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)
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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:
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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
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//A//EXHIBIT "A
Marshall Williamson Property
Comprehensive Plan Amendment
6518 c/>65
6531 6530
CO
CO
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CD
Map Legend
Townhouse Residential (Two-Story)
Single-FamilyResidential (Two-Story)
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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