04-07-09 Item 26South Miami
AN- America City
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,N"`EO CITY OF SOUTH MIAMI I '®
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM soot
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Planning Director
Date: April 7, 2009 ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO
THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN
ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION;
AND CAPITAL IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE
SUMMARY
The City Commission at its .February 3, 2009 meeting referred to the Planning Board for public hearing an
ordinance which would adopt the Comprehensive Plan Evaluation and Appraisal Report Based -Text Amendments
document. The draft ordinance and the attached Exhibit "A ", removes from the listed amendments any reference to
a new land use category for the Madison Square project. No other section of the amendments were considered by
the Planning Board.
BACKGROUND
The final adoption of Comprehensive Plan Evaluation and Appraisal Report Based -Text Amendments has been
pending since August 23, 2007 when the document was approved and sent to DCA. The document adopted in 2007
was approved by Florida Department of Community Affairs (DCA) in January 2008.
The approval by DCA contained a directive (ORC Report) that the City must make only one technical amendment;
adopt the EAR Based -Text Amendments by ordinance; and then send it back to DCA within 120 days by May,
2008, as required by State Statute. This has not been completed despite continuing attempts during the period April
thru August 2008.
The specific reason for the delay relates to one of the proposed amendments which was adopted as part of the
original EAR Based Text Amendments in August 2007. That amendment created a new Future Land Use Category,
entitled "Neighborhood Center /Mixed Use District ". The new category was to eventually be placed on the City's
Future Land Use Map over the CRA project area called Madison Square, a mixed use project with affordable
housing units. The new category provided for densities (60 units /acre, 2.0 FAR, 4 story max.) higher than all
current Land Use Categories. This higher density was recommended by the CRA staff, -the Planning Department
and the City's EAR consultants in order to allow maximum development of affordable housing units.
During the period April- August, 2008 the Planning Board and City Commission conducted several hearings and
workshops. This Madison Square issue was subject to debate as to whether or not the Future Land Use Category for
Madison Square should remain as submitted or should be reduced in density /height, or removed totally.
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The final vote on second reading occurred at the City Commission meeting on May 20, 2008 at which time a vote
was taken on the entire EAR Based -Text Amendments with the new Land Use Category for Madison Square (with
minor word adjustments). The vote was 3 -2 in support of the document, however, a 4/5 vote was required by local
Code. The minutes (excerpt) of that Commission meeting are attached.
INFORMATION FROM FLORIDA DCA
In the interim period the City did obtain information from DCA concerning the delay_ in approving the EAR Based -
Text Amendments. At a special City Commission workshop held on August 27, 2008 a representative from Florida
DCA (R. Dennis) responded to a number of questions concerning the City's status and the possibility of sanctions
being taken against the City. Mr. Dennis also explained that a local government can only revise those sections of
the EAR Amendments which are directed by DCA. These questions were also responded to in an e -mail sent to the
City Manager (8 -27 -08 attached) from R. Eubanks, a DCA administrator.
NEW PROPOSAL FROM CITY COMMISSION (Exhibit "A ")
The proposal introduced by Commissioner Beckman and referred to the Planning Board makes only one change to
the EAR Based -Text Amendments. It is proposed that the entire reference to a new Future Land Use Category
"Neighborhood Center /Mixed Use District" which was adopted in August 2007 be removed (See Exhibit "A"
attached).
It also proposed as seen on Exhibit "A" (see Note) that the implementation of the Madison Square project can be
done under the existing land use category, which is "Mixed Use Commercial/ Residential" (allows 24 units /acre,
1.6 FAR, 4 story max.). The current zoning over the site "NR" Neighborhood Retail which does not permit
residential and is extremely limited in density, would have to be removed and a new zoning district established.
PLANNING BOARD ACTION
The Planning Board at its February 24, 2009 meeting conducted a public hearing on the proposed revised ordinance
and adopted by a vote of 6 ayes 0 nay a series of recommendations as follows:
That the draft ordinance removing the new Future Land Use Map category for Madison Square as
suggested by Commissioner Beckman be denied;
2. That the Future Land Use Map category for Madison Square adopted by the Planning Board and City
Commission in May, 2008 entitled "Alternative 3(A)' be approved again;
3. That the CRA or the City have outside experts prepare a pro -forma financial analysis for Madison Square
to determine building costs, number of units needed, potential rents, size of units and a design/ site plan.
Attachments
Draft Ordinance and Attachment "A: "
E -Mail Communication from DCA
City Commission Minutes 5 -20 -08
Planning Department Staff Report 2 -24 -09
Planning Board Minutes Excerpt 2 -24 -09
Public Notices
TJV /SAY
X: \Comm Items\2009 \4 -7 -09 \EAR Amend CM Report.doc
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1 ORDINANCE NO.
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3 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA,. ADOPTING THE EVAULATION AND APPRAISAL
5 REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
6 COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS,
7 OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN
8 ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING;
9 INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE;
10 INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;
11 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
12 AN EFFECTIVE DATE
13
14
15 WHEREAS, the Florida Legislature intends that local planning be a continuous
16 and ongoing process; and
17
18 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
19 periodically assess the success or failure of the adopted plan to adequately address
20 changing conditions and state policies and rules; and
21
22 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
23 adopt needed amendments to ensure that the plan provides appropriate policy guidance
24 for growth and development; and
25
26 WHEREAS, the City completed its proposed Evaluation and Appraisal Report-
27 Based Textural Amendments consistent with the requirements of Chapter 163, Part II,
28 F. S., and Rule 9J -5 and 9J -11, F.A.C.; and
29
30 WHEREAS, the City Commission at a special meeting on August 23, 2007
31 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
32 to the Comprehensive Plan, and adopted on first reading an ordinance approving the
33 Report and authorized its transmittal to the Florida Department of Community Affairs for
34 review and comment; and
35
36 WHEREAS, the Florida Department of Community Affairs in a communication
37 dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
38 (ORC) Report which report found that the EAR Comprehensive Plan amendments to be
39 consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida
40 Statutes; and
41
42 WHEREAS, the Objections, Recommendations, and Comments (ORC) Report
43 set forth one objection which required a minor adjustment to Policy No. 1.1.6 of Chapter
44 8, Capital Improvement Element; and
45
46 WHEREAS, the Local Planning Agency (Planning Board) at its February 24,
47 2009 meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nays
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recommending that the draft ordinance removing the new Future Land Use Map category for
Madison Square as. suggested by Commissioner Beckman be denied.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves the City of South Miami the
Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments
Document dated August 23, 2007 be adopted with the following two changes:
(1) revising Policy No.1.1.6 of Chapter 8, Capital Improvement Element on p. 52 as
requested by the Department of Community Affairs in their ORC Report dated January
18, 2008 and;
(2) removing the wording of the proposed Future Land Use Map category entitled
Neighborhood Center /Mixed Use District (Four Story) which would be applicable to the
Madison Square area.(see Exhibit A attached) on pp.16 and 17 of the Comprehensive
Plan Evaluation and Appraisal Report Based Text Amendments Document dated August
23, 2007; and
Section 2. The amendments set forth in the Evaluation and Appraisal Report
(EAR) Based Text Amendments are hereby incorporated into the City of South Miami
Comprehensive Plan.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of , 2009
ATTEST:
CITY CLERK
APPROVED:
MAYOR
1 st Reading:
2 "d Reading
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READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items \2009 \4 -7 -09 \EAR Amend Revised 2 -3 -09 Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner: Palmer
Commissioner Beckman:
Commissioner :Newman
E1ffiIBIT "q�
EXHIBIT A
FUTURE LAND USE CATEGORY FOR MADISON SQUARE
(as adopted on first reading 8- 23 -07; submitted to DCA)
NOTE: The above two paragraphs appear in the EAR Based Amendment Document on pp. 16-
17. The proposed removal of this new category still allows for implementation of a Madison
Square Project using the existing Future Land Use Category "Mixed Use
Commercial /Residential ". That category allows maximum development of 4 stories, 24 units an
acre, and a floor area ratio of 1.6. The development limits of a Comprehensive Plan Future Land
Use category are considered maximum; the underlying zoning district can be adjusted to allow
development at a smaller scale then the maximum limits set by the Future Land Use category
The current underlying zoning district "NR" Neighbor Retail, will need to be removed from this
area as it does not permit residential development and has a floor area ratio of 0.25, and a
maximum height of 2 stories. A new zoning district would have to be created which limits
development to whatever is considered most appropriate by the City.
XAComm Items\2009 \4- 7- 0%Alternative I Ear - Revised Madison Sq.FLUM.doc
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NOTE: The above two paragraphs appear in the EAR Based Amendment Document on pp. 16-
17. The proposed removal of this new category still allows for implementation of a Madison
Square Project using the existing Future Land Use Category "Mixed Use
Commercial /Residential ". That category allows maximum development of 4 stories, 24 units an
acre, and a floor area ratio of 1.6. The development limits of a Comprehensive Plan Future Land
Use category are considered maximum; the underlying zoning district can be adjusted to allow
development at a smaller scale then the maximum limits set by the Future Land Use category
The current underlying zoning district "NR" Neighbor Retail, will need to be removed from this
area as it does not permit residential development and has a floor area ratio of 0.25, and a
maximum height of 2 stories. A new zoning district would have to be created which limits
development to whatever is considered most appropriate by the City.
XAComm Items\2009 \4- 7- 0%Alternative I Ear - Revised Madison Sq.FLUM.doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL
REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS,
OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN
ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING;
INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE;
INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
periodically assess the success or failure of the adopted plan to adequately address
changing conditions and state policies and rules; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
adopt needed amendments to ensure that the plan provides appropriate policy guidance
for growth and development; and
WHEREAS, the City completed its proposed Evaluation and Appraisal Report-
Based Textural Amendments consistent with the requirements of Chapter 163, Part Il,
F.S., and Rule 9J -5 and 9J -11, F.A.C.; and
WHEREAS, the City Commission at a special meeting on August 23, 2007
reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
to the Comprehensive Plan, and adopted on first reading an ordinance approving the
Report and authorized its transmittal to the Florida Department of Community Affairs for
review and comment; and
WHEREAS, the Florida Department of Community Affairs in a communication
dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
(ORC) Report which report found that the EAR Comprehensive Plan amendments to be
consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida
Statutes; and
WHEREAS, the Objections, Recommendations, and Comments (ORC) Report
set forth one objection which required a minor adjustment to Policy No. 1.1.6 of Chapter
8, Capital Improvement Element; and
WHEREAS, the Local Planning Agency (Planning Board) at its February 24,
2009 meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nays
F)
recommending that the draft ordinance removing the new Future Land Use Map category for
Madison Square as suggested by Commissioner Beckman be denied.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves the City of South Miami the
Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments
Document dated August 23, 2007 be adopted with the following two changes:
(1) revising Policy No.1.1.6 of Chapter 8, Capital Improvement Element on p. 52 as
requested by the Department of Community Affairs in their ORC Report dated January
18, 2008 and;
(2) removing the wording of the proposed Future Land Use Map category entitled
Neighborhood Center /Mixed Use District (Four Story) which would be applicable to the
Madison Square area.(see Exhibit A attached) on pp.16 and 17 of the Comprehensive
Plan Evaluation and Appraisal Report Based Text Amendments Document dated August
23, 2007; and
Section 2. The amendments set forth in the Evaluation and Appraisal Report
(EAR) Based Text Amendments are hereby incorporated into the City of South Miami
Comprehensive Plan.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of , 2009
ATTEST:
CITY CLERK
APPROVED:
MAYOR
1" Reading:
2 nd Reading
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items \2009 \4 -7 -09 \EAR Amend Revised 2 -3 -09 Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner: Palmer
Commissioner Beckman:
Commissioner :Newman
EXHIBIT A
FUTURE LAND USE CATEGORY FOR MADISON SQUARE
NOTE: The above two paragraphs appear in the EAR Based Amendment Document on pp. 16-
17. The proposed removal of this new category still allows for implementation of a Madison
Square Project using the existing Future Land Use Category "Mixed Use
Commercial /Residential ". That category allows maximum development of 4 stories, 24 units an
acre, and a floor area ratio of 1.6. The development limits of a Comprehensive Plan Future Land
Use category are considered maximum; the underlying zoning district can be adjusted to allow
development at a smaller scale then the maximum limits set by the Future Land Use category
The current underlying zoning district "NR" Neighbor Retail, will need to be removed from this
area as it does not permit residential development and has a floor area ratio of 0.25, and a
maximum height of 2 stories. A new zoning district would have to be created which limits
development to whatever is considered most appropriate by the City.
XAComm Items\2009 \4- 7- 09\Altemative I Ear - Revised Madison Sq.FLUM.doc
Dear Mr. Ray Eubanks:
As a follow -up to our telephone conversation on May 29, 2008, concerning the City of South Miami's EAR
adoption, the information you provided to us was most helpful. As suggested, we are requesting your written
response to some of the issues discussed.
As you recall the City of South Miami's EAR Amendment (Amendment 08 -IER) has progressed to the extent of
having the ORC report submitted to the City on January 19, 2008. The second reading and final adoption of the
EAR Based Text Amendment document and ordinance was to be completed in 120 days, by May 18, 2008. To date
the City Commission has been unable to approve the ordinance which requires, by local Code, a 4/5 approval vote.
The primary focus of the disagreement by two elected officials has been a proposed new Future Land Use Map
Category which creates a neighborhood center mixed use district allowing for an affordable housing opportunity in a
CRA target community. As a result, we have the following questions:
1) Can the City obtain an extension of time in order to submit the EAR Based Text Amendment Document? The
Department does not have the statutory authority to grant an extension on the 120 day response time limit
after the ORC is issued.
2) Can the City, as part of the final adoption of the EAR Document, make changes or amendments to other
sections of the Comprehensive Plan which changes or amendments have not been considered during the entire EAR
review /public hearing process and are not in response to comments in the ORC? Section 163.3184, F.S, does not
contemplate changes other than what are originally proposed. The Statute states that the local government
should adopt, adopt with changes (in response to the ORC) or not adopt the amendment within 120 days
from receipt of the ORC.
3) If the City's additional changes are not part of the EAR amendments, would these changes and amendments be
part of a separate amendment package submitted during the regular Comprehensive Plan amendment cycle later in
the year? Yes, that would be the case in the situation you have described. Any additional changes not part of
the EAR -based amendment package would be another amendment cycle.
4) If the City can not come to a consensus on adopting the EAR Document, can the City withdraw the current
EAR Document? Yes, that would be an option. Please note that the City would still be under a prohibition for
failing to adopt the EAR -based amendments within the 18 month time limit after the EAR was found
sufficient. That prohibition would be in effect until the EAR -based amendments were retransmitted
proposed and adopted.
5) If the answer to question number for is yes, will the City be required to go back to the beginning and start the
EAR amendment process over? Yes, Once the EAR -based amendments have been formally withdrawn the
amendment package would no longer exist and the local government would have to start the amendment
process from the beginning.
6) Can the City process amendments to Comprehensive Plan without having the EAR Document approved and
submitted to DCA. No, the City is currently under a prohibition pursuant to Section 163.3191(10), F.S., and
may not conduct further amendments until the EAR -based amendments are adopted.
7) At what point would the City be subject to sanctions as set forth in FL. Statues Sections 163.3191 and 3184?
This would be a question our legal department would need to address. Please be aware that an affected party
could seek circuit court action at any point a local government fails to implement their comp. plan or the
provisions of Section 163, F.S.
Should you have any questions or comments, please do not hesitate to call me at 305.668.2510.
Thanks,
W. Ajibola Balogun
City Manager
CITY COMMISSION AFTER ACTION
SUMMARY
Meeting date: May 20, 2008
Next Regular Meeting date: June 3, 2008
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVALUATION
AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE
SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO
THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;
TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION;
RECREATION AND OPEN SPACE; INTERGOVERNMENTAL
COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. 4/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioner
Palmer, the motion to approve this item failed by a 3 -2 vote.
Vice Mayor Beasley: Nay; Commissioner Wiscombe: Yea; Commissioner
Palmer: Yea; Commissioner Beckman:.Nay; Mayor Feliu: Yea.
EMERGENCY ORDINANCE
(ONLY ONE READING REQUIRED)
Charter, Art. II, Sec. 6, B (3)
15 -08 -1950
5. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
REGULAR CITY COMMISSION 1
AFTER ACTION SUMMARY - May 20, 2008
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
0 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVALUATION
AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE
SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO
THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;
TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION;
RECREATION AND OPEN SPACE; INTERGOVERNMENTAL
COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. 4/5
(City Manager)
Moved by Commissioner. - Wiscombe, seconded by Commissioner
Palmer to approve this item.
Mr. Youkilis presented this item. The EAR is mandated by the
state to be done every seven years and it is a very long process
which includes various meetings of the Planning Board and of the
City Commission before it is sent to DCA for review. After
reviewing the proposed amendments by the City, DCA returns the
document with its own recommendations. Failure to adopt
amendments recommended in the EAR -Based Text Amendment Report
within a certain period of time will result in sanctions against
the local government. It was recommended by both the Planning
Board and by staff that the revised document be approved. The
revisions consisted of: (1) Proposed revision related to the name
of the Capital Improvement Plan (p.52); and, (2) Proposed
revision to the Future Land Use Map Category for the Madison
Square area, (specifically Alternative III (A) Modified) being
re- inserted in the EAR (pp. 16 -17).
Consultants Joe Corradino and Jerry Bell were in attendance
for answering any concerns from the Commission. The consultants
explained that their recommendations were based on meetings with
members of the community in various occasions.
On a specific question posed by Vice Mayor Beasley regarding
the allowable height of the proposed Madison Square project, the
consultant said that regardless of the outcome of this item
tonight, whether passing or not, the allowable height would be
four stories.
Mr. Youkilis interjected, explaining that the current land
use category is the same as for downtown, called Mixed -Use
REGULAR CITY COMMISSION 4
MINUTES - May 20, 2008
Commercial /Residential (4- stories, 24- units /acre); that number of
units is not enough to do what is has been promised to the County
in order to keep the CRA going. If affordable housing is an
objective of the City, this is the only opportunity for the
Commission to do it.
Vice Mayor Beasley expressed concern with the impact of the
proposed amendment related to Madison Square on the rest of the
condominiums within that zoning district.
Regarding transferable development rights, the consultant
explained that this would not be possible as the present code
reads. For this to happen, the code would have to be amended.
After some further discussion, the public hearing was
opened.
Reverend Harris addressed the Commission in support of the
amendments relating to Madison Square; he spoke about how the
area churches have committed their sites in order to mitigate
parking for the project.
Levy Kelly also spoke in support of the amendment for
Madison Square.
Reverend Gay said that he is tired of wasting his time
coming over and over just to repeat the same thing. He spoke in
support of the Madison Square project; he said that if this issue
is not resolved, that the community will have no choice but to
pursue legal action in order to make this project happen.
David Tucker Sr. urged the Commission to go back to the
drawing board in order for this project to succeed.
Dick Ward spoke in support of the Madison Square project,
urging the Commission to allow the Madison Square project become
a reality. He warned that this could result in another issue such
as the parking garage where the City lost a lot of money over the
ten years that such project took to come to fruition.
Sarah Tompkins urged the Commission to stop the discussion
and follow the wish of the community by approving this item
tonight.
With no further speakers the public hearing was closed.
Mayor Feliu said that the community has spoken over and over
and have expressed their wishes, and that they really want this
project to go on.
REGULAR CITY COMMISSION 5
MINUTES - May 20, 2008
Moved by Vice Mayor Beasley to amend the EAR document by
removing the paragraphs on pages 16 -17 called "Neighborhood
Center /Mixed Use District (Four Story). Seconded by Commissioner
Beckman. Before calling the vote, the Mayor opened the
discussion.
The consultant reiterated that there is no provision in our
City's code relating to the transfer of any development rights.
Commissioner Wiscombe said that he has attended every
workshop on this issue and that he has no doubt as to what the
people on that part of the community wants. He said.that he would
not support anything taken out of the document at all.
Commissioner Beckman said that this amendment will have a
huge impact on all other districts such as TODD. The consultant
again refuted this notion posed by Commissioner Beckman.
Commissioner Palmer also asked for clarification regarding
the transfer of development rights. Both the consultant and the
City Attorney reassured her that our code does not have any
provisions to that effect as our laws are written today. A Comp
Plan amendment would have to be done and would have to go through
the whole tedious procedure.
Commissioner Beckman said that what should have been done
for this area to show compatibility is that there should have
been certain studies done as those that were made for the Red
Road Commons project. Red Road Commons had to adjust one side of
the project to three stories because of being adjacent to a
single - family neighborhood; there were also traffic studies done
for that project to make sure that the project would not create
traffic problems in the future; there were studies for potential
impact to the school system, as well as for area infrastructure.
Commissioner Beckman then said that nothing has been presented'to
him showing comparability with regard to the proposed project of
Madison Square; he said that he has been proposing all along that
those studies must be done in order to determine what the proper
land use designation for Madison Square is. We will know what can
be built there that is comparable with the surrounding
neighborhoods, the road system, and everything else in that area.
He then proposed to pass this amendment removing this land use
designation from the document.
Mayor Feliu said that the bulk of Madison Square is owned by
the CRA and subject to public hearings depending on the project.
Obviously, he continued, there are no studies because there is no
designation for anything right now.
REGULAR CITY COMMISSION 6
MINUTES - May 20, 2008
The consultant said that this is not the proper time to do
the studies proposed by Commissioner Beckman; you are regulating
land use at this time, he continued, you don't have a project, a
developer, a site plan, number of units; therefore, all those
studies would be an absolute necessary part of the process once
an application comes in, whether is by the City or by a developer
to do a project. At that time, if somebody for instance wants to
develop four stories and 60 -units per acre, and if it is beyond
your roadway capacity, then it would be scaled back. The
consultant said that he has never seen a case throughout his
career where anybody has done what you are asking for at this
stage in the game, he concluded.
Commissioner Beckman insisted that land use designation is
supposed to have enough study done so that.the height and density
limitations have some real meaning to them.
With some further discussion, the motion to approve the
above amendment by Vice Mayor Beasley failed by a 2 -3 vote:
Commissioner Wiscombe: May
Commissioner Palmer: May
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
At this time Commissioner Beckman proceeded to propose, the
various amendments to the EAR document.
At this time the Mayor announced a five - minute break.
Moved by Commissioner Beckman, seconded by Vice Mayor
Beasley, the motion to amend the Multi- Family Residential (Four -
Story) Future Land Use Category, failed by a 2 -3 vote:
Commissioner Wiscombe: Nay
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
Moved by Commissioner Beckman, seconded by Vice Mayor
Beasley, the motion to amend the Commercial Retail and Office
(Two - Story) Future Land Use Category, failed by a 2 -3 vote:
Commissioner Wiscombe: Nay
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
REGULAR CITY COMMISSION 7
MINUTES - May 20, 2008
Moved by Commissioner Beckman, seconded by Vice Mayor
Beasley, the motion to amend the Transit - Oriented Development
District (TODD) (Flexible Height up to S 6 Stories), failed by a
2 -3 vote:
Commissioner Wiscombe: Nay
Commissioner Palmer: Nay
Commissioner Beckman:. Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
Moved by Commissioner Beckman, seconded by Vice Mayor
Beasley, the motion to amend the Public Institutional Uses (Up to
4 Stories Depending on Surrounding Zoning) Future Land Use
Category failed by a 2 -3 vote:
Commissioner Wiscombe: Nay
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
Moved by Commissioner Beckman, seconded by Vice Mayor
Beasley, the motion to amend the Educational Uses (as a
subcategory of the public institutional land use designation),
failed by a 2 -3 vote:
Commissioner Wiscombe:. Nay
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
Moved by Commissioner Beckman, seconded by Vice Mayor
Beasley, the motion to amend the Future Land Use Element - Goal
1, failed by a 2 -3 vote:
Commissioner Wiscombe: Nay
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
Moved by Commissioner Beckman, seconded by. Vice Mayor
Beasley, the motion to amend the Future Land Use Element - Policy
1.1.2, failed by a 2 -3 vote:
Commissioner,Wiscombe: Nay
REGULAR CITY COMMISSION 8
MINUTES - May 20, 2008
V
Commissioner Palmer: Nay
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Nay
At this junction, the consultant reiterated that if the EAR
document were to be sent back to DCA with the above proposed -
amendments the document would not be approved, and recommended
that the proposed changes be introduced on the next cycle of the
EAR amendments which is sometime in October. He reiterated that
the City could be sanctioned and that it has probably been unable
to process land use amendments since this past November's
deadline.
Commissioner Palmer said that the reason she voted against
the above amendments is because she has not had the opportunity
to review them ahead of time since they were introduced at this
meeting. Mayor.Feliu and Commissioner Wiscombe concurred.
Moved by .Commissioner Wiscombe, to consider the above
proposed amendments and address those issues in October. Seconded
by Mayor Feliu, and opened for discussion.
Vice Mayor Beasley recommended deferring this item for two
weeks since he did not feel comfortable with the language which
he previously proposed removing.
After some further discussion, the motion to approve the
above amendment by Commissioner Wiscombe, passed by a 3 -2 vote:
Commissioner Wiscombe: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Nay
Vice Mayor Beasley: Nay
Mayor Feliu: Yea
With no further comments, the motion to approve this item
failed by a 3 -2 vote:
Commissioner Wiscombe: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Nay
Vice Mayor Beasley: Nay
Mayor Feliu: Yea
Moved by Mayor Feliu, seconded by Commissioner Palmer, the
motion to take the Emergency Ordinance out of order passed by a
5 -0 vote:
Commissioner Wiscombe: Yea
REGULAR CITY COMMISSION 9
MINUTES - May 20, 2008
ALTERNATIVE III (A)
REVISED FUTURE LAND USE CATEGORY FOR MADISON SQUARE
(adopted by City Commission on first reading -April 22, 2008)
Neighborhood Center/ Mixed Use District (Four Story)
The Neighborhood Center /Mixed Use future land use category is intended to allow for
a mix of retail, office, residential and cultural/entertainment uses characteristic of
traditional neighborhoods. Neighborhood Center/ Mixed Use developments are
unified cohesively designed developments, built according to specific and detailed plans
which allow a mix of uses that are substantially related, compatible or complementary.
Developments shall emphasize pedestrian use and accessibility through urban design
principals as referenced in the City's Land Development Regulations. Such
developments shall respect the existing street grid by including multiple parcels on
adjacent blocks (bisected by public rights -of- way).
Permitted heights, densities, and intensities shall be set forth in the Land Development
Code subject to the following constraints: minimum lot size of 0.5 acres, maximum
building height of four stories, maximum F.A.R. of 2.0, maximum residential density
of 60 units /acre.
Any residential component shall be no greater than 75% or less than 40% of the gross
floor area of the development. Non residential components shall be no greater than
60% or less than 25% of the gross floor area. Residential uses may be located on any
floor, office uses on the first and second floor, while retail and culturaUentertainment
uses shall be restricted to the ground floor:
The application of the Neighborhood Center /Mixed Use Future Land Use Category is
limited solely to the Madison Square Development Project located in the area bounded
by SW 64 Street, SW 60 Avenue, SW 59 Court and theoretical SW 64 Terrace in the
South Miami Community Redevelopment Area.
X: \Comm Items\2008 \4- 22- 08\Aiternative III Ear - Revised Madison Sq.FLUM.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 24, 2009
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Ms.
Yates, Mr. Cruz and Ms. Chael. Absent: Mr. Comendeiro
City staff present: Sanford A. Youkilis (Acting Planning Director), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Administrative Assistant).
IV. Planning Board Applications/Public Hearing
PR -09 -004
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL
REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES,
AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS:
FUTURE LAND USE;TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL
COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE
Action: Mr. Yates read the item into the record.
Mr. Morton commented that PB number had been left out on the report. Mr. Youkilis
responded that the number is PB case 09 -004 and the applicant is the City of South Miami.
Mr. Youkilis read the request that came from the City Commission .It was a request for the
Board to act upon EAR Based Text amendments. The City Commission reviewed it once
Planning Board. Meeting
February 24, 2009
Page 2 of 8
and adopted it on August 23, 2007, but since then there has been a hold. The Department
of Community Affairs has accepted the first draft of the text amendments, and they
recommended two changes. One was to change the date of the capital improvement report,
the other one was a technical amendment on the date of the School Board amendments.
The specific reason that there has been a delay is due to the Neighborhood Center Mixed
Use District. A new category, the Neighborhood Center Mixed Use District, was created to
be placed on the Future Land Use Map and to be used for the CRA project called Madison
Square. The adoption in 2007 of the EAR Based Text amendments included a section
creating a new Land Use category with maximum standard of acres 60 units an acre with a
four story height limit and a 2.0 FAR.. Essentially this is the higher than any other land
use*district. The higher density was recommended by the Corradino Group, CRA staff and
Planning Department. This would allow for maximum development for Madison Square,
which will be affordable housing units with some mixed commercial uses. During certain
workshops and hearings Madison .Square became the topic as to whether or not the Future
Land Use category should remain as submitted, reduced in density or height or removed
completely. The final vote on May 20, 2008 was 3 -2 for approval. However, when there is
a change in the wording in the comprehensive plan requires four votes and so therefore no
action was made. A DCA representative did attend a later meeting and provided the
Commissioners information regarding the completion of the project or if it was not
completed and advised that the local government could only revise certain sections of the
EAR documents that were directed by DCA.
Mr. Youkilis then reviewed the new proposal from the City Commission which is asking
that the Planning Board recommend on one change; that the entire reference to the
Neighborhood Center Mixed Use District that was adopted be removed. He explained that
the removal of this new category would still allow for implementation of a Madison
Square Project using the current and existing Future Land Use Category "Mixed Use
Commercial/Residential ". That category allows maximum development of 4 stories, 24
units an acre, and a floor area ratio of 1.6. The Comprehensive Plan Future Land Use
category development limits are maximum; the underlying zoning district can be adjusted
to allow development at a smaller scale then the maximum limits set by the Future Land
Use category.
Mr. Youkilis further explained that the current underlying zoning district "NR"
Neighborhood Retail, will need to be changed as it does not permit residential
development and has a floor area ratio of .25, and a maximum height of 2 stories. A new
zoning district would have to be created which limits development to whatever is the
considered most appropriate by the City. Mr. Youkilis stated that this approach could allow
for consensus on the EAR Based -Text Amendments and still provide for a project at
Madison Square.
Mr. Youkilis advised that the staff report contained the original wording for the
Neighborhood Center Mixed Use District adopted by the City Commission in August,
2007 and sent to DCA. In addition the report also contained a copy of the Neighborhood
Center Mixed Use District (Alternative III A) as adopted by the Planning Board in April,
2008.
Planning Board Meeting
February 24, 2009
Page 3 of 8
Mr. Morton questioned what the main issue on this project is. Mr. Youkilis replied the
density of the project.
Ms. Young questioned what has changed .since 2007. Mr. Youkilis responded there have
been some changes in elected officials and also economic conditions.
Ms. Young commented that the economic change would only prove the need for affordable
housing which probably will not happen. She commented that the community needs to be
treated fairly; the changing of commissioners has nothing to do with the situation but does
believe this Board is being toyed with.
Mr. David provided the Board with the history of the Madison Square and how the density
came to be. Mr. David commented that for the last two fiscal years there has been money
in the budget and he is directed by the Board on how to spend the money, but there is
money toAmd this project.
Ms. Chael commented that it is money well spent and to build the building that has been
wanted.
Mr. Youkilis commented that affordable housing house has a rent cap on it and advised the
number of units depend upon the economy of scale.
Mr. Morton suggested conducting an economies of scale study to know how much
building can be built .This would allow the EAR to move forward. It could be capped at 24
units until an amendment is proposed in the future. He recommended taking a month or
two and trying to get an analysis done with facts.
Ms. Yates commented that she preferred adopting the EAR Based Text amendments as
recommended by the DCA. There will be additional time in the future to do site planning
and the more than likely the building will not end up being 60 units to the acre. She
commented that the Board needs to make a strong action, and that the EAR needs to move
forward.
Mr. Young questioned how much the consultant has been paid and is the city in the
position to be sanctioned. Mr. Youkilis responded that the City had contracts of $75,000
and the City is in a current contract of $ 35,000. The DCA may peruse sanctions and that
the Comprehensive Plan or Land Use map cannot be changed until the EAR is completed.
Chairman opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
David Trucker 6552 SW 78 Street Support
Mr. Tucker commented that the community was excited when hearing of this project and
Planning Board Meeting
February 24, 2009
Page 4 of 8
what has happened is that the city has been displeased. He commented that the community
wanted this project on a matter of pride and what has happened through a matter of time it
languished. He suggested a master plan to be submitted and for the Board members to start
thinking of doing what the community wants. He then informed the Board of previous
history in the City.
NAME ADDRESS SUPPORT /OPPOSE
Russel Harris Support
Mr. Harris commented that he is the pastor of Mount Olive Baptist Church in the City of
South Miami. He wants to thank the Board for all the work they have done and leave
everything as it is. One of the reasons he and his congregation are in favor is this property
affects the target area. When speaking of who this project affects your looking at the
community. This project will help with the economic distress and the community needs as
much stimulus and affordability. Many businesses are willing to contribute to this
development. What hurts us is that sometimes we do things with good intension but it has a
bad outcome. The community needs things like affordable housing, mixed use, a person
selling food on a corner out of a truck. We would like to see people like that in the
community. The people of the community would like to buy food in that target area. I am
not an expert on the procedures but no matter what you decide nothing could be decided
until you receive a plan. This is very much needed for stimulus. God Bless.
NAME ADDRESS SUPPORT /OPPOSE
Rodney Williams 6041 SW 66 Street . Support
Mr. Williams commented he is a CRA Board member, but is not speaking as Board
member. It was brought to his attention the density is of great value for those who live
there. As a small business owner and who is trying to find a location to open up shop, but
since everything is so expensive that charging a higher price to those he is providing
business to might be the outcome. He commented that he would like for the Board that
making it affordable in the neighborhood would allow him to give quality service to his
clients.
NAME ADDRESS SUPPORT /OPPOSE
Dean Whitman 6259 SW 70 Street Oppose
Mr. Whitman expressed to the Board his concern on how the main issue is the density. He
had been a participant in the EAR meeting since the beginning. He gave more elaborate
details on how the text is non site specific and could be used anywhere in the city. Once a
density is in the code it will set a precedent which will create intense capacity. This project
could be developed affordably at reasonable densities.
NAME ADDRESS- SUPPORT /OPPOSE
Levy Kelly Support
Mr. Kelly commented that nothing has happened for over a year and there is an agenda out
Planning Board Meeting
February 24, 2009
Page 5 of 8
there related to this project. There are people on the Commission that do not want to see
this plan go further, it has nothing to do with density. The community is tired of playing
games. He thanked the Board for their efforts, but tomorrow a civil action lawsuit would
be placed on the City. The community is tired of being second class citizens, will not
accept it. Please do not change the EAR. Mr. Kelly submitted a petition with seventy five
signatures of citizens that support this project.
NAME ADDRESS SUPPORT /OPPOSE
Oliver von Gundlach 6755 SW 64 Street Oppose
Mr. von Gundlach reiterated what Mr. Whitman commented. He gave specifics on Urban
Planning, how high density has nothing to transition into and the city would be creating a
problem. He informed the Board members of the history of how Madison Square began
from Madison East and Madison West. This issue is regarding trying to figure out what
land use would be placed in the books that could be used some where else.
NAME ADDRESS SUPPORT /OPPOSE
Beth Schwartz 6430 SW 62 Court Oppose
Mrs. Schwartz commented that the amount of space that these people would be living in is
not comfortable living. She commented that there is a thing of building responsibly and
irresponsibly. She would like the city to build responsibly and since it is not site specific it
would set a precedent all around the city that this could be applied too. Such projects like
Valencia got their high density rate and variances and it was told to the citizens that it
would be affordable housing. It is not affordable after a certain amount of time. She urged
the Board to approve the 24 units per acre limit because that would be comfortable living
for affordable housing.
Mr. Morton questioned the density of Valencia. Mr. Youkilis commented that it is three
acres divided into three hundred units.
NAME ADDRESS SUPPORT /OPPOSE
Larry White 6531 SW 58 Place Support
Mr. White commented that he believed this project had been approved two years ago, but it
seems that the Board has been placed in the situation to kill the project. He commented that
the community does need a Madison Square project in the neighborhood.
NAME ADDRESS SUPPORT /OPPOSE
Roxanne Scalia 6925 SW 63 Court Oppose
Ms. Scalia questioned if there was a project plan .Mr. David responded there is no plan
with numbers of units. She commented that this is not about killing a project, but a test on
60 units per acre. Ms. Scalia is concerned that the area of Lee Park could be torn down
because of the new zoning and built upon. She recommended the Board to research what
high density does to an area. I do want Madison Square and in reality 60 units per acre it is
impossible to fit. Ms. Scalia would like to preserve the area, we do not need affordable
Planning Board Meeting
February 24, 2009
Page 6 of 8
housing we need low- income housing.
NAME
I: "1 -R=1
SUPPORT /OPPOSE
Walter Harris " " Oppose
Mr. Harris commented that he is on the CRA advisory board not speaking as a board
member. He commented that there is no hidden agenda. There is no racial division and the
board's decision which they need to keep in mind is to protect the community.
NAME
Sharon McCain
ADDRESS
7502 SW 58 Avenue
SUPPORT /OPPOSE
=
Ms. McCain would like the minutes to reflect that the City Attorney is not present at the
meeting, which she believes is very odd and he should be here tonight. Ms. McCain
commented that Commissioner Beckman and Mayor Feliu created a code of conduct that
says if you are on a board you cannot speak in regards in something that affects your
neighborhood. She commented that Madison Square is not about affordable housing.
According to the meeting on affordable housing on Thursday concerning Red Road
Commons a rent of $954 for a one bedroom was challenged. This is what happens when
you do not have fair representation by City officials and the City Attorney. She does not
believe that Madison Square needs low income housing not affordable housing, she
commented that it is not anticipated that this would be used in any other location according
to Mr. Youkilis. She also added more comments regarding the April- 24 minutes. This
document is to allow the developers to step in and kick people out. This movement is made
by the CRA coordinators and by the way Mr. Corradino is a commissioner in Pinecrest and
they do not have any affordable housing.
NAME ADDRESS SUPPORT /OPPOSE
Bernice Elles 6521 SW 58 Avenue Support
Ms. Elles has lived in the City of South Miami for fifty five years. Many have come up
who do not live in the target area. She commented that those who have lived there long
enough to know what is needed and we do not need the outsiders who don't live in our
area to tell us what we need. If you care about the community you would allow us to have
what we need for us to enjoy the area. There has been a back and forward position by the
Commission.
NAME ADDRESS SUPPORT /OPPOSE
Janet Lancealott " " Support
Ms. Lancealott commented that she would like the Board to vote like they voted before
and providing decent housing maybe not by the definition, but will help the community.
The City of South Miami might help the community achieve the true American dream.
Chairman closed the public hearing.
Mr. Morton questioned what the Board is looking at if the zoning is NR. Mr. Youkilis
Planning Board Meeting
February 24, 2009
Page 7 of 8
replied that it is land use category which allows mixed use, the same as in the Hometown.
It was referred back to the Board by the City Commission for a recommendation. The
underlying NR zoning district does not allow residential..
Mr. Morton questioned if it is land use category is 60 units per acre would all NR districts
get changed into 60 units. Mr. Youkilis replied that has no impact on the zoning category
and that could only be changed by the action from the Planning Board and City
Commission. The Board would have to create a separate zoning category. Mr. Youkilis
advised that the zoning district used on Madison Square could not be used on another
avenue.
Ms. Yates questioned in the Future Land Use category which is a text amendment, when
will the map show where that particular category would be used. Mr. Youkilis replied that
would be the next phase of Comprehensive Plan amendments.
Mr. Cruz questioned if the Land Use category is site specific only for Madison Square. Mr.
Youkilis responded that the wording submitted to DCA is not site specific and a future
commission could use this at another location if it is placed in the Plan.
Ms. Chael questioned if the Board was looking. at a density of 60 acres but caped at 4
stories. She commented if you are caped at four stories and you do have the standard for
parking you will hit the wall in regards to all the requirements way before you reach 60
units. She commented that four stories is fine and is the center of the community and she
does not have a problem on how it was approved but someone needs to do a study of what
the project will look like, how many units etc.
Mr. Morton questioned if the board is in the position to recommend Alternative 3(A). Mr.
Youkilis responded there are many alternative recommendations and the Board could make
any recommendation it feels appropriate.
Mr. Cruz questioned if there was a study made for the 60 units. Mr. David responded that
the Corradino group is the overall consultant that has looked at the area collected
community input and made an analysis that determined that 60 units would fit.
Mr. Cruz questioned how the Board could get a hold of the research the group conducted.
Mr. Youkilis replied that it is attached, as an appendix to the EAR based amendments.
Motion: Ms. Yates moved and Mr. Cruz seconded that the following recommendations be
sent to the City Commission:
1. That the draft ordinance removing the new land use category as suggested by
Comm. Beckman for Madison Sq. be denied;
2. That the land use category adopted by the Planning Board and City Commission
May, 2008 entitled "Alternative 3(A)' be approved again;
Planning Board Meeting
February 24, 2009
Page 8 of 8
3. That the CRA or City have outside experts prepare a pro -forma financial analysis
for Madison Sq. to determine building costs, number of unites needed, potential
rents, size of unites and a design/ site plan.
Vote: 6 Ayes 0 Nay
XAComm Items\2009 \4- 7 -09\PB MIn Excerpt 02.24.09.doc
South Miami
kxftld
All- America City
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2001
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: February 24, 2009
Planning Board Members
From: Sanford A. Youkilis Re: EAR Text Amendment
Acting Director of Planning Remove Madison Sq FLUM
Category
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL
REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS,
OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN
ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING;
INFRASTRUCTURE; ' CONSERVATION; RECREATION AND OPEN SPACE;
INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE
SUMMARY OF REQUEST
The City Commission at its February 3, 2009 meeting referred to the Planning Board for public
hearing an ordinance which would adopt the Comprehensive Plan Evaluation and Appraisal
Report Based -Text Amendments document. The draft ordinance and the attached Exhibit "A ",
removes from the listed amendments any reference to a new land use category for the Madison
Square project. No other section of the amendments are to be considered at this hearing.
BACKGROUND
The final adoption of Comprehensive Plan Evaluation and Appraisal Report Based -Text
Amendments has been pending since August 23, 2007 when the document was approved and
sent to DCA. The document adopted in 2007 was approved by Florida Department of Community
Affairs (DCA) in January 2008.
The approval by DCA contained a directive (ORC Report) that the City must make only one
technical amendment; adopt the .EAR Based -Text Amendments by ordinance; and then it send
back to DCA within 120 days (May, 2008) as required by State Statute. This has not been
completed despite continuing attempts during the period April- August, 2008.
The specific reason for the delay relates to one of the proposed amendments which was adopted
as part of the original EAR Based Amendment in August 2007. That amendment created a new
Future Land Use Category, entitled "Neighborhood Center /Mixed Use District ". The new
2
category was to eventually be placed on.the City's Future Land Use Map over the CRA project
area called Madison Square, a mixed use project with affordable housing units. The new category
provided for densities (60 units /acre, 2.0 FAR, 4 story max.) higher than all current Land Use
Categories. This higher density was recommended by the CRA staff, the Planning
Department and the City's EAR consultants in order to allow maximum development of
affordable housing units..
During the period April- August, 2008 the Planning Board and City Commission conducted
several hearings and workshops. This Madison Square issue was subject to debate as to whether
or not the Future Land Use Category for Madison Square should remain as submitted or should it
be reduced in density /height, or removed totally.
The final vote on second reading occurred at the City Commission meeting on May 20, 2008 at
which time a vote was taken on the entire EAR Based -Text Amendments with the new Land Use
Category for Madison Square (with minor word adjustments). The vote was 3 -2 in support of the
document, however, a 4/5 vote was required by local Code. The minutes (excerpt) of that
Commission meeting is attached.
INFORMATION FROM FLORIDA DCA
In the interim period the City did obtain information from DCA concerning the delay in
approving the EAR Based -Text Amendments. At a special City Commission workshop held on
August 27, 2008 a representative from Florida DCA (R. Dennis) responded to a number of
questions concerning the City's status and the possibility of sanctions being taken against the
City. Mr. Dennis also explained that a local government can only revise those sections of the
EAR Amendments which are directed by DCA. These questions were also responded to in an e-
mail sent to the City Manager (8 -27 -08 attached) from R. Eubanks, a DCA administrator.
NEW PROPOSAL FROM CITY COMMISSION (Exhibit "A ")
The proposal introduced by Commissioner Beckman and referred to the Planning Board makes
only one change to the EAR Based -Text Amendments. It is proposed that the entire reference to
a new Future Land Use Category "Neighborhood Center /Mixed Use District" which was adopted
in August 2007 be removed (See Exhibit "A" attached).
It also proposed as seen on Exhibit "A" (see Note) that the implementation of the Madison Square
project can be done under the existing land use category, which is "Mixed Use Commercial/
Residential" (allows 24 units /acre, 1.6 FAR, 4 story max.). The current zoning over the site
"NR" Neighborhood Retail which does not permit residential and is extremely limited in density,
would have to removed and a new zoning district established.
PLANNING BOARD ACTION
The Planning Board last considered this issue on April 21, 2008 at which time the Board by a
vote of 6 ayes 0 nays recommended that EAR Based -Text Amendments be adopted with the
technical amendment ordered by DCA and the new land use category for Madison Square
(Alternative III A). The minutes of that Board meeting is attached.
3
RECOMMENDATION
The Planning Board is being requested to hold a public hearing and provide a recommendation
specifically on the referred draft ordinance including the revision shown on "Exhibit "A" which is
to entirely remove the proposed new Land Use Category for Madison Square ( "Neighborhood
Center /Mixed Use District ") and to implement the project using the parameters of the existing
land use category.
Attachments:
Draft Ordinance and Attachment "A:"
E -Mail Communication from DCA
City Commission Minutes 5 -20 -08
Planning Board Minutes 4 -21 -08
Copy of Public Notices
SAY
X: \PB\PB Agendas Staff Reports \2009 Agendas Staff Reports \2- 24- 09 \PB -09 -004 EAR Ord Revised .doc
MIAMI DAILY BUSINESS REVIEW
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Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attaches copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOId APRIL 7, 2009
in the XXXX Court,
was published in said newspaper in the issues of
03/27/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published In said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of-one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed before S
27 day of MARCH , A.D. 2009
(SEAL)
V. PEREZ personally known to me
I.. Nnfary Public State of Florida
CMI' l M. Manner
My Cormnlsslon OD793490
Expires071182012
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the city Commission of the City of South
Miami, Florida will conduct Public Hearings, at its regular City
Commission meeting scheduled for Tuesday, April T, 2009 beginning at
7:30 p.m. in the City, Commission Chambers, 6130 Sunset Drive, to
consider the following items:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 2 OF THE CITY'S CODE OF
ORDINANCES ENTITLED ADMINISTRATION AND CITY
GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED
'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND
DUTIES'; TO INCLUDE SUBSECTION .(E): PROHIBITING
FORMER EMPLOYEES THAT HAVE RECEIVED SEVER-
ANCE AND/OR HAVE SUED THE CITY AND HAVE
RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE
CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY,
EXCEPT AS OTHERWISE PROVIDED UNDER LAW:
PROVIDING FOR SEVERABILITY. ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR �ND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE POSITION OF THE CITY MANAGER; AMENDING THE
CODE OF ORDINANCES CHAPTER 2. "ADMINISTRATION
AND CITY GOVERNMENT,' SECTION 24.4, ENTITLED
"RESERVED,' PROVIDING FOR AN ANNUAL PERFOR-
MANCE EVALUATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE
IV, WHICH ARTICLE SHALL BE ENTITLED -LOT MAINTE-
NANCE AND ABANDONED PROPERTY:' OF CHAPTER y4,
RELATING TO 'OFFENSES AND MISCELLANEOUS
PROVISIONS': PROVIDING'FOR FINES, STANDARDS FOR
LOT MAINTENANCE AND A DETERMINATION Of t
ABANDONED PROPERTY; PROVIDING FOR NOTICE PRO-
VISIONS FOR AN ANNUAL NOTICE RELATING TO LOT
MAINTENANCE ,ISSUES; PROVIDING AUTHORITY TO
ENTER PROPERTY TO MAINTAIN LOT. IF PROPERTY IS
NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR
AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON
ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS;
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI.
CATION, SEVERABILITY. AND AN EFFECTIVE DATE.
Rg3olution:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO A
REQUEST FOR A VARIANCE FROM SECTION 204.4 (B) OF
THE LAND DEVELOPMENT CODE TO ALLOW FOR A
COMMERCIAL BUILDING TO REDUCE REQUIRED PARK-
ING SPACES FROM TWENTY SIX (26) TO TWENTY THREE
(23) SPACES; AND A VARIANCE WAIVING THE FIVE (5)
FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE
GRAPHIC REQUIREMENT IN SECTION 20.4.4: ALL ON
PROPERTY WITHIN AN "LO' LOW - INTENSITY OFFICE USE
LOCATED DISTRICT 68TH STREET. SOUTH
MIAMI. FLORIDA; AND PROVIDING NGFOR AN EFFECT IE
DATE. "
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CRY OF SOUTH MIAMI, RELATING To A REQUEST
PURSUANT TO SECTION 20- 3.4(B)(4Xb) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO
LOCATE A GENERAL RESTAURANT LOCATED AT 6200
SUNSET DRIVE WITHIN THE 'PUO -H' PLANNED UNIT
MI DEVELOPMENT-HOSPITAL AMI HOSPITA 1 AND PROVIDING N EFFECTIVE DA E.
First Reading•
AN ORDINANCE OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA
(EAR) BASEDHTEXT AMUENDMENTS O THE APPRAISAL OUTH MIAMI
COMPREHENSIVE PLAN: THE AMENDMENTS ARE TO THE
GOALS, OBdECTVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE:
TRANSPORTATION; HOUSING; INFRASTRUCTURE; CON-
SERVATION; RECREATION AND OPEN SPACE: INTER -
GOVERNMENTAL COORDINATION: AND CAPITAL IMPROVE-
MENTS: PROVIDING FOR SEVERABILITY• ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
ALL interested parties are invited to attend and will be heard.
Marra M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105• the City hereby advises the
public that if a person decides to appeal any decision made by this
Board. Agency or Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to 9 based . /1200311 M
3127
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Air Force Reserve Airman
Christine Mondesir gradu-
ated from basic military train-
ing at Lackland Air Force
Base, San Antonio. She is a
2007 graduate of Dade Chris-
tian School.
Army Staff Sgt. Cedrick
Stewart was named non-
commissioned officer of the
quarter at Fort Carson, Colo.
Stewart is a battalion chemi-
cal, biological, radiation and
nuclear operations supervisor
assigned to headquarters
company, 43rd Sustainment
Brigade at Fort Carson. He
received the honor after fin-
ishing first in five consecutive
selection boards. Stewart,
who has served in the military
for four years, is married to
Tynshawnta Stewart of
Homestead and is a 1997 grad-
uate of Homestead High
NEIGHBORS IN UNIFORM
MONDESIR GONZALEZ STEWART ACOSTA
School. The sergeant's guard- of Miami -Dade County and is
ians are Tommy and Dorothy a 2008 graduate of Southridge
Smith of Florida City, High School.
Army Pvt. Ismael Allegue
recently graduated from basic
combat training at Fort Sill,
Lawton, Okla. Allegue is the
son of Irene Subiza of Miami -
Dade County.
Air Force Airman Calvin
Lincoln graduated from basic
military training at Lackland
Air Force Base, San Antonio.
He is the brother of Stacy
Leets of Miami -Dade County.
Air Force Airman Oscar
Acosta graduated from basic
military training at Lackland Air Force Airman Moises
Air Force Base, San Antonio. Gallardo graduated from
He is the son of Raul Acosta basic military training at
(V
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular
City Commission meeting scheduled for Tuesday, April 7, 2009 beginning at 7:30 p.m. in the City Commission Chambers,
6130 Sunset Drive, to consider the following items:
ANORDR"CE RE ATNGTOAMENDING CHAPTER 2OFTHECDY'S CODE OFORDINANCES ENTI TLEDADMNISTRATIONAND CITY GOVERNMENT:
BYAMENDNG SECTION 2 -7 ENTMED'ADMNISTMTIVE DEPARTMENT FUNCTIONS AND DUDES': TO INCLUDE SUBSECTION (E); PROHIBING
FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE ANDIUR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT
AGAINST THE CITY FROM SEDONG RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW.
AN ORDNANCE RELATING TO THE POSITION OF THE CRY MANAGER AMENDING THE CODE OF ORDINANCES CHAPTER 2. - AOMINGmmoN
AND CRY GOVERNMENT: SECTION 2-4.4. ENTITLED 'RESERVED - PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION.
AN ORDINANCE RELATING TO THE CRY'S CODE OF ORDINANCES. CREATING ARTICLE N, WHO ARTICLE SHALL BE BNmLED 'LOT
MAINTENANCE AND ABANDONED PROPERTY; OF CHAPTER 15. RELATING TO 'OFFENSES AND MISCELLANEOUS PROVISIONS': PROVIDING
FOR PINES, STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY: PROVIDING FOR NOTICE PROVISIONS
FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES: PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF
PROPERTY IS NOT BROUGHT INTO COMPLIANCE. PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS
TO REGISTER WITH THE CIF/ ON ANNUAL BASS TO ENSURE PROPER NOTICE OF VIOIATIONSICRATIONG TO ALL INTERESTED PERSONS.
liltsall�en:
A RESOLUTION RELATING TO A REOUFST FOR A VARIANCE FROM SECTION 204.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A
COMMERCIAL BUILDING TO REDUCE REWIRED PARTING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE
WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REGUMIED BY THE GRAPHIC REQUIREMENT N SECTION 20.4.4: ALL ON PROPERTY
WITHIN AN 'LO" LAW- RITEtSITY OFFICE USE DISTRICT LOCATED AT 5625 SW 68m STREET. SOUTH MIAMI, FLORIDA
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 211- 3.4(BN4Xb) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE'PUD -H' PLANNED UNIT DEVELOPMENT-
HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPRAL); AND PROVIDING AN EFFECTIVE DATE
/ Post Readi-
ANORDIWNCEADOFUNGTHEEVAllATIONANDAPPRASALREPORT( EAR) aASEDTWAMENDMENTSTOTHESOUTH MWACOMPREHENSFVE
PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES. AND POLICIES FOR THE FOLLOWING COMPR64BSK PLAN ELEMENTS: FUTURE
LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSBIVATION; RECREATION AND OPEN SPACE INTERGOVERNMENTAL
V
COORDINATION: AND CAPITA. IMPROVEMENTS.
For further information, please contact the Crty Clerk's Office at (305) 663 -6340.
ALL interested parties are invited to attend and will be heard.
Mara M. Melrendez, CIVIC
City Clerk
PmnbM M Fbrea Sb 286. 0105. Me CAY AereLy.debee Me"t Mal A apemn AecB bappal e,R dxbbn made A mu B=d.AI^l a Gems wY,A mDai
o.M'.mAmwncdemd nib mee5ry vAeeriq, M b N,. we need a marl M tin PaceeOVge...d M.ttb.utl, qcP ®. W—d Pamm maY coed to mwre OutawRadm
reard of Me waeediq. b made wAkA remN Ircfge.Oe bstlnonY ELM wHenm vpan Mud, Me aRte.l b b Ee Aaaed
LINCOLN GALLARDO
Lackland Air Force Base, San
Antonio. He is the son of
Myriam Alvarez of Key
Largo.
Air Force Airman Luis
Gonzalez recently graduated
from basic military training at
Lackland Air Force Base, San
Antonio. He is the son of
Yusimi Hernandez and Luis
Gonzalez of Miami -Dade
County and a 2006 graduate
of South Miami Senior High
School.
• COMPLETE LAWN AND TREE SERVICES
• LICENSED & INSURED TJO%
• COMMERCIAL & RESIDENTIAL IAti
HANKS
LAWN SERVICE, nac.
(305) 233 -9369
FREE ESTIMATES
V
CITY OF SOUTH MIAMI
NOTICE OF CITY COMMISSION WORKSHOP
NOTICE is hereby given that the City Commission of the City
of South Miami, Florida will hold a workshop relating to the
negotiation of a permanent loan in an amount not to exceed
$1,000,000 to repay the bridge loan of $1,000,000 which
was utilized by the City for the completion of certain road
improvements and construction of a public parking garage
located at S.W. 731 Street, Monday, March 30. 2009 from
7,00 - 8.00 p.m. in the City Commission Chambers, located at
6130 Sunset Drive, South Miami.
All interested parties are invited to attend.
Maria M. Menendez, CIVIC
City Clerk
City of South Miami