 6 of 8 Board member Mann left the meeting at this point. Mr. Morton then opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT/OPPOSE David Tucker 6556 SW 78th Ter. Supported Mr. Tucker believed that this project can be beneficial to the community and that the City will make this project work. Jay Beckman 6520 SW 65 St. - Mr. Beckman stated his concern for the protection of green space in South Miami. Rev. Gregory Gay, Sr. 6461 SW 59th Place Supported Mr. Gay, Sr. agreed with the project and was looking forward to having it in the community. Ed. O’Reilly 6640 SW 48 St. Opposed Mr. O’Reilly opposed the application and did not support this project because of the potential influx of traffic. Larry Kelly - Supported Mr. Kelly supported the application and believed that the project would benefit a lot of people in terms of work for the residents in the area. Yvonne Beckman 5871 SW 83rd St. Opposed Ms. Beckman did not agree with the building heights of the proposed project. Beth Schwartz 6931 SW 62nd Ct. Opposed Ms. Schwartz urged the Board to consider the traffic build-up that may be caused by this project and did not agree with the building heights for the project. Mr. Morton closed the Public Hearing. Motion: Mr. Comendeiro made a motion to recommend approval of the rezoning request, subject to the following four staff conditions: (1) The applicant shall execute a development agreement which must include the conditions set forth below and in the staff report pertaining to the requested zone map change and shall incorporate all conditions which may be adopted as part of the approval of the project’s PUD master site plan (the PUD Master Site Plan is a separate item to be adopted by resolution.) (2) The applicant shall include in the development agreement: (a) an agreement that within five years the developer will pay for or produce 3.7 acres of land for Planning Board Meeting September 27, 2004 Page 7 of 8 public park or recreational purposes; (b) an agreement that 5% of the multi-family units constructed shall be classified and marketed as affordable housing units. (3) The applicant shall provide evidence of concurrency compliance by submitting to the city the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (4) The applicant shall provide to the city a unity of title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20-5.16 of the South Miami Land Development Code. Ms. Yates seconded the motion. Vote: Ayes 5 Nays 1 ( Mr. Illas ) Applicant: City of South Miami PB-04-015 (B) Location : 6600-6640 SW 57th Avenue and 5757 SW 68th Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A SITE PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A “PUD-M” PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT 6600-6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO HEIGHT AND CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN EFFECTIVE DATE. Action: Chairman Morton, Board members and staff decided to defer this item to the meeting of October 12, 2004. Motion: Mr. Comendeiro moved to defer item PB-04-015(B) to the October 12, 2004 meeting and that this item is heard first at the next meeting. Mr. Illas seconded the motion. Vote: Ayes 6 Nays 0 V. Planning Board Work Program Land Development Code - Action: This item was deferred until the next Planning Board meeting. Continuation of review of “Chapter II – Zoning Districts / Permitted Uses (Sec.20-2)” Motion: Mr. Comendeiro moved for deferral of the Planning Board Work Program (Item V). Ms. Yates seconded the motion. Vote: Ayes 6 Nays 0 Planning Board Meeting September 27, 2004 Page 8 of 8 VI. Approval of Minutes Planning Board Meeting of August 31, 2004. Action: The Board duly voted on and approved the minutes of August 31, 2004, as presented. Vote: Ayes 6 Nays 0 VII. Remarks No remarks were said. VIII. Future Meetings Tuesday, October 12, 2004 Tuesday, October 26, 2004 VIII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 11:30 PM. DOD/SAY/pel K:\PB\PB Minutes\2004 Minutes\PB MINS 9-27-04.doc Planning Board Meeting September 27, 2004 Page 9 of 8