4Agenda Item No:4.
City Commission Agenda Item Report
Meeting Date: May 15, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
A Resolution confirming priority and timeframes for progress of applications sponsored by the South Miami
Community Redevelopment Agency Board for a small-scale amendment to the City’s Comprehensive Plan
Future Land Use Map and a rezoning of certain properties located west of the MetroRail Transit Station, south
of S.W. 70th Street, east of S.W. 61st Court and north of S.W. 72nd Street to the T.O.D.D. (4+4 Story) land
use designation and the TODD MU-5 zoning district; instructing the City Manager to take further action. 3/5
(Vice Mayor Harris)
Suggested Action:
Attachments:
RESOLUTION - to advance Hole in Donut-17April2018.docx
56
RESOLUTION NO. ___________
A resolution confirming priority and timeframes for progress of applications sponsored
by the South Miami Community Redevelopment Agency Board for a small-scale
amendment tothe City’s Comprehensive PlanFuture Land Use Mapand a rezoning of
certain properties located west of the MetroRail Transit Station, south of S.W. 70th
Street, east of S.W. 61st Court and north of S.W. 72nd Street to the T.O.D.D. (4+4 Story)
land use designation and the TODD MU-5 zoning district; instructing the City Manager
to take further action.
WHEREAS, theCommunityRedevelopment Agency of the City of South Miami, Florida
("CRA") unanimously adopted ResolutionNo. 83-17-1041 on December 11, 2017,tosponsor a
small-scale Future Land Use Map amendment to the City’s Comprehensive Plan to change the
land use designation of parcels located within the South Miami Community Redevelopment Area
located west of the MetroRail Transit Station, south of S.W. 70th Street, east of S.W. 61st Court
and north of S.W. 72nd Street fromMixed Use Commercial Residential (FourStory) to T.O.D.D.
(4+4 Story) andto change the zoning of those parcelsfrom MO (Medium Intensity Office) to
TODD MU-5 and to change the zoning of certain other parcels located within the South Miami
Community Redevelopment Area from TODD MU-4 to TODD MU-5;and
WHEREAS, the properties identified in the CRA Resolution have come to be known as “the
hole in the donut” because they are surrounded by TODD MU-5 zoning districts and TODD 4+4
land use designations; and
WHEREAS, the Mayor and City Commission adopted Resolution No. 001-18-15033 on
January 4, 2018, accepting the Resolution of the CRA and instructing the City Manager to
prepare legislation and documentation necessary to place the CRA sponsored, city-initiated
applications before the City Commission and the Planning Board for further action after the
Commission evaluates this and other similar proposals and establishes a priority for their
progress; and
WHEREAS, during the hearing on the adoption of Resolution No. 001-18-10533 the
Commission acknowledged that itwas a small scale amendment and itdid not want to see
piecemeal changes in the “hole in the donut” area and that the CRA-sponsored application should
advance separately from amendments involving the light industrialdistricton the advice of the
City Manager; and
WHEREAS, the Mayor and City Commission adopted Ordinance No. 06-18-2295 on April
3, 2018, which evaluated and approved a similar rezoning application (“the ALTA Application”)
on property which is located within the “hole in the donut” area; and
57
2
WHEREAS, more than 13years ago the CRA 2005 Plan specifically identified the remnant
MO zoned propertieslocated within the CRAas beingin conflict with the intent of the land uses
provided for in the City’s comprehensive planand the plan recommended that land use and
zoning amendments be made; and
WHEREAS, to date the City has not implemented the changes recommended in the CRA
Planadopted by the commission;and
WHEREAS, substantial public record and documentation regarding the land use and
zoning of the properties to be included in the CRA-sponsored application havealready been
compiledand in possession of the City; and
WHEREAS, the CRA asked the City Commission to expedite the applications described in
Resolution No. 83-17-1041 in order to bring properties in the area into compliance with the intent
of City’s comprehensive plan and the CRA Plan, to encourage redevelopment within the CRAarea;
and
WHEREAS, with the adoption of Ordinance No. 06-18-2295(ALTA) there is no reason to
further delay the applications thatthe CRA asked the City Commission to expeditein its
Resolution No. 83-17-1041. Specifically, the approval of the ALTA application demonstrates that
there is no legal or administrative impediment to processing an application for rezoning in the
subject area; since the proposed CRA-sponsored application isasmall-scale, site-specific
amendment to the City’s comprehensive plan there is no compelling reason to delay its
processing or coupling it withpotential large-scale or citywide amendmentsto the City’s
comprehensive plan; and
WHEREAS, the CRA-sponsored applicationinvolves a confinedarea and any
redevelopment thatexceed the permitted height of four stories or 40,000 square feet of
developed space willrequire further approvals at future public hearingsby the commission, any
immediate impact on public facilities or services would be de minimus; and
WHEREAS, the benefits to the public interest and to the CRA Area as more fully described
in CRA Resolution No. 83-17-1041 far outweigh any potentialadministrative convenience to be
achieved by continued delay of the CRA-sponsored application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1.The City Commission hereby determines that the processing of the
applications requested by the CRA Board in its CRA Resolution No. 83-17-1041 is a priority and
the City Manager is instructed to advance the CRA sponsored, city-initiated applications for public
hearingsbefore the Planning Board and the City Commission with first reading being scheduled
no later than the City Commission’s second meeting in June, 2018. If the applications are
58
3
approved on first reading, it is the intent of the City Commission that the applications be
scheduled for second reading no later thanJuly17, 2018.
Section 2.The City Manager is authorized to contractwith and direct the City’s
planning consultant to prepare such data and analyses as may be necessary to advance the CRA-
sponsored applications in accordance with the timeframes established in this Resolution
Section 3.Severability. If any section, clause, sentence or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this resolution.
Section 4.This resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this ___day ofApril, 2018.
ATTEST:APPROVED:
____________________________________
CITY CLERK MAYOR
CommissionVote:
MayorStoddard:
Vice MayorHarris:
CommissionerGil:
Commissioner Liebman:
READ AND APPROVED AS TO FORM Commissioner Welsh:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
_________________
CITY ATTORNEY
59