Loading...
Ord No 25-16-2258ORDINANCE NO.25-1 6-2258 An Ordinance Adopting a Small Scale Amendment to the Future LandUse Map of the Comprehensive Plan,amending the designation of the Marshall Williamson property located southofSW 64th Terrace approximately betweenSW 60th AvenueandSW 61st Court,from Single-Family Residential (Two-Story)to Townhouse Residential (Two-Story). WHEREAS,the Florida Legislature intends that local planning bea continuous and ongoing process;and WHEREAS,Section 163.3191,Florida Statutes,directs local governments to adopt needed amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and development;and WHEREAS,the Planning and Zoning Department working with the Community Redevelopment Agency (CRA)prepared a new Future LandUse Map Category to meet the needs of the Madison Square Project and the concerns expressed by Commissioners and other residents;and WHEREAS,the City of South Miami has prepared a small scale Future LandUse Map amendment to change the designation of the approximately .85 acre Marshall Williamson property locatedsouthof SW 64th Terracebetween SW 60th Avenue and SW 61st Court from Single-Family Residential (Two-Story)to Townhouse Residential (Two-Story);and WHEREAS,the Local Planning Agency has reviewed the proposed amendments to the Comprehensive Plan and held an advertised public hearing and provided for public participation in the process and rendered its recommendation of approval to the City Commission ona vote of 5-1. NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA AS FOLLOWS: Section 1.The City of South Miami hereby adopts the Small Scale Amendment to the Future LandUse Map as indicated on the Map attached hereto and made a part hereof as Exhibit "A"and changing the future land use map category from the SingleFamily Residential (Two Story)to Townhouse Residential (Two-Story)for the properties identified asa part of the proposed Madison Square Development Projectmore specifically legally described as 5488SW 60th Avenue (Folio No.09-4025-000- 0850);FolioNo.09-4025-000-0852;and FolioNo.09^025-065-0900. Section 2.Codification.The provisions of this Ordinance shall become and be made part of the Future LandUse Map of the City of South Miami's Comprehensive Plan,as amended. Section 3.Severability.If any section,clause,sentence,or phrase of this Ordinance is for any reason held invalid or unconstitutional bya court of competent jurisdiction,this holding shall not affect the validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder. Section 4.Ordinance in Conflict.All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5.Effective Date.This Ordinance shall become effective as provided by Chapter 163. Pge 2 of Grd.No,25-16-2258 PASSSED AND ENACTED this 20th dayof September ,2016 ST:APPROVED: CITY CLERK 1st Reading.7/12/16 2nd Reading-9/20/16 READ AND4\PPROVED AS TO FORM: LANGUAGE,LEGALITY Ah MAYQ COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: 5-0 Yea Yea Yea Yea Yea outh1 Miami THE CITY OF PLnASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:The Honorable Mayor &Members of the City Commission Via:Steven Alexander,City Manager From:Jane K.Tompkins,Planning Director Date:September 20,2016 £0 Subject: An Ordinance Adopting a Small Scale Amendment to the Future Land Use Map of the Comprehensive Plan,amending the designation of the Marshall Williamson property located south of SW 64th Terrance,approximately between SW 60th Avenue and SW 61st Court,from Single-Family Residential (Two-Story)to Townhouse Residential (Two-Story). Background: The South Miami Community Redevelopment Agency (CRA)owns three (3)parcels of property on the south sideofSW 64th Terrace between SW61stCourtandSW 60th Avenue.Knownas the Marshall Williamson property,the three lots total approximately one (1)acre and are undeveloped.Only one of the lots,folio number 09-4025-000-0850,has been assigned a street address,6488 SW 60th Avenue.This is also the largest ofthethree parcels at 35,512 square feet.The other folios include 09-4025-065-0090 and 09-4025-000-0852. The CRA requests that the Future LandUseMap (FLUM)of the Comprehensive Planbe changed fromSingle-Family Residential (Two-Story)to Townhouse Residential(Two-Story).Earlier attempts to change the land use designation have been unsuccessful,including a 2015 applicationforMultiple-FamilyResidential(Four-Story). Analysis: The property is bounded by SW 64th Terrace (north),SW 60th Avenue (east)single-family homes (south)and SW 61s1 Court (west). MarshallWilliamsonFutureLandUseMap Amendment September 20,2016 Page 2 of 4 Subject property (in blue) JKT lit JSL. Z:\Commission items\2016\09-20-16\Marsriall Williamson FLUM AmendmenAMarshall Williamson FLUM AmendmentReport09-20-16.docx Marshall Williamson Future LandUseMap Amendment September 20,2016 Page3 of 4 The proposed FLUM amendment will changethe subject property's designation to Townhouse Residential (Two-Story).The Comprehensive Plan states that this category is intended to limit development townhouse typedwellingunitsonparcelsoflandnotless than 10,000 square feet in area.Eachdwellingunit should haveitsown at-grade accessto the outdoors. Thefollowing table provides the subject property and neighboring properties'existing uses and FLUM designations: Existing Use Future Land Use Map Subject Site Vacant Single-Family Residential (Two-Story) North*One vacant lot and several single family homes Single-Family Residential (Two-Story) East*Single family Single-Family Residential (Two-Story) South Single family Single-Family Residential (Two-Story) West One single family home and a school Single-Family Residential (Two-Story) and Educational (Four-Story) *Note:Diagonally tothe northeast,across the intersection of SW 64th Terrance and SW 60th Avenue,is property witha FLUM designation of Mixed-Use Commercial Residential (Four- Story). Excerpt from the FLUM: 55 '«flS1tjgi-JO- ••••,.-.j a -r-.-.• •:•5 •' "*.I*i'fi;.' 1 * I ::•:S .>1-::':C. ••.••j VI -:',••BSTH S-T JKT Z:\Commission ltems\2016\u9-20-16\Marshall Williamson FLUM Amendment\Marshall Williamson FLUM Amendment Report09-20-16.docx Marshall Williamson Future LandUse Map Amendment September 207 2016 Page 4of4 The request seems to be consistent withseveralgoalsandpoliciesof the Comprehensive Plan: • • Implement priority SMCRA programsandprojects,including but not limed to:"in-fill" housing,construction of multi-family units,substantial rehabilitation of housing (HUD Complex),and streetscape and infrastructure improvements (Future Land UsePolicy 5.1.2). To assure the availability of sound and affordable housing forall current and future residents of the City of South Miamiwithspecialfocuson infill and redevelopment and to includehousing units in the Hometown District.Itisrecognized that the choice of locationrestswith the individualand that the City'sroleisto implement policies that expand choices (Housing Goal1). •Utilize the FutureLandUse Plan andzoningmap to assure a diversity of housing types (Housing Policy 1.1.1). The CRA hasalso requested that the property'sdesignationon the Official ZoningMapbe changed to RT-9.Thatanalysisandordinanceare presented asseparateagenda items. Planning Board Recommendation: The Planning Board reviewed the application ata Public Hearing onAugust9,2016and recommended approval ona vote of 5-1. Recommendation: Staff recommends approval of this Ordinance. Attachments: •Draft Ordinance JKT Z:\Commission ltems\2016\09-20-16\Marshall Williamson FLUM Amendment\Marshall Williamson FLUM Amendment Report 09-20-16.docx //A//EXHIBIT "A Marshall Williamson Property Comprehensive Plan Amendment 6518 c/>65 6531 6530 CO CO CO CD Map Legend Townhouse Residential (Two-Story) Single-FamilyResidential (Two-Story) CM O CO r CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday,August 9,2016 CITY COMMISSION CHAMBERS 07:00 P.M. TheCity of SouthMiamiCode of Ordinances,Section8A-5,requires that alllobbyists,asdefinedin that section, must register withtheCity Clerk beforeengaginginanylobbyingactivitiesandin most casespayanannualfeeof $500.00andanadditional$100foreachadditionalissue.This appliestoallpersonswhoareretainedwithor without compensation toinfluenceanyaction,decision,recommendation of someone withthecity,includingthe city manager,city attorney,department heads,citypersonnel,or members ofthecitycommissionor members of anycityboard,concerninga matter thatcouldforeseeablybeaddressbythecitycommissionoracityboard.There are some exceptions and exemptions.Thefollowingarenot considered tobelobbyist:a representative ofa principalataquasi-judicialhearing,expertswho present scientificortechnicalinformationatpublicmeetings, representatives ofaneighborhoodassociationwithoutcompensationandrepresentativesofanot-for-profit community based organizationforthepurpose of requestingagrantwhoseektoinfluence without special compensation. Individuals who wish to view or listen to the meeting inits entirety,audio and video versions of the meeting can be found on the city's website (www.southmiamifl.gov). I.Call to Order Action:Mr.Greiner called the meeting to order at 7:12P.M. II.Roll Call Board Members Present Constituting a Quorum:Mr.Greiner (Chairman),Ms.Fischer (Vice- Chairwoman),Dr.Philips,Ms.Glavey,Mr.Basu,andMr.Melow. Board Members Absent:Ms.Kahn. City Staff Present:Mrs.Jane Tompkins(PlanningDirector),Mr.Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent:None City Attorney:Mr.Thomas Pepe III.Administrative Matters None at this Time. IV.Public Hearings 1.PB-16-022 Applicant:City of South Miami AnOrdinance Adopting aSmallScale Amendment to the FutureLandUseMap of the Comprehensive Plan,amending the designation of the Marshall Williamson property located south of SW 64th Terrace approximately between SW 60th Avenue andSW 61st Court,from SingleFamilyResidential(Two-Story)to Townhouse Residential (Two-Story). Applicant:Stephen David,SouthMiami CRA Director (Representative) Dr.Philips read the item into the record. Mrs.Tompkins presented the PB-16-022 to the Board. Mr.Basuasked about the timingforthisitem.Mr.Pepe responded that because thisisasmall scale amendment to the Comprehensive Plan,it must be reviewed by the State.There isa30 daywindowwherean interested partycan file anobjection.From there,litigation will beginvia state departments.Mrs.Tompkins agreed withMr.Pepe's statement and stated that staff wouldconfirmthispriortoreviewbytheCity Commission.Mr.Basu stated that thezoningitem wouldmovefasterthanthecompplanitem.Mr.Pepe responded that hewascorrect,but there wouldbeaprovision that the zoning amendment would notbecomeeffectiveuntil the comp plan amendment was approved andeffective.IftheCompPlan amendment isdisapproved, then the zoning amendment would become void. The Chairperson opened the floor to public comments on PB-16-022. •None at this Time The Chairperson closed the floor to public comments on PB-16-022. Ms.Glavey commended the CityandSouthMiami CRA forworkingonthisitemforsolong. Mr.Greiner askedif the houses willbe where the Mango trees are located.Ms.Fischer stated yes. Motion:Dr.Philips motioned toallowViceMayorWelshtospeakbefore the Board.Themotion was seconded byMr.Greiner. Vote:Yes 6.No 0 (None) Mr.Basu:Yes Ms.Glavey:Yes Mr.Greiner:Yes Ms.Fischer:Yes Dr.Philips:Yes Mr.Melow:Yes Ms.Glavey askedifMangoand Avocado treeswerenativetoSouth Florida,of which Vice Mayor Welsh stated no. ViceMayorWelsh stated that if8units are builton the property,none of the large Mango and Avocado trees will need tobe removed.If the property isnot rezoned and remains RS-4,the bulkof the mango trees willneedtobe removed.If the Board wants tosave the trees,change the landuseandzoning.If they want the trees cutdown,don't change the landuse and zoning for the property. Ms.Fischer stated that alarge amount of the canopy would need tobe removed in order to build the townhouses. Ms.Fischer stated that the Cityis short on tree canopy.Ms.Glavey responded that the Cityis short on affordable housing aswell. Motion:Mr.Basu moved to approve PB-16-022.The motion was seconded byMr.Melow. Vote:Yes 5,No 1 (Fischer) Mr.Basu:Yes Ms.Glavey:Yes Mr.Greiner:Yes Ms.Fischer:No Dr.Philips:Yes Mr.Melow:Yes . V.Public Comments/New Business The Chairperson opened the floor to public comments and any new business. Public Comments Section No comments from the public. New Business Section No New Business from the Board The Chairperson closed the floor to public comments and any new business. VI.Approval of the Minutes 1.Planning Board Minutes of July 21,2016: Motion:Ms.Fischer moved to defer approval of the meeting minutes until the next meeting. The motion died due to lack of a second. Motion:Ms.Glavey moved to approve the meeting minutes.Dr.Philips seconded the motion. Vote:Yes 5.No 0 (None) Mr.Basu:Yes Ms.Glavey:Yes Mr.Greiner:Yes Ms.Fischer:Absent Dr.Philips:Yes Mr.Melow:Yes VII.Future Meeting Date: A)September 13,2016 at 7:00 P.M. VIII.Adjournment Mr.Greiner adjourned the meeting at 10:45 P.M. SUNDAY SEPTEMBER 112016 I NFTGHRORS I I 27SEMIAMIHFBALD.COM lMUVJlXDWlVOMIAMIHERALD.COM CITY OF SOUTH MIAMI COURTESY NOTICE NOTJCE IS JHKKKKY given thai the CityCommissionof Ihe CityofSoulhMiami.Florida willconduclPublic Hcaringts)ai ilstegularCityCommissionmeetingscheduledfor Tuesday.September 20.20]6.beginning ai 7:00p.m.,intbeCityCommissionChambers.6130 SunsetDrive,toconsiderthefollowingitem(s): AResolutionapprovingaspecialusetopermita fraternal organization/private clubat6304SW78Street. AResolution relating toan application forwaiverofplatforthe subdivision of property located 6050SW 81 Street. An Ordinance amendingtheCityofSouth Miami's LandDevelopmentCode.Article JJ1."Zoning Regulations."Section20-3.3,Permitted use schedule."Subsection (E). •'Outdoor Seating/Dining foT AHcommercial Properties,exceptfor Properties inthe RO ResidentialOfficeZoningDistrict,"toamendtheinsurancerequirements,andother applicable rules,applicablelooutdoorseatingof restaurants withintheCity. An Ordinance amendingtheSouthMiamiPension Plan toimplementtheCollectiveBargaining Agreemeni betweentheCityofSouthMiamiandAFSCMELocal3294and creatinganewAdministrationManagementServiceClass (AMSC)ofemployeesintheSouthMiami Pension Plan fortheCityofSouthMiamiandsettingforththetermsof thePlanasrelatedtotheAMSC:byAmending Chapter J6.Article 11.Section 16-12."Definitions"byAdding Definitions forSecondTierMemberandAMSCandamending tbedefinitionof final averagecompensation,asitappliestotheAMSC:byamendingSection 16-13.'Eligibility'1 lo reopenthePlanforcertainGeneralEmployeesandfor theAMSC;byamendingSection 16-14."Pension benefitsand retirement date"tosetoutthebenefitsforthose persons whowilljointheSecondTierandforthose persons intheAMSC:byamendingSection16-17'Termination Benefits'"to provide avesting schedule fortheAMSC:by amending Sec.16-19.^Contributions"to place alimit onthetotalcontributionsmadeinany fiscal yearbyGeneralEmployeesandtosetthe contributionratefortheAMSC:byamendingSection 16-21.'Torchase ofCredited Service"byallowingcertain employees and electedofficerslobuycredited service. An OrdinanceoftheMayorandCityCommissionoftheCityofSouthMiamiamendingtheLandDevelopment Code,Article1H."Zoning Regulations."Section20-3.5. "Dimensional Requirements.*'toamendandclarifythesetbackrequirementsforside street firstandsecondstoryfacadesofstructuresoncornerlots,andfor side interior setbacksforadditionsto structures withafivefoot setback,inthe RS-1.RS-2.RS-3.RS-4 andRS-5zoning districts:andSection 20-3.6.•'Supplemental Regulations." subsection(F)(4).tocorrectthetitleofthedirectorresponsible for determining whichstreetsare frontage andsidestreets. An OrdinanceamendingSection20-6.1of Ihe CilyofSouthMiami'sLandDevelopmentCode,toamendthemeetingrequirementsfor the Environmental Reviewand Preservation Board. (An Ordinance Adopting a Small Scale Amendment to the Future Land Use Map of the Comprehensive Plan,amending the designation of ihc Marshall) Williamson property located south of SW 64th Terrance,approximately between SW 60th Avenue and SW 6P Court,from Single-Family Residential/ (Two-Siory)to Townhouse Residential (Two-Story).' An Ordinance AmendingtheOfficial ZoningMap.asauthorized bySection20-3.1 (C).*ind otherapplicable provisions,amending the designation ofthe Marshall Williamson propertylocatedsouthofSW 64*Terrace approximately betweenSW 60*AvenueandSW 61st Court,from Single-Family Residential District RS-4to RT-9. ALL interested partiesare invited toattendandwillbeheard. Forfurtherinformation,pleasecontacttheCity Clerk's Officeat:305-663-6340. Maria M.Menendez.CMC CityClerk Pursuant to Florida Statutes2S6.0J05.the Cilyherebyadvises the public thai ifa person decidesloappealanydecision made bythisBoard.Agciuyor Coinniissum with respecttoany mailer considered ai itsmeetingor hearing,he ur she willneed arecordof Ihc proceedings,sutd thatforsuch purpose.aJTccicd person mayneed loensure ihai a vcrhalim recordofthe procccdinjfs is made whichrecord includes the tesiimony andevidenceuponwhich the appealistohebased. MIAMI DAILY BUSINESS REVIEW PirtrtiBhflrt Dstfyexcept Salurday,Sundayand legal Holidays Miami.Migrni-pndeCounty.Florida STATE OF FLORIDA COUNTY OF MIAMt-DAOE: Before the undersigned authority personally appeared OCTELMA V.FERBEYRE.whoonoathsaysthatheorsheis ihe VICE PRESIOENT.Legal Notices ofthe Miami Daily Business Review Mc/a Miami Review,a daily (except Saturday:Sunday and Legal Holidays)newspaper, published a»Miami in Miami-Dade County,Florida.Ihat Ihe attachedcopyol advertisement,being a Legal Advertisement of Notice in the matter ol NOTICEOFPUBLIC HEARING CITYOFSOUTH MIAMI •SEPT.20.2016 inthe XXXX Court. waspublishedin said newspaper intheissues of Affiant further saysthatIhesaid Miami Daily Business Reviewisanewspaperpublishedat Miami,insaid Miami-Dade County.Florida andthatthe ssid newspaper has heretoforebeencontinuouslypublishedinsaidMiami-Dade County.Florida eachday(except Saturday.Sunday and LegalHolidays)and has been entered as second classmail maileratthe posi officein Miami m said Miami-Dade County. Florida,foraperiodofoneyearnextpreceding Ihe first publicationofthe attached cooyofadvertisement;andaffiant further says thai heorshehas neither paidnor promised any person,firmorcorporationany discount,rebate,commission orrefundfor the^Durpose ofsecuringthis advertisement for publication in th^-saidne^ppdpefr (SEAlf OCTELMA V FEP.BEYRE personally knojSh l< I*:rtr 5%\BFF 034747 ,*^$ "'Off">««*' CITY OF SOUTH MIAMI NOTBCE OF PUBLBC HEARBNG NOTICE ISHEREBY giventhattheCityCommissionoftheCityofSouth Miami,FloridawiltconductPublic Hearings)atitsregularCityCommission meetingscheduledforTuesday,September20.2016,beginningat7:00 p.m.,inthe City Commission Chambers.6130 SunsetDrive,toconsider thefollowing (tem{s): AResolution approving aspecialuselo permit a fraternal organization/private club at 6304 SW78 Street A Resolution relating to ah application forwaiverofplatforthe 'subdivision of.property Iocated-6050 SW81Street. •,Ari.Ordinarice amending the Cily of South Miami's.Land Development .Code.Article III,"Zoning Regulations,"Section 20-3.3,Permitted use schedule,"Subsection(E)."Outdoor Seating/DiningforAllcommercial Properties,exceptforProperties In theROResidentialOfficeZoning District,"to amend the insurance requirements,and other applicable rules,applicabletooutdoorseatingofrestaurantswithintheCity. AnOrdinanceamendingtheSouthMiamiPensionPlantoimplement theCollectiveBargainingAgreementbetweentheCityofSouthMiami andAFSCMELocal 3294 and creating anewAdministration ManagementServiceClass (AMSC)ofemployees In theSouthMiami PensionPlanfortheCityolSouthMiamiandsettingforththetermsof thePlanasrelatedto Ihe AMSC;by Amending Chapter 16,ArticleII, Section 16-12,"Definitions"byAddingDefinitionsfor Second Tier MemberandAMSCandamendingthedefinitionoffinalaverage compensation,asitappliestotheAMSC:byamendingSection 16-13, ""Eligibility*toreopenthePlanforcertainGeneralEmployeesandfor Ihe AMSC;by.amendingSection 16-14,"Pension benefitsand retirement date"tosetoutthe benefits forthose persons whowilljoin the Second Tier andforthose persons intheAMSC;'byamending Section16-17'TerminationBenefits"toprovideavestingschedulefor the AMSC;by amending Sec,16-19,"Contributiona''toplacea limit, onthetotal'contributionsmade in anyfiscalyearby General Employees and tosetthe contribution rate for the AMSC;by amending Section 16-21,"Purchase of Credited Service"by allowing certain employees andelected officers tobuycredited service. AnOrdinanceolthe Mayor andCily Commission ofthe CityofSouth Miami amendingtheLandDevelopmentCode,Article HI,"Zoning Regulations."Section20-3.5."DimensionalRequirements."toamend andclarifythesetbackrequirementsforsidestreetfirstandsecond storyfacadesofstructuresoncomerlots,andforsideinterior setbacks foradditionsto structures withafiveloot setback,inthe RS-1. RS-2,RS-3,RS-4andRS-5zoningdistricts;andSection 20-3.6. "SupplementalRegulations."subsection (F)(4),tocorrectthetitleof thedirectorresponsiblefordeterminingwhich streets arefrontageand AnOrdinanceamendingSection 20-6.1 oftheCityofSouth Miami's LandDevelopmentCode,toamendthemeetingrequirementsforthe Environmental Review and Preservation Board. /An Ordinance Adopting a Small ScaleAmendment tothe Future Land ^ /Use Map oftheComprehensive Plan,amending thedesignation ofthe /Marshall Williamson property located south of SW 64th Terrance, I approximately between SW 60th Avenue and SW 61st Court,from \Single-Family Residential (Two-Story)toTownhouse Residential (Two-Story). AnOrdinance Amending the Official ZoningMap,asauthorizedby Section20-3.1(C),andotherapplicableprovisions,amendingthe designationofthe Marshall Williamson propertylocatedsoutholSW 64thTerrace approximately betweenSW60thAvenueandSW 61st Court.IromSingle-Family ResidentialDistrict RS-4to RT-9. ALLinterestedpartiesareinvitedtoattendandwillbeheard. Forfurtherinformation,please contacttheCityClerk'sOfficeat: 305-663-6340. MariaM.Menendez,CMC CityClerk PursuanttoFloridaStatutes 286.0105,the City herebyadvisesthepublic thatifapersondecidestoappealanydecisionmade by thisBoard. Agency or Commission withrespecttoanymatterconsideredatits meetingor hearing,he or she will needarecordofthe proceedings,and thatforsuchpurpose,affectedpersonmayneedtoensurethataverbatim recordoftheproceedingsismadewhichrecordincludesthetestimony andevidenceuponwhichtheappealistobebased. 9/9 16-101/0000151096M