10-06-09 Item 14South Miami
P&AmedcaChy
I r
CITY OF SOUTH MIAMI lilt
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor& Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas Vageline, Director
Planning and Zoning Department
Date: October 6, 2009 Agenda Item No.:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING THE 2007 SOUTH MIAMI EVALUATION AND APPRAISAL
REPORT (EAR) BASED TEXT AMENDMENT DOCUMENT ADOPTED BY THE CITY
COMMISSION ON AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE LAND USE MAP
CATEGORY FOR THE SW 62 "d AVENUE CORRIDOR WHICH AMENDMENT WOULD BE
BASED UPON THE RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR
REPORT AND WOULD BE APPLICABLE ONLY TO THE SW 62nd AVENUE CORRIDOR;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND:
At the City Commission meeting on August 18, 2009 the Vice Mayor discussed the subject of preparing a
Comprehensive Plan Future Land Use Map Category for the SW 62 Ave. Corridor. There was general
agreement by the Commission and the item was referred to the Planning Board and the Planning and
Zoning Department. It was requested that the creation of the future land use category be implemented as
soon as possible.
It is important to note that production of a Future Land Use Category for the SW 62 Avenue Corridor was
not scheduled to be done as part of the initial EAR Based Text amendments currently pending before the
City Commission. In 2007 the Planning Director at the time decided that the Madison Square Future Land
Use Category was higher priority and was therefore included in the EAR Amendments. The SW 62
Corridor Future Land Use Category was scheduled to be done as an amendment at a later date. However,
it is possible that a Future Land Use category for the SW 62 Avenue Corridor could be completed and
made part of the current 2007 EAR Based Text Amendment document which is currently pending before
the City Commission.
SUMMARY OF PLANNING HISTORY: SW 62 AVENUE CORRIDOR
The planning history of development along this corridor has been the subject of many studies and reports
going back almost 25 years. In order to understand some of the issues facing the area, the following
summary history is provided.
2
(1) 1994- Hometown Plan Area 2 Plan. Recommendations for the SW 62 Ave. Corridor (aka Paul Tevis
Drive) were included in this plan which was developed using the citizen charrette process. A number of
streetscape design recommendations were made and it was proposed that "infill new Main Street"
buildings should be located on the west side of SW 62 Ave, (See attached Exhibit A pp. 24, 27).
(2) 1997- The EAR Amendments submitted to DCA and approved by the City implemented the 1994
recommendations by changing the future land use map category for the corridor from Neighborhood
Retail (Two Story) to a new category entitled Mixed Use Commercial /Residential (Four Story), also
created in 1997. The basic philosophy was to create mini downtowns in several neighborhoods. The new
land use category was applied to the SW 62 Ave. area, Madison Square, and the downtown. It requires
mixed use, allows 24 residential units per acre, four story height, and a 1.6 Floor -Area Ratio. The
underlying zoning district of "NR" Neighborhood Retail which has extreme limitations on development
was never removed or replaced. The liberal land use category and the very strict underlying zone is a
basic unresolved conflict which has resulted in on -going neighborhood concerns and no new development
in the corridor. (See Exhibit B, the 1997 EAR Amendment, ) (See Exhibit C, "Mixed Use Commercial
Residential -Four Story" Land Use Category, p. 23 Comprehensive Plan)
(3) 2002 and 2003- The City conducted a " Charrette" planning exercise for the S.W. 62nd Avenue
Corridor. The charrette was guided by a team of experts from the University of Miami, which issued a
very detailed report on recommendations and ideas coming from the charrette. The basic recommendation
of the Final Report was that S.W. 62nd Avenue, from SW 64`" Street to SW 70th Street should be
revitalized. The report recommended that the subject area become a mixed use area with buildings of two
to three stories. After additional meetings and a workshop there were no decisions made on the
development issues for the SW 62 Avenue Corridor. (See Exhibit D, Special Report on Charrette)
(4) 2006 —in the adopted 2006 evaluation and appraisal report the city commission set forth a specific
direction for the future land use category for the SW 62 Ave. Corridor (p. 12) as follows:
"Change mixed use commercial /residential to a category that allows for current or
existing uses plus mixed -use commercial /residential, offices, or townhomes (limited to
two stories) "
The City Commission action on the SW 62 Avenue Corridor occurred on January 5, 2006 at which
meeting the EAR report was adopted (see Exhibit E, excerpt of City Commission minutes, 1 -5 -06, pp. 5-
10). The future land use category proposed in this report implements the City Commission's
recommendation set forth at the January, 2006 meeting.
STAFF OBSERVATIONS
(1) The west side of SW 62 Avenue which is considered "the Corridor" consists of 21 lots and has a
total land area of 4.57 acres (199,000 square feet). A total of 2.71 acres (118,000 square feet)
remain vacant.
(2) There are six existing buildings with a total built floor area of 42,394 square feet. The existing
floor area ratios for the existing buildings range from 0.211 to 0.821 with an overall average of
0.524. The existing uses include a professional office building, a community newspaper
publishing building, a personal skills instruction studio, a food store and a real estate agency.
(3) It is important to note that the definition of a future land use category contained in F. S. Statute
3
163.3177 (6)(a) is as follows "Each future land use category must be defined in terms of uses
included and must include standards to be followed in the control and distribution of population
densities and building and structure intensities." It is standard practice to include more specific
uses and dimensional standards within a zoning use district which is applied to the same area as
the land use category.
(4) A new future land use map category for the SW 62 Avenue Corridor must reflect the current
development trends in the area and current economic considerations. There has been very little
new construction in the corridor area for over a decade. The 1990's concept of creating "main"
street type buildings or a mini - downtown for the SW 62 Avenue Corridor is no longer appropriate
at this time. This area must be thought of as a transition area because of its immediate adjacency to
single family homes abutting to the west. The current townhouse density of the City's RT -6
Zoning Use District, 6 units per acre, is suggested as an appropriate maximum density for
residential development along the corridor.
The future land use map category for the SW 62 Avenue Corridor is set forth below and is entitled
"Residential /Limited Commercial District (Two Story) ". The standards set forth are compatible with the
transitional character of the corridor and further recognizes that limited residentially oriented retail uses
and other services are acceptable. The current townhouse density of the City's RT -6 zoning Use District is
suggested as an appropriate maximum density for residential development along the corridor. The
proposed land use category encourages mixed use but it is not a requirement. Finally all existing buildings
and uses may remain, however, those which are not compatible with the adopted land use category or the
new zoning use district will become non - conforming.
RECOMMENDED FUTURE LAND USE CATEGORY
"Residential /Limited Commercial District (Two Story)
The Residential/Limited Commercial District (Two Story) future land use map category is intended to
allow for low - density residential development and limited commercial development in a transition area
abutting single family homes. The maximum height of all new construction shall be two stories.
Residential development shall be limited to townhouse development at a maximum of 6 units per acre.
Commercial development shall be limited to a maximum floor- area -ratio of 0.80 and shall include only
those retail and personal service (office) needs for the local neighborhood residential areas. The
specific type of retail and office uses shall be set forth in the appropriate zoning use district in the Land
Development Code. The Land Development Code shall provide for a mandatory no- construction buffer
/ landscape area and a required wall or fence at the rear of all properties facing or abutting single
family residential.
Mixed use development is encouraged. Existing buildings and uses which are not consistent with the
standards for this land use category or with standards for the zoning use district applied to this area
may continue to exist and function but shall be subiect to the non - conforming regulations set forth in
Land Development Code Section 20 -4.8.
H
PLANNING BOARD ACTION
The Planning Board at its September 29, 2009 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending adoption of the new Future Land Use Category for the SW 62 Avenue Corridor as set
forth above.
RECOMMENDATION:
It is recommended that the Future Land Use category as set forth above be approved on first reading.
Attachments:
Draft Ordinance
Location Map
Planning Board Minutes Excerpt 9 -29 -09
Planning and Zoning Dept. Staff Report 9 -29 -09
Exhibit A, Hometown Plan Area 2, pp. 24 -25
Exhibit B, 1997 EAR Amendment, pp. 7 -8
Exhibit C, "Mixed Use Commercial Residential -Four Story" Land Use Category, p.23 Comp. Plan
Exhibit D, Special Report on 2003 Charrette
Exhibit E, Excerpt minutes of City Commission, 1 -5 -06, pp.5 -10
Public Notices
TJV /SAY
X: \Comm Items\2009 \10 -6 -09 \EAR Amend New SW 62 FLUM CM Report.doc
f
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
5 MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
6 AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
7 AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
8 FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE
9 LAND USE MAP CATEGORY FOR THE SW 62nd AVENUE CORRIDOR
10 WHICH AMENDMENT WOULD BE BASED UPON THE
11 RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR
12 REPORT AND WOULD BE APPLICABLE ONLY TO THE SW 62 °d AVENUE
13 CORRIDOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN
14 CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, the Florida Legislature intends that local planning be a continuous
17 and ongoing process; and
18
19 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
20 periodically" assess the success or failure of the. adopted plan to adequately address
21 changing conditions and state policies and rules; and
22
23 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
24 adopt needed amendments to ensure that the plan provides appropriate policy guidance
25 for growth and development; and
26
27 WHEREAS, the City completed its proposed Evaluation and Appraisal Report
28 Based Textural Amendments consistent with the requirements of Chapter 163, Part II,
29 F.S., and Rule 9J -5 and 9J -11, F.A.C.; and
30
31 WHEREAS, the City Commission at -a special meeting on August 23, 2007
32 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
33 to the Comprehensive Plan, and adopted on first reading an ordinance approving the
34 Report and authorized its transmittal to the Florida Department of Community Affairs for
35 review and comment; and
36
37 WHEREAS, the Florida Department of Community Affairs in a communication
38 dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
39 (ORC) Report which report found that the EAR Comprehensive Plan amendments to be
40 consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida
41 Statutes; and
42
43 WHEREAS, the City of South Miami was required by Florida State Statute
44 Section 163.3191 to adopt by ordinance the final Evaluation and Appraisal Report Based
45 Text Amendments by May 18, 2008; and.
2
1 WHEREAS, the City Commission to date has not adopted the Evaluation and
2 Appraisal Report Based Text Amendments; and
3
4 WHEREAS, in order to expedite development activity it is proposed that a
5 revision to the Evaluation and Appraisal Report Based Text Amendments be made to
6 include a Future Land Use Map Category specifically for the SW 62 Avenue Corridor;
7 and
8
9 WHEREAS, the revised Future Land Use Map category for the SW 62 Avenue
10 Corridor entitled- "Residential /Limited Commercial District (Two Story)" incorporates
11 the same recommendations and standards for this area as set forth in the City's
12 Evaluation and Appraisal Report (p.12, Sub -Area 1) which was adopted by the City
13 Commission on January 5, 2006; and
14
15 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
16 September 29, 2009 after public hearing, adopted a motion by a vote of 5 ayes and 0
17 nays recommending that the Future Land Use Map category entitled "Residential /Limited
18 Commercial District (Two Story)" should be approved; and
19
20 WHEREAS, the City Commission desires to accept the recommendation of the
21 Local Planning Agency (Planning Board) and enact the aforesaid amendment.
22
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
24 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
25
26 Section 1. The City Commission hereby approves a Future Land Use Map
27 category entitled " "Residential /Limited Commercial District (Two Story) "" as set forth
28 below to be incorporated into the City of South Miami Comprehensive Plan Evaluation
29 and Appraisal Report (EAR) Based Text Amendments Document approved on first
30 reading on August 23, 2007.'
31
32 Section 2. The City of South Miami Comprehensive Plan Evaluation and
33 Appraisal Report (EAR) Based Text Amendments Document approved on first reading
34 on August 23, 2007 is hereby'amended to incorporate on p.17 the following:
35
s a
36 "Residential /Limited Commercial District (Two Story)
37
38 The Residential/Limited Commercial District (Two Story) future land use map category
39 is intended to allow for low - density residential development and limited commercial
40 development in a transition area abutting single family homes. The maximum height of
41 all new construction shall be two stories. Residential development shall be limited to
42 townhouse development at a maximum of 6 units per acre. Commercial development
43 shall be limited to a maximum floor- area -ratio of 0.80 and shall include only those
44 retail and personal service (office) needs for the local neighborhood residential areas.
45 The specific type of retail and office uses shall be set forth in the appropriate zoning
46 use district in the Land Development Code. The Land Development Code shall provide
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for a mandatory no- construction buffer / landscape area and a required wall or fence
at the rear of all properties facing or abutting single family residential.
Mixed use development is encouraged. Existing buildings and uses which are not
consistent with the standards, for this land use category or with standards for the
zoning use district applied to this area may continue to exist and function but shall be
subiect to the non- conforming regulations set forth in Land Development Code Section
20 -4.8.
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.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
1St Reading:
2nd Reading
X: \Comm Items\2009 \10- 6- 09\EAR Add New SW 62 Ave FLUM Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
I
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A . NEW FUTURE
LAND USE MAP CATEGORY FOR THE SW 62 n1 AVENUE CORRIDOR
WHICH- AMENDMENT WOULD BE BASED UPON THE
RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR
REPORT AND WOULD BE APPLICABLE ONLY TO THE SW 62 "d AVENUE
CORRIDOR; 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 II,
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
a
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 City. of South Miami was required by Florida State Statute
Section 163.3191 to adopt by ordinance the final Evaluation and Appraisal Report Based
Text Amendments by May 18, 2008; and
2
WHEREAS, the City Commission to date has not adopted the Evaluation and
Appraisal Report Based Text Amendments; and
WHEREAS, in order to expedite development activity it is proposed that a
revision to the Evaluation and Appraisal Report Based Text Amendments be made to
include a Future Land Use Map Category specifically for the SW 62 Avenue Corridor;
and
WHEREAS, the revised Future Land Use Map category for the SW 62 Avenue
Corridor entitled "Residential /Limited Commercial District (Two Story)" incorporates
the same recommendations and standards for this area as set forth. in the City's
Evaluation and Appraisal Report (p.12, Sub -Area 1) which was adopted by the City
Commission on January 5, 2006; and
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
September 29, 2009 after public hearing, adopted a motion by a vote of 5 ayes and 0
nays recommending that the Future Land Use Map category entitled "Residential/Limited
Commercial District (Two Story)" should be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency (Planning Board) and enact the aforesaid amendment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves a Future Land Use Map
category entitled " "Residential/Limited Commercial District (Two Story) "" as set forth
below to be incorporated into the City of South Miami Comprehensive Plan Evaluation
and Appraisal Report (EAR) Based Text Amendments Document approved on first
reading on August 23, 2007.
Section 2. The City of South Miami Comprehensive Plan Evaluation and
Appraisal Report (EAR) Based Text Amendments Document approved on first reading
on August 23, 2007 is hereby amended to incorporate on p.17 the following:
"Residential /Limited Commercial District (Two Story)
The ResidentiabEimited Commercial District (Two Story) future land use map category
is intended to allow for low - density residential development and limited commercial
development in a transition area abutting single family homes. The maximum height of
all new construction shall be two stories. Residential development shall be limited to
townhouse development at`a maximum of 6 units per acre. Commercial development
shall be limited to a maximum floor -area -ratio of 0.80 and shall include only those
retail and personal service (office) needs for the local neighborhood residential areas.
The specific type of retail and office uses shall be set forth in the appropriate zoning
use district in the Land Development Code. The Land Development Code shall provide
3
for a mandatory no- construction buffer / landscape area and a required wall or fence
at the rear of all properties facing or abutting single family residential.
Mixed use development is encouraged. Existing buildings and uses which are not
consistent with the standards for this land use category or with standards for the
zoning use district applied to this area may continue to exist and' function but shall be
subject to the non - conforming regulations set forth in Land Development Code Section
20 -4.8.
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
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
1 st Reading:
2nd Reading
X: \Comm Items\2009 \10- 6- 09\EAR Add New SW 62 Ave FLUM Ord.doc
COMMISSION VOTE:
Mayor Feliu:
4Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
0 500
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2001
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: September 29, 2009
Planning Board Members
From: Thomas J. Vageline, Director RE: EAR Based Text
Planning and Zoning Departm nP ; Amendment Future Land Use
Element: SW 62 Ave. Corridor
PB -09 -021
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH MIAMI
EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN FUTURE
LAND USE ELEMENT IN ORDER TO ,ADOPT A NEW FUTURE LAND USE
MAP CATEGORY FOR THE SW 6211' AVENUE CORRIDOR WHICH
AMENDMENT WOULD BE BASED UPON THE RECOMMENDATIONS
CONTAINED IN THE 2006 SOUTH MIAMI EAR REPORT AND WOULD BE
APPLICABLE ONLY TO THE SW 62nd AVENUE CORRIDOR; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND:
At the City Commission meeting on August 18, 2009 the Vice Mayor discussed the
subject of preparing a Comprehensive Plan Future Land Use Map Category for the SW
62 Ave. Corridor. There was general agreement by the Commission and the item was
referred to the Planning Board and the Planning and Zoning Department. It was requested
that the creation of the future land use category be implemented as soon as possible.
It is important to note that production of a Future Land Use Category for the SW 62
Avenue Corridor was not scheduled to be done as part of the initial EAR Based Text
amendments currently pending before the ,City Commission: In 2007 the Planning
Director at the time decided that the Madison Square Future Land Use Category was
higher priority and was therefore included in the EAR Amendments. The SW 62 Corridor
Future Land Use, Category was scheduled to be done as an amendment ,at a later date.
However, it is possible that a Future Land Use category for the SW 62 Avenue Corridor
could be completed and made part of the current 2007 EAR Based Text Amendment
document which is currently pending before the City Commission.
SUMMARY OF PLANNING HISTORY: SW 62 AVENUE CORRIDOR
The planning history of development along this corridor has been the subject of many
studies and reports going back almost 25 years. In order to understand some of the issues
facing the area, the following summary history is provided.
J
(1) 1994- Hometown Plan Area 2 Plan. Recommendations for the SW 62 Ave. Corridor
(aka Paul Tevis Drive) were included in this plan which was developed using the citizen
charrette process. A number of streetscape design recommendations were made and it
was proposed that "infill new Main Street" buildings should be located on the west side
of SW 62 Ave, (See attached Exhibit A pp. 24, 27).
(2) 1997- The EAR Amendments submitted to DCA and approved by the City
implemented the 1994 recommendations by changing the future land use map category
for the corridor from Neighborhood Retail (Two Story) to a new category entitled Mixed
Use Commercial /Residential (Four Story), also created in 1997. The basic philosophy
was to create mini downtowns in several neighborhoods. The new land use category was
applied to the SW 62 Ave. area, Madison Square, and the downtown. It requires mixed
use, allows 24 residential units per acre, four story height, and a 1.6 Floor -Area Ratio.
The underlying zoning district of "NR" Neighborhood Retail which has extreme
limitations on development was never removed or replaced. The liberal land use category
and the very strict underlying zone is a basic unresolved conflict which has resulted in
on -going neighborhood concerns and no new development in the corridor. (See Exhibit
B, the 1997 EAR Amendment, ) (See Exhibit C, "Mixed Use Commercial Residential -
Four Story" Land Use Category, p. 23 Comprehensive Plan)
(3) 2002 and 2003- The City conducted a " Charrette" planning exercise for the S.W. 62"d
Avenue Corridor. The charrette was guided by a team,of experts from the University' of
Miami, which issued a very detailed report on recommendations and ideas coming from
the charrette. The basic recommendation of the Final Report was that S.W. 62 "d Avenue,
from SW 64th Street to SW 701h Street should be revitalized. The report recommended
that the subject area become a mixed use area with buildings of two to three stories. After
additional meetings and a workshop there were no decisions made on the development
issues for the SW 62 Avenue Corridor. (See Exhibit D, Special Report on Charrette)
(4) 2006 —In the adopted 2006 Evaluation and Appraisal report the City Commission set
forth a specific direction for the future land use category for the SW 62 Ave. corridor (p.
12) as follows:
"Change mixed use commercial /residential to a category that allows
for current or existing uses plus mixed -use commercial /residential,
offices, or townhomes (limited to two stories)"
7
The City Commission action on the SW 62 Avenue Corridor occurred on January 5, 2006
at which meeting the EAR Report was adopted(See Exhibit E, Excerpt Minutes of City
Commission, 1 -5 -06, pp. 5 -10). The Future Land Use Category proposed in this report
implements the City Commission's recommendation set forth at the January, 2006
meeting. a
STAFF OBSERVATIONS
(1) The west side of SW 62 Avenue which is considered "the Corridor" consists of
21 lots and has a total land area of 4.57 acres (199,000 square feet). A total of
2.71 acres (118,000 square feet) remain vacant.
(2) There are six existing buildings with a total built floor area of 42,394 square feet.
The existing floor area ratios for the existing buildings range from 0.211 to 0.821
with an overall average of 0.524. The existing uses include a professional office
building, a community newspaper publishing building, a personal skills
instruction studio, a food store and a real estate agency.
(3) It is important to note that the definition of a future land use category contained
in F. S. Statute 163.3177 (6)(a) is as follows `Bach future land use category must
be defined in terms of uses included and must include standards to be followed in
the control and distribution of population densities and building and structure
intensities." It is standard practice to include more specific uses and dimensional
.standards within a zoning use district which is applied to the same area as the land
use category.
(4) A new future land use map category for the SW 62 Avenue Corridor must reflect
the current development trends in the area and current economic considerations.
There has been very little new construction in the corridor area for over a decade.
The 1990's concept of creating "main" street type buildings or a mini - downtown
for the SW 62 Avenue Corridor is no longer appropriate at this time. This area
must be thought of as a transition area because of its immediate adjacency to
single family homes abutting to the west. The current townhouse density of the
City's RT -6 Zoning Use District, 6 units per acre, is suggested as an appropriate
maximum density for residential development along the corridor.
The future land use map category for the SW 62 Avenue Corridor is set forth below and
is entitled "Residential / Limited Commercial District (Two Story) ". The standards set
forth are compatible with the transitional character of the corridor and further recognizes
that limited residentially oriented retail uses and other services are acceptable. The
current townhouse density of the City's RT -6 zoning Use District is suggested as an
appropriate maximum density for residential development along the corridor. The
proposed land use category encourages mixed use but it is not a requirement. Finally all
existing buildings and uses may remain, however, those which are not compatible with
the adopted land use category or the new zoning use district will become non-
3
conforming. The land use category would be limited in its application to the SW 62
Avenue Cgrridor only.
RECOMMENDED FUTURE LAND USE CATEGORY
"Residential/ Limited Commercial District (Two Story,
The Residential /Limited Commercial District(Two Story) future land use map cate oorLis
intended to allow for low - density residential development and limited commercial
development in a transition area abutting single family homes. The maximum height of
all new construction shall be two stories. Residential development shall be limited to
townhouse development at a maximum of 6 units per acre. Commercial development
shall be limited to a maximum floor- area -ratio of 0.80 and shall include only those retail
and personal service (office) needs for the local neighborhood residential areas. The
speci is type of retail and office uses shall be set forth in the appropriate zoning use
district in the Land Development Code. The Land Development Code shall provide or a
mandatory no- construction buffer /landscape area and a required wall or fence at the
rear of all properties_ facing SW 62 Avenue.
Mixed use development is encouraged. Existing buildings and uses which are not
consistent with the standards for this land use category or with standards for the zoning
use district applied to this area may continue to exist and function but shall be subject to
the non - conforming regulations set forth in Land Development Code Section 20 -4.8.
The application of the Residential / Limited Commercial District (Two Story Future
Land Use cateQOry is limited to all nroperties on the west side of SW 62 Avenue between
Iq
at
RECOMMENDATION:
It is recommended that the Future Land Use category as set forth above be recommended
for approval.
Attachments
Location Map
Exhibit A, Hometown Plan Area 2, pp. 24 -25
Exhibit B, 1997 EAR Amendment, pp. 7 -8
Exhibit C, "Mixed Use Commercial Residential -Four Story" Land Use Category, p.23 Comp. Plan
Exhibit D, Special Report on 2003 Charrette
Exhibit E, Excerpt Minutes of City Commission, 1 -5 -06, pp.5 -10
Public Notices
JP /SAY
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M
EXHIBIT 6699
Dover, Kohl & Partners, Urban Design
with
Judson & Partners
Holland & Knight
Peter M. 'Fernandez, PE
November 11, 1994
Apply traffic calming measures to intersections.
• Civic building sites should be permanently designated; churches should not
be considered non - conforming uses but rather treated by regulations as
permanent public institutions.
Benefits: The social and institutional center of the southern neighborhood will 1
be reinforced by its improved physical form and appearance. Safety for pedestrians
and sustainable economic opportunities will be enhanced. +
Lee Park Cooperative:
• Encourage the Cooperative to build office or retail additions to the sides of
i
buildings fronting 59th Place and 62nd Avenue. Separate entrances from those
streets should be key to the design. These could be locations for "incubator" or
®, "starter" businesses owned by Cooperative members.
• Encourage a change in color scheme for the complex.
Eventually, open a public pedestrian connection from SW 69th Street to SW
68th Street aligning with SW 61st Avenue. (This need not be implemented
during the early phases of neighborhood improvement.) j
• Across SW'69th Street, to the south, future infill development should yield
residential facing residential, i.e. rowhouses facing the Lee Park townhouses.
j Benefits: This proposal will allow for the successful Cooperative to broaden .
j its scope and exert business leadership; and provide job and equity- building
opportunities. Both Church Street and 62nd Avenue will have businesses facing
I
businesses in this area. (The residential Lee Park Cooperative is currently faced '^
across the street by businesses on both Church Street and 62nd Avenue.) f
! (r
,. ,. The eventual 61st Avenue pedestrian connection will give children to the south
j of Lee Park Cooperative direct access to Marshall Williamson Park without, having a
to walls on 62nd Avenue or 59th Place, streets with more automobile traffic.
Pagel Tevis Drive, (62nd Avenue):
j From Hardee Drive south to SW 70th Street.
! Reduce travel lanes from five lanes to two travel lanes and two parallel parking
i
lanes.
oI Widen the sidewalks and create a green strip for street trees.
i
•
Restore p arallel. parking.
i • Clearly mark'crosswalks with, signs, street pavers, and traffic. calming devices.
,I
i
1 24 I
j
• Infill new, "Main Street" buildings on vacant land along west. side. Land use's
should be flexible, but building form and position strictly regulated to prevent
"strip" development.
Benefits: Improved safety for schoolchildren and other pedestrians, expanded
business opportunities, and improved appearance. Traffic will move more
carefully, and parking will be convenient for businesses.
North of Harrlee Drive:
• Plant trees on both sides of the street.
• Create bike trail / pedestrian path on the western side of the street.
• Plant ficus repens or other landscape treatment to improve appearance of the
wall on the western side.
• , No road widening should be accepted for this important community street.
Benefits: Improved continuity of access and improved safety for pedestrians
and bicyclists. Improved appearance and energy efficiency.
Marshall Williamson Park:
• Reconfigure the shape to form a traditional urban park.
• Construct new buildings facing the park on the east and west.
• Remove the berms.
• Re- connect SW 68th Street.
• Straighten SW 61st Court.
• Construct a new street between the park and the public housing complex.
• Prepare southern end of reconfigured park as the site for a future civic
building.
Benefits: Removing the berms will make it easier for police and neighbors to
monitor goings -on in the park. The park will be safer when the fronts of houses
face it. By making the park rectangular in. shape with the street changes, the park
will no longer be a "leftover" between complexes and will have more usable public
space. A site becomes available for a civic building such as .the. multipurpose
community center.
Reconfigured Public Housing Complex:. .
• Phase out the existing "camp us-style "'or "projects" buildings and replace them
with traditional neighborhood housing.
27
AMENDMENT PACKAGE, 96 -2ER
(DCA No. 97 -1ER)
Prepared by the
Planning & Zoning Division
August 19, 1997
IIo tic HARRETTE TOO" FIXED -USE LAND USE AMENDMENT
REQUEST
As a result of the 1995 Evaluation & Appraisal Report, the Local Planning Agency recommends that
the City amend its Comprehensive Plan, in order to implement the 1995 Future Land Use Map
designation of Mixed -Use Commercial/Residential (Four -Story) for those properties identified as the
"Charrette Too" Area in the Hometown Too Charrette Study.
INTRODUCTI ®N AND SUMMARY
The purpose of this amendment is to change the 1995 Future Land Use Map designations on the
properties indicated in the Hometown Too Charrette Study and hereafter referred to as the Charrette
Too Area. The proposed Mixed -Use Commercial/Residential (Four -Story) land use designation
explained in the 1995 Evaluation & Appraisal Report is the mixed -use land category most appropriate
for this location.
The Hometown Too Charrette Study contains the following language under the section entitled
Specific Proposals regarding the subject area:
SW 70`h Street and SW 71' Street:
Continuing the pioneering effort of the Hotel Vila, infill the oversize parking lots
and vacant lots with new traditionally- scaled buildings. With the traffic rerouting
for north bound US 1 motorists, properties fronting 70' Street will gain more
visibility making redevelopment there more viable.
The blocks north of SW 70d' Street between SW 62 "d Avenue and SW 59"' Place
should have mixed -use buildings on their south half and residential buildings (i.e.,
rowhouses) on their north half, to best face the Lee Park Cooperative townhouse
complex.
Benefits: Economic development plus improved character and vitality.
Paul Tevis Drive (62 "d Avenue):
From Hardee Drive south to SW 70`' Street:
• Reduce travel lanes from five lanes to two travel lanes and two parallel parking
lanes.
• Widen the sidewalks and create a green strip for street trees.
• Restore parallel parking.
• Clearly mark crosswalks with signs, street pavers, and traffic calming devices.
• Infill new "Main Street" buildings on vacant land along west side. Land uses
should be flexible, but building form and position ztrictly regulated to prevent
"strip" development.
Benefits: Improved safety for schoolchildren and other pedestrians, expanded
business opportunities, and improved appearance. Traffic will move more carefully,
and parking will be convenient for business.
7
Language which specifies the exact nature of the proposed Mixed -Use Commercial/Residential
(Four -Story) land use designation and all proposed land use designations is included as part of the
EAR -Based Comprehensive Plan Language Amendment (XV). This language is intended to be
included in the Future Land Use Categories contained within the Future Land Use Element of the
Comprehensive Plan. Language for the Mixed -Use Commercial/Residential designation is intended
to apply to the "Madison Square" Amendment (I), "Charrette Too" Amendment (II), "Community
Center" Amendment (V), and the "Hometown District" Amendment (VI).
DATA AND ANALYSIS
Proposed Use Designation
The 1995 Future Land Use Map indicates the areas to be designated with the proposed land use
designation of Mixed -Use CommerciaUResidential (Four - Story). The Charrette Too Area is one of
four such amendments which include the "Madison Square" Amendment (I), the "Community
Center" Amendment (V), and the "Hometown District" Amendment (VI). The proposed Mixed -Use
Commercial/Residential land use designations is described as follows:
The Mixed- -Use Commercial/Residential land use category is intended to provide for different levels
of retail uses, office uses, retail and office services, and residential dwelling units with an emphasis on
mixed -use development that is characteristic of traditional downtowns. Permitted heights and
intensities shall be set forth in the Land Development Code. Regulations regarding the permitted
height, density, and intensity in zoning districts for areas designated as mixed -use
commercial /residential shall provide incentives for transit - oriented development and mixed -use
development. Zoning regulations shall reinforce "no widenings "policy set forth.in the Traffic
Circulation Element by encouraging use ofMetrorail system.
Adjacent Land Use Designations
Adjacent land uses are illustrated on the 1995 Future Land Use Map. The properties surrounding the
Charrette Too Area have the following. proposed land use designations on the 1995 Future Land Use
Map: Single Family Residential (Two- Story), Public Institutional Uses, Educational Uses, Multi -
Family Residential (Four- Story), Residential Office Uses (Two- Story), and TODD (4 +4).
Effected. Area
The subject area consists of existing commercial, public institutional, and residential properties. The
whole is legally described as follows:
Lots 1 -12, inclusive, Block 4, and all of Block 5, of the "Cocoplum Terrace Addition" Subdivision,
according to the plat thereof, as recorded in Plat Book 48 at Page 38, of the Public Records "of -Dade
County, Florida; and,
Lots 1 -6, inclusive, Block 3, Lots 1 -5, inclusive, and East 35 feet of the South 100 feet of Lot 6 and
the North 20 feet of the East 25 feet of Lot 6 and Lot 12 less the South 29.75 feet of the West 35 feet,
Block 4, of the "Cocoplum Terrace" Subdivision, according to the plat thereof, as recorded in Plat
Book 25 at Page 4, of the Public Records of Dade County, Florida; and,
Lots 1 -18, inclusive, Block 14, Lots 1 -25, inclusive, Block 15, of the "Townsite of Larkins"
Subdivision, according to the plat thereof, as recorded in Plat Book 2 at Page 105, of the Public
Records of Dade County, Florida; and,
Lots 1 -7, inclusive, Block 2, of the "Larkin Center" Subdivision, according to the plat thereof, as
recorded in Plat Book 27 at Page 67," of the Public Records of Dade County, Florida; and,
Commercial Retail and Office (Two - Story) EXHIBIT 66C99
The commercial retail and office land use category is intended to provlae for rcid,i anu ,. vices
office use and office services that are characteristic of commercial development Adopted zoning
regulations shall reinforce the "no widenings" policy as set forth in the Traffic Circulation Element by
encouraging the containment of development along existing State and County high- design roadway
facilities. (97 -lER)
Mixed -Use Commercial/Residential (Four - Story
The mixed -use commercial /residential land use category is intended to provide for different levels of
retail uses, office uses, retail and office services and residential dwelling units with an emphasis on
mixed -use development that is characteristic of traditional downtowns. Permitted heights and intensities
shall be set forth 'in the Land Development Code. Regulations regarding the permitted height density
and intensity in zoning districts for areas designated as mixed -use commercial /residential shall provide
incentives for transit - oriented development and mixed -use development. Zoning regulations shall
reinforce "no widenings" policy set forth in the Traffic Circulation Element by encouraging use of
Metrorail system. (97 -lER) Pursuant to the recommendation by the Department of Community
Affairs to include Floor Area Ratio (F.A.R.) in the Comprehensive Plan (as opposed to the
provisions in the Land Development Code) the City adopts a F.A.R. of 1.6 for this land use
category which is the existing F.A.R. in the Land Development Code for the corresponding
zoning district. In addition, the Citv adopts a maximum residential density of 24 units per acre In
order to ensure a mix of uses, the City requires that a minimum of two of the above uses must be
developed within this category . For residential projects at a minimum at least one floor must
allow retail. For retail projects, at a mimimum , at least one floor must contain residential or
office. For office projects, at a minimum. at least one floor must contain residential or retail (98-
1 ER
Transit- Oriented Development District [TODD] (Flexible Height up to 8 stories)
The Transit- Oriented Development District is intended to provide for the development of office uses
office services, office- related retail, retail, retail services and residential uses in multi -story and mixed -
use projects that are characteristic of transit - oriented developments Permitted heights and intensities
shall be set forth in the Land Development Code, including design standards. Zoning regulations shall
encourage development within the TODD in conjunction with limiting new development within the
Special Flood Hazard Area. The City shall pursue an incentives program for redevelopment including
flexible building heights and design standards to insure that responsible, effective and aesthetically_
pleasing projects result. (96 -lER)
Public and Semi p Institutional Uses (Four - Story)
The public and semi -Finis institutional land use category is intended to provide for up blic schools,
municipal facilities, utilities, ,and churches, temples. synagogues and similar uses. Areas designated
public and semi publio institutional should not be used for other purposes without an amendment to this
plan. Zoning regulations could permit public and institutional semi- publ+s uses on sites not so
designated by this plan. Seheols- ay=e - hereby - ; te-ne iflSti +"+ienS Of genOFal educ + f- -e
rb through b ucatioic or Svci-[ °o ."7 civ ofar}t1 &1-p 6i4l6n tnereef Building G-tb YYYn.7 �-J�nml�'rn- 1i'I[vnt
aver-age exGeed the b zoning case "• ""'
building e ead feu ,. �r;e. (97 -1ER)
b
Educational Uses (as a sub - category of the public institutional itses land use designation)
The "educational uses" land use sub - category is intended to provide for Dublic schools uses. Areas
designated as educational should not be used for other purposes without an amendment to.this plan.
Zoning regulations could permit public educational uses on sites not so designated by this plan Public
schools are herebv defined as public institutions of general education offering kindergarten through 12`"
grade education or some substantial portion thereof, and are owned and operated by the Dade County
Element 1
Cnd No. 12 -98 -1660. 8/4/98: DCA No. 98 -R i Page Number 23
I
EXHIBIT " D99
SPECIAL REPORT
THE SW 62n AVE. CORRIDOR CHARRETTE
(March, 2004)
What led to the initiation of a charrette special planning program_
During the period April — June, 2002 several events occurred which led to
a need to conduct a special planning process in order to determine the
future of the SW 62nd Ave corridor. The first was the submission'of a zone
map change application by a property owner on the west side of the
street. A four story mixed use commercial / residential building was
proposed. Based upon concerns of abutting neighbors and the need to
create a new zoning district for this area, the Planning Board, with the
consent of the applicant, deferred the application.
The City Administration decided that all of above issues were related and
an appeal was made to the University of Miami for urban planning
assistance. The University `s School of Architecture and UM Center for
Urban and Community Design agreed to provide at no cost to the City the
expertise necessary to produce a plan for area. The method suggested
was to implement a "charrette ", which is defined as a time concentrated
"neighborhood planning study" involving the participation of all the parties
(stakeholders) that could be affected by the final plan.
Charrette Recommendations and Issues .
The City, with the assistance of the University, conducted the "Charrette"
for the S.W. 62nd'Avenue Corridor on November 23, 2002. The goal of the
Charrette was "to define a community vision that enhances the S.W. 62nd
Avenue corridor and preserves the livability of the adjoining residential
neighborhoods." The major issues discussed included: allowable
building heights, size of buildings, design, allowable permitted uses,
buffering from adjacent residences, parking requirements, street width,
number of lanes, sidewalks and landscaping. In January, .2002 the
University of Miami issued a very detailed report on recommendations and
ideas coming from the charrette. The basic recommendation of the
Charrette Final Report was that S.W. 62nd Avenue Corridor from SW 64th
Street to SW 70th Street should be revitalized. The report also
recommended that the subject area become a mixed use area with
buildings of two to three stories.
In February a citizen's group issued a report which contained a number of
alternatives to recommendations in the University of Miami final report.
The major point of disagreement between the UM Report and the Citizen's
Report appears to be over the height that would be permitted for new
buildings. The Citizen's Report proposed all new buildings be limited to
two -story buildings. The Charrette report recommended. three stories at'
2
the front of properties facing 62nd Avenue and two stories towards the rear
of these properties. In addition, the Citizen's Report recommended a floor
area ratio (FAR), but the Charrette report allows the height and the
required parking to dictate the amount of floor space permitted.
FUTURE ACTIONS NEEDED TO IMPLEMENT THE CHARRETTE
RECOMMENDATIONS
• The Charrette Report was presented to the City Commission at a
February 28, 2004 City Commission Workshop meeting. At that time, the
Commission decided to conduct a follow -up workshop at which time City
staff will respond to questions and the Commission will discuss among
themselves what action to take.
• It is anticipated that the City Commission will then conduct a formal public
hearing on the Charrette report, after which the Commission may adopt
the report, adopt the report with certain modifications or reject the report.
• If the Charrette Report is adopted it becomes an official planning
document and will be used by City staff to prepare zoning regulations for
the -area and a list of capital improvement projects needed to carry out the
recommended street and landscaping changes.
• The City's Planning and Zoning Department staff is projecting that the
zoning regulations for the SW 62 Ave. Corridor may take the form of a
new zoning district classification, perhaps entitled" MU -L ", Mixed -Use
Limited . This new district would require a mix of office, retail, and /or
residential uses. The regulations would include the allowable building
heights, size, bulk and design of buildings, specific permitted uses,
required buffering from adjacent residences and parking requirements.
• The creation of the new zoning district (amends the Land Development
Code) and the placement of this zoning over the SW 62nd Ave. Corridor
(rezoning) will both be subject to full and complete public participation
through the Planning Board and City Commission public hearing process.
Nearby neighbors will be notified by mail of pertinent public hearings, and
the City will make every effort to publicize the necessary hearings through
all means available. In the. future, other areas of the City, such as the Bird.
Road commercial area, or the Community 'Redevelopment Area's
Madison Square project, could also be considered for rezoning to this
mixed -use zoning category.
• Additionally, the City will work with the Miami -Dade County Public Works
Department to explore the narrowing of 62nd Avenue between SW 64th
Street and SW 70th Street. The funding for this project, including new
C
3
sidewalks, landscaping, street trees, etc., could come from the newly
enacted half -penny sales tax for transportation.
• Hopefully, the end result could help to implement the vision of the
Charrette, enhance the SW 62nd Avenue corridor, and preserve the
livability of the adjoining residential neighborhoods.
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EXHIBIT" "E"
Mr. O'Donniley explained that this language has been in our
plan for the last nine years and staff feels that the existing
language is adequate.
Commissioner Sherar said to concur with Commissioner
Wiscombe. He said that he finds the standard to be much higher
in the SMHOA's recommendation language.
Commissioner Birts- Cooper said to agree with Commissioner
Wiscombe.
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar to accept the SMHOA recommendation, LU- 11, .page 148 in
the EAR Report.
Vice Mayor Palmer said that she would not vote for it
because in her opinion the language is too broad, specifically
referring to "deemed necessary" which may mean different things
to different people.
Commissioner Wiscombe said that if they do not allow that
language in there, there are certain little pocket areas in the
City that would be, automatically eliminated, not allowing the
Commission to deal with them later on. That is my only concern,
he explained.
Commissioner Sher,ar said that he.recognized the sanctity of
the residential area; however, he concurred with Commissioner
Wiscombe and with the SMHOA in the sense that there should be
some flexibility.
Mayor Russell also said to agree with the new wording.
With no further comments or discussion, the above motion
was approved by a 4-1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: 'Yea
Mayor Russell: Yea
ISSUE ID: Comprehensive Plan, page 21.
Mr. O'Donniley said that this is a Land Use Category that
staff strongly supports eliminating because there has been a
problem on three different circumstances that are markedly
SPECIAL CITY COMMISSION rJ
MINUTES - January 5, 2006
different. This is a category that is applied to downtown; it is
also applied to Madison Square, and to'62nd Avenue.
Commissioner Sherar then suggested adding a language to
eliminate the category. He then suggested deferring this item to
the end.
Vice Mayor Palmer said that this item did not make any
sense to her. For one thing, there is no EAR recommendation, she
added.
Mr. O'Doniniley said that essentially the commercial retail
office and multi- family residential designation is suggested to
be replaced in all instances in the EAR document; so, it is not
a single recommendation; it is in several different places, and
the Planning Board recommends eliminating .that land use category
because its application; varies from area to area. One area is
downtown, where we think that the correct designation would be
the Hometown Plan. Another one is 62nd Avenue, which the
Commission would be discussing as a separate item; and the third
is Madison Square, which is subject to an adopted redevelopment
_plan. Mr. O'Donniley further clarified that this language
applies to areas which are already zoned to permit four stories;
therefore, we would have a direct contradiction between the
Future Land Use language and the existing zoning.
With no further comments or discussion,, this item was
deferred to the end.
ISSUE ID: Area 1
Mr. O'Donniley explained that Area 1 is 62nd Avenue; it is
currently designated Mixed Use Commercial /Residential. The
suggestion is to create something that will allow for a PUD.
Mayor Russell referred to the recommendations from. the
SMHOA and the Planning Board, adding that the two -story limit is
a must, residential office or townhouse makes sense, and either
of those things in a PUD setting could take care of the
development and get peace of mind once and for all.
Commissioner Sherar said that this is ,a very small area for
a PUD.
Mr. O'Donniley said that with ,a PUD you can have an
agreement between owners to work when they have individual
properties. And there are other aspects of PUD besides
consolidating the use; i.e. limiting points of access, requiring
special transition buffering features, and things of that
SPECIAL CITY COMMISSION 6
MINUTES - January 5; 2006
nature. He explained that we are not zoning here, we are just
trying to develop a concept.
Mayor Russell said that she supports the two -story limit,
mixed use and rear setback, with the opportunity for a PUD on a
small parcel. That gives us an opportunity for the DCA to look
at it and see if we can finally get rid of the combination of
zoning on that street and do individual R0, or the PUD where we
have an option to do townhouses.
Moved by Commissioner Sherar to adopt what the Mayor
recommended, except for the PUD.
Mr. O'Donniley urged not to take the PUD out because the
advantage of the PUD is that the Commission makes the decision
about what actually goes in: Without the PUD, the decision will
be made administratively.
Mayor Russell said that this i,s exactly why she wants the
PUD in there..
Commissioner Wiscombe said that he wants it to come to the
Commission for the fact that they should have input from the
citizens in regards to what they want to see in there. We need
that safeguard in there, he added.
Mayor -Russell reiterated that by leaving the PUD out, they
will never see again coming before the Commission what could
happen"on that strip.
Commissioner Birts- Cooper asked as to how the PUD would
impact the newspaper building.
Mr. O'Donniley explained that with or without the PUD the
building would still be non - conforming unless we recommend a
zone change to incorporate that use.
Commissioner Birts- Cooper then said that she would like to
recommend a zone change to take care of that use.
Mr. O'Donniley said that the greater danger would be if the
building (Community Newspaper) were to be destroyed by fire or
natural causes in which case it could not be rebuilt, and we
have anticipated that the PUD could address that use as.well'.
Commissioner Sherar said that he did not wish to wait for
the PUD and that the building has been there.for a long time and
that it needs to become conforming.
SPECIAL CITY COMMISSION 7
MINUTES - January 5, 2006
Vice Mayor Palmer said that she would not support a PUD in
no shape. or form. She said that she would support the
recommendation by the SMHOA and the Planning Board, and
suggested the combination of both languages. She then asked for
clarification of the mixed use in terms of the existing use.
Mr. O'Donniley said that we do not have a zoning category
that would accommodate the building at this point. We would have
to create one. It either has to be a base -zone district, or a
zoning requirement such as a PUD. The difference between the two
is that if it is a base -zone district, once you apply the base -
zone districti'the Commission will not be reviewing any proposed
developments; on the other hand, if it is a PUD, it has to come
back to this body for approval, and the Commission gets an
opportunity to conduct public hearings and review them in a
public forum.
Vice Mayor Palmer asked whether in a non - conforming
situation such as this, you can come before this board and make
an application for a change.
Mr. O'Donniley replied that you can; the problem is that
right now we do not have a zone district that would accommodate
that use. We would have to create one in some fashion.
Commissioner Wiscombe then asked as to how we would go
about creating a zone district.
Mr. O'Donniley said that it would be a light manufacturing
activity. We have an industrial zone that is too heavy, he said,
and we have a commercial zone which does not encompass light
manufacturing; so we do not have the tool in our `arsenal.'
To continue answering Commissioner Wiscombe's question, Mr.
O'Donniley explained that the Commission may choose which
,approach they want. Either creating a base -zone district or they
might want to look at it when the proposal is before them. A PUD
would give you the opportunity to review it when is before the
Commission.
Commissioner Wiscombe said that he does not'mind what is
there now. The problem is putting the light industrial for the
whole strip; then we got a problem there too.
Mr. O'Donniley for clarification said that the SMHOA did
not object to the 'PUD approach, but they did not have a'strong
feeling either way.
Commissioner Sherar made a motion at this time for the
following language: that for Area 1. we create a new zoning
SPECIAL CITY COMMISSION 8
MINUTES - January 5, 2006
district that allows for-current or existing uses plus mined use
residential /commercial,, offices or townhoues, and future land
use designation; with buildings- limited to two stories and
appropriate rear setbacks to protect the residential area.
Commissioner Wiscombe'seconded this motion.
Mayor Russell said that the proposed and seconded motion
includes the future land.use designation, or light manufacturing
which was previously explained by Mr. O'Donniley. By allowing
that designation on that. street, in theory, it is possible that
the entire strip could become light manufacturing.
Mr. O'Donniley explained that the designation is something
that we need to develop after the transmittal. It would not
necessarily have to be all "designated as light manufacturing. It
could be designated as townhouse /office /light manufacturing,
limited to two stories with an FAR. He again reiterated that we
are not creating anything; we are just creating the concept to
get approval from DCA to study how to develop that; and then, it
will have to come back to the Planning Board and to the City
Commission for final adoption," which of course would include
public hearings. The details of the developments, however, would
not be reviewed by the City Commission. However, through the PUD
process, the Commission could look at additional buffer, access
points, or the exact design of the units. Otherwise, it will go
to the review board in the future and will not come before the
Commission and will not go through public hearing. The base
zoning that has been suggested as an alternative, accomplishes a
lot of that, but it does not leave any remaining public input
mechanism.
Vice Mayor Palmer asked whether the light "manufacturing
designation may be strictly applied to the existing building.
Mr. O'Donniley said that it would probably be,difficult
without the PUD, because we would be treating 'differently, one
property owner adjacent to the ,other without any basis of
distinction.
Commissioner Wiscombe asked whether only one business can
be grandfathered in., not allowing anything else of that nature
to come in.
Mr. O'Donniley said that this would be giving the
particular business legal status to be there. He then explained
that the legal status could be achieved through the PUD process,
if it were to be in place.
At this time Mayor Russell called the question and repeated
the above motion. Commissioner Wiscombe added that this is the
SPECIAL CITY COMMISSION 9
MINUTES - January 'S, 2006
combination that the homeowners asked for, and this does not
include the PUD.
Vice Mayor Palmer asked Mr. Figueredo to help her with the
language to put her wishes together. She said that we are going
to maintain two stories; we are, going to allow existing
businesses to continue operating on conforming status, and not
.allowing anybody else.
Mr. Figueredo said that his immediate reaction is that
there is no legal mechanism to do what she is asking because
that would require the City to act in an arbitrary manner. When
a zoning district is created, and everybody has the same zoning,
you cannot arbitrarily say, parcel A gets to continue to do it,
but parcel B doesn't. The way you get there is with the PUD,
because that requires that they come before this body and you
get to approve the type of development.
Mayor Russell said that she would disagree with the motion
based on the inclusion of commercial and the request for a
future land use designation, and also for the lack of a PUD.
With no further discussion or comments, the motion to
approve the above motion passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: , Nay
ISSUE ID: Area 2
After the presentation. by Mr. O'Donniley, the Commission
began the discussion.
Commissioner Sherar said that this is calling for a very
intensive use in the middle of a residential area. He'said that
he would be proposing the same language that was adopted for
Area 1, with the inclusion of a Cultural Mixed Use Land Use
District, and a two -story limit.
Vice Mayor Palmer asked whether the Cultural Mixed Use is a
new district.
Mr. O'Donniley said that this came about as the result of
the input that the City received from the surveys that were sent
to the residents last year.
SPECIAL CITY COMMISSION 10
MINUTES - January 5, 2006
CITY OF SOUTH MIAMI
PLANNING BOARD
DRAFT Action Summary Minutes
Tuesday, September 29, 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 8:00 p.m.
The Pledge of Allegiance was recited in unison.
11 .D 1
AIL
II. Roll Call
Action: Chairperson, Mr. Morton requested a roll call. Board members present constituting
a quorum:
Present: Mr. Cruz, Ms. Young, Mr. Morton, Ms. Yates, Mr. Whitman and Mr. Farfan
(came in late).
Absent: Mr. Comendeiro
City staff present: Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Maria Stout -Tate (Administrative Assistant II), Lourdes
Cabrera - Hernandez (Principal Planner), Mark Goldstein, Interim Assistant City Attorney.
III. Administrative Matters:
IV. Planning Board Applications/Public Hearings.
PB -09 -021
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH MIAMI EVALUATION AND
APPRAISAL REPORT (EAR) BASED TEXT AMENDMENT DOCUMENT ADOPTED BY
THE CITY COMMISSION ON AUGUST 23, 2007, BY AMENDING THE
COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A
NEW FUTURE LAND USE MAP CATEGORY FOR THE SW 62nd AVENUE CORRIDOR
WHICH AMENDMENT WOULD BE BASED UPON THE RECOMMENDATIONS
CONTAINED IN THE 2006 SOUTH MIAMI EAR REPORT AND WOULD BE
APPLICABLE ONLY TO THE SW 62nd AVENUE CORRIDOR; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Whittman read into the record.
Planning Board Meeting
September 29, 2009
Page 2 of 7
Discussion:
Mr. Youkilis stated that this item comes from the City Commission to create a land use category
that is appropriate for the 62 Avenue Corridor. At the City Commission meeting on August 18,
2009 the Vice Mayor discussed the subject of preparing a Comprehensive Plan Future Land Use
Map Category for the SW 62 Ave. Corridor. There was general agreement by the Commission and
the item was referred to the Planning Board and the Planning and Zoning Department. It was
requested that the creation of the future land use category be implemented as soon as possible.
Mr. Youkilis went on to say that it is important to note that production of a Future Land Use
Category for the SW 62 Avenue Corridor was not scheduled to be done as part of the initial EAR
Based Text amendments currently pending before the City Commission. In 2007 the Planning
Director at the time decided that the Madison Square Future Land Use Category was higher priority
and was therefore included in the EAR Amendments. The SW 62 Corridor Future Land Use
Category was scheduled to be done as an amendment at a later date. However, it is possible that a
Future Land Use category for the SW 62 Avenue Corridor could be completed and made part of the
current 2007 EAR Based Text Amendment document which is currently pending before the City
Commission.
Mr. Youkilis gave a brief history of the development along this corridor that had been the subject of
many studies and reports going back almost 25 years. In order to understand some of the issues
facing the area, Mr. Youkilis stated t the following summary history as listed below:
(1) 1994- Hometown Plan Area 2 Plan. Recommendations for the SW 62 Ave. Corridor (aka Paul
Tevis Drive) were included in this plan which was developed using the citizen Charrette process. A
number of streetscape design recommendations were made and it was proposed that "infill new
Main Street" buildings should be located on the west side of SW 62 Ave.
(2) 1997- The EAR Amendments submitted to DCA and approved by the City implemented the
1994 recommendations by changing the future land use map category for the corridor from
Neighborhood Retail (Two Story) to a new category entitled Mixed Use Commercial /Residential
(Four Story), also created in 1997. The basic philosophy was to create mini downtowns in several
neighborhoods. The new land use category was applied to the SW 62 Ave. area, Madison Square,
and the downtown. It requires mixed use, allows 24 residential units per acre, four story height, and
a 1.6 Floor -Area Ratio. The underlying zoning district of "NR" Neighborhood Retail which has
extreme limitations on development was never removed or replaced. The liberal land use category
and the very strict underlying zone is a basic unresolved conflict which has resulted in on -going
neighborhood concerns and no new development in the corridor.
(3) 2002 and 2003 -The City conducted a " Charrette" planning exercise for the .S.W. 62nd Avenue
Corridor. The Charrette recommended that the subject area become a mixed use area with
buildings of two to three stories. After additional meetings and a workshop there were no decisions
made on the development issues for the SW 62 Avenue Corridor.
Planning Board Meeting
September 29, 2009
Page 3 of 7
(4) 2006 —In the adopted 2006 Evaluation and Appraisal report the City Commission set forth a
specific direction for the future land use category for the SW 62 Ave. corridor (p. 12) as follows:
"Change mixed use commercial /residential to a category that allows for current
or existing uses plus mixed -use commercial /residential, offices, or townhomes
(limited to two stories)"
Mr. Youkilis stated that the City Commission action on the SW 62 Avenue Corridor occurred on.
January 5, 2006 at which meeting the EAR Report was adopted. The Future Land Use Category
being proposed in this report implements the City Commission's recommendation set forth at the
January, 2006 meeting.
Mr. Youkilis stated that a new future land use map category for the SW 62 Avenue Corridor must
reflect the current development trends in the area and current economic considerations. There has
been very little new construction in the corridor area for over a decade. The 1990's concept of
creating "main" street type buildings or a mini - downtown for the SW 62 Avenue Corridor is no
longer appropriate at this time. This area must be thought of as a transition area because of its
immediate adjacency to single family homes abutting to the west. The current townhouse density of
the City's RT -6 Zoning Use District, 6 units per acre, is suggested as an appropriate maximum
density for residential development along the corridor.
Mr. Youkilis went on to say that the future land use map category for the SW 62 Avenue Corridor
is set forth below and is entitled "Residential / Limited Commercial District (Two Story) ". The
standards set forth are compatible with the transitional character of the. corridor and further
recognizes that limited residentially oriented retail uses and other services are acceptable. The
current townhouse density of the City's RT -6 zoning Use District is suggested as an appropriate
maximum density for residential development along the corridor. The proposed land use category
encourages mixed use but it is not a requirement. Finally all existing buildings and uses may
remain, however, those which are not compatible with the adopted land use category or the new
zoning use district will become non - conforming. The land use category would be limited in its
application to the SW 62 Avenue Corridor only.
Mr. Youkilis stated that the following language was being recommended: "Residential / Limited
Commercial District (Two Story) The Residential /Limited Commercial District(Two Story) future
land use map category is intended to allow for low - density reside_ ntial development and limited
commercial development in a transition area abutting single family homes. The maximum height of
all new construction shall be two stories. Residential development shall be limited to townhouse
development at a maximum of 6 units per acre Commercial development shall be limited to a
maximum floor -area -ratio of 0.80 and shall include only those retail and personal service (office)
needs for the local neighborhood residential areas. The specific type of retail and office uses shall
be set forth in the appropriate zoning use district in the Land Development Code. The Land
Development Code shall provide for a mandatory no- construction buffer / landscape area and a
required wall or fence at the rear of all properties facing SW 62 Avenue.
Mixed use development is encouraged Existing buildings and uses which are not consistent with
the standards for this land use category or with standards for the zoning use district applied to this
Planning Board Meeting
September 29, 2009
Page 4 of 7
area may continue to exist and function but shall be subiect to the non-conforming regulations set
forth in Land Development Code Section 20 -4.8.
The application of the Residential / Limited Commercial. District (Two Story) Future Land Use
category is limited to all nronerties on the west side of SW 62 Avenue between SW 80 Street and
Mr. Youkilis ended his presentation by recommending that the Future Land Use category as set
forth above be approved.
Mr. Morton inquired if on page 4 the last line was incorrect and it should read SW 70 and SW 64
Street. Mr. Youkilis stated that that was correct and that it should be revised to read SW 64 Street
and SW 70 Street.
Mr. Morton opened the public hearing.
Opened /Closed Public Hearing
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
Christopher Cooke - Yarborough 6802 SW 64 Ave. Supports
Mr. Yarborough stated that he has lived in this area since 1982 and that the area which is being
spoken of has been a waste land and this avenue is an avenue to no- where; it was widened for no
good reason. He went on to say that some businesses that are located on the avenue would
probably not be located in this area if they applied for permits today. Mr. Yarborough went on to
say that this area should be kept as residential. Limit the development and keep it aftwo stories.
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
Mr. David Tucker 6550 SW 78 Terrace Supports
Mr. Tucker stated that the land should be capitalized as to what should be permitted in this area.
Mr. Tucker went on to say that he was impressed with the alley which divides the residential and
land that has some commercial business on the properties. He wanted the Board to keep in mind
that the residential area was very important and that the condition of two stories should be honored.
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
Dr. Alex Zachariah Not given Opposes
Dr. Zachariah was not in support of this item. He went on to say that he owns the properties which
the Board was reviewing. He stated that when he purchased the land that the houses located on the
properties had to be demolished due to various issues. Dr. Zachariah when on to state that this area
is perfect for commercial use due to the fact, that in the west side of the City, this is the only part
that has not been developed. The east side is packed with business. This land gives us an
opportunity to develop it complimenting what is already located in the area. The commercial
property on SW 62 Avenue has a buffer, and is not infringing on the neighbors. Dr. Zachariah went
on to state what other buildings were located in the area with various descriptions. He continued
that property owners also have rights and that the City must not infringe on owner's rights. He
stated that commercial owners pay taxes, mortgages and loans to keep up the properties and assist
Planning Board Meeting
September 29, 2009
Page 5 of 7
residential owners by keeping down their taxes. He concluded by saying that if the rights of the
commercial owners would be infringed, then we will have our lawyers step in.
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
Donna Fries 6601 SW 62 Court Supports
Mr. Fries stated that Dr. Zachariah was incorrect in the history of the houses that were on the
property which he purchased in the past. Ms. Fries stated that there is no buffer between the
properties that Dr. Zachariah owns and that of the residents, unless he keeps his properties as green
zones. The SW 62 Avenue area is a corridor for not only the residents but also the children that use
the alley way to walk to and from school due to traffic, and the commercial use that is already
present. Ms. Fries finished her statement by saying that she hoped the Board would keep this area
as a two story and bring it to a residential land use again as stated before.
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
Jorge Milian 6531 SW 62 Court Supports
Mr. Milian stated to the Board that he would like to keep this area as residential. He stated that a
four story building would infringe on his property by bringing down the value of his home. He went
on to say that a residential neighborhood is some place where you would like to live. He had a
question about the alley way. Does the alley way get demolished? Mr. Milian went on to say that
if he is allowed to build a two story house then the commercial area should also be allowed to build
a two story building, but don't put something else up that would overtake the surrounding
residential areas. He did say that there are other locations in South Miami that could support more
than two story commercial buildings.
Mr. Morton asked if staff knew what would happen to the alley way, if anything. Mr. Youkilis
answered that the land use category covers the land and that the alley isn't part of the amendment.
Ms. Young inquired if the alley way would stay. Mr. Youkilis stated that the Land Use Category
would be applied over private property, but the alley is public property and that it is considered like
a street.
Mr. Yarborough stated that the alley is from SW 68 Street to SW 64 Street, but from SW 68 Street
to SW 70 Street there is.no alley way. Dr. Zachariah got up and clarified what the buffer area would
be. Mr. Whitman interjected that the property is not owned by Dr. Zachariah. Dr. Zachariah stated
that he did own the properties. Ms. Lourdes Cabrera - Hernandez interjected to show Mr. Whittman
the area which Dr. Zachariah was speaking of between SW 68 to SW 70; (6240 SW 69 Street)
which is not a part of what the Board is looking at. This property is zoned RS 3. Dr. Zachariah
stated that the alley way faces only some of the lots and the others do not have an alley.
NAME: ADDRESS SUPPORT /OPPOSE
Court Norris 6912 SW 62 Court Supports
Mr. Norris stated that if the Board would like to meet with him in the morning he could show the
Board what is really going on in the area. He talked about the garbage that is in the swale and the
parking which ends up in the swale area. He went on to say that he was concerned that the parking
would encroach into the residential area.
Planning Board Meeting
September 29, 2009
Page 6 of 7
NAME: ADDRESS SUPPORT /OPPOSE
Bob Welch 7437 SW 64 Court Supports
Mr. Welch asked what is the zoning for the property located at 6230 SW 69 Street. Mr. Whitman
stated that the zoning is part RS -3. Mr. Welch asked should the lot have commercial zoning as part
of the amendment to the EAR. Mr. Youkilis stated that the lot is split down the middle; 2./3
residential & 1/3 commercial. Mr. Welch stated that he would like to keep the 1/3 of it for
commercial only and nothing else. Mr. Welch stated that he would not like to see any more
commercial use to come into this area, but would like to see low impact offices if commercial use
has to come in on the first floors.
NAME: ADDRESS SUPPORT /OPPOSE
David Landon 6926 SW 62 Court Supports
Mr. Landon stated that he has lived 35 years in this City. He went on to say that it used to be more
residential than it is now. He feels that a creation of commercial property is not necessary.
NAME: ADDRESS SUPPORT /OPPOSE
Ms. Beth Schwartz 6430 SW 62 Court Supports
Ms. Schwartz stated that there are enough available commercial properties in the area. She went on
to say that the residents in the area did not want to have more "commercial sprawl." She stated that
the residents would like to keep it residential. If you had to put commercial in the area, then please
keep it low impact. Don't bring in food or commercial industry that keeps the neighbors up at night.
She went on to say that the residents want to keep the two stories only or residential office uses
with "green" levels. Ms. Schwartz wanted the Board to know that residential is what everyone in
the area wanted and she provided a variety of letters.
NAME: ADDRESS SUPPORT /OPPOSE
Gary Hebert 7000 SW 64 Court Supports
Mr. Hebert has stated that he has worked with Ms. Schwartz on this issue for several years. The
residents only want the area to be residential and if commercial needs to enter the area, then keep at
two stories. It has always been two stories. Mr. Hebert inquired why Dr. Zachariah is saying that
the land he purchased was commercial property. And why does he feel that it can be used as a
buffer zone? Mr. Hebert went on to say that it has never been a buffer zone just a commercial
area.
Mr. Morton closed the public hearing.
Mr. Youkilis stated that 6230 SW 69 Street should be taken out from the verbal description of the
area. Mr. Whitman inquired as to why does the City want to restrict this land use category to just
this area? This category might apply to another part of the City. Mr. Youkilis stated that staff would
not object if the last paragraph out on page 4 is removed; and rewrite the last line on the first
paragraph to read "facing or abutting single family residential."
Planning Board Meeting
September 29, 2009
Page 7 of 7
Mr. Whitman inquired with the Interim Assistant City Attorney about making motions. Mr.
Goldstein stated that the best approach is that you make a specific motion to amend a specific
sentence, and then make a motion on the entire section.
Motion: Mr. Whitman made a motion to amend the proposed land use category by striking out the
words "SW 62 Avenue ", and replacing them with facing "or abutting single family residential "; and
also striking out the entire last paragraph. Seconded by Mr. Cruz.
Vote: 5 ayes, 0 nayes.
Motion: Motion to approve the entire land use category, as amended, was made by Mr. Whitman
and second by Mr. Farfan.
Vote: 5 ayes, 0 nayes
Motion was adopted and passed.
TJV /SAY
Z: \PB \PB Minutes\2009 Mintues \9- 9- 09\Planning Board 9 -29 -09 Minutes Saved. doe /Excerpt
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, 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 attached copy of advertisement,
being a Legal Advertiselfient of notice in the platter or
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR OCTOBER 6, 2009
in the XXXX Court,
was published in said newspaper in the issues of
09/25/2009
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 thi dverttsem r publication in the said
newspaper.
Sworn to and subscribed before me this
25 day o SEPTEMBER D. 2009
� Li >ZLI�i
(SEAL)
O.V. FERBEYRE personally known to me
+N"Y `"s Notary Public State of Florida
Veronica Perez
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f or v Expires 09 /03!2012
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NOTICE IS HERE$Y given-that the City Commission of the City of South
Miami, ,Florida win ,,00nduci,; Public+s °Hearings'^at " its, -regular�-City
Commission i, )b iing,;,sctieduQ; for T66 day; • October } 6;!:2009
beginning „at 7:30 p.m. .tn.ttie City;Commission Chambers, 6130 Sunset
Drive,lto( onsiderthefollowingit
Pf4 fo."d the 10.1G
4;.
First Reading .`�`t'" ='^
ORDINANCE';OF THE.MAYOWAND,GITY. COMMISSION
OF THE CITY OF,SOUTH.MIAMI,- FLORIDA;* AMENDING THE
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(EAR),BASED TEXT ,t'AMENDMENTx,ADOCUMENT,FADOPTED
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,,' "AMENDMENT, TOE il - -AND�DEVELOFMENTa CODE' BY � 1tt:
�,MODIFYING 6'ECTipD 20- ;4:4(1),AND)_REMOVING SECTION t
20=4 4(M).ENTITL'EbVALET PAFIKING PERMITS IN ORDER O n
TO, PLACE,THE SAME4ROVISION$d.IN,SECTION05(C) OFi n
THE SOUTH;MIAMICODE.OF10RDINANCES , t PROVIDING
t ; ^'F.OR SEVERABILITY „rPJ30VIDING FOR`, ORDINANCES IN'4j„'
w CONFLICT; AWD PROVIDING AN EFFECTIVE,)ATE P.
a n� +_�
AN,ORDINANCE�OEgTHE MAYOWAND�CITN�COMMISSION *?
OF THE Cl1NOF�SOUTH MIAW FLORIDA, RELATING TO AN! • 7::
. AMENDMEW_,T,O THE- SOUTH,MIAMI•CODE OF.ORDINANC 1
"ES R6�-AUDING,i•NEYY =S'EC iblsl,�15(C)�TO BE ENTITLED.:
L�NALE7„ PARKING k`'PERMITSj - OR),,USE,�OF, iPUBLIC:...+
., BROFERTY,, IN ;ORDERITO.PLACE:THE:PROVISIONS OF,
PREVIOUS LAND DEV LO115MENT.CODE SECTION 20=4.4(M)
INTO&THEI'CODE (:)p4ORDINANCES `AND;'FURTHER'4TO+:
,INCREASE1 "` THE:; FEESr�CHARGEDf 'F,OR:;RENTAL'riOF.i i
�ON_ST. REST; CURBSIDE,SPACtS;;P -ROVIDING_FOR SEVER
ABILITY; PROVIDING FOR ORDINANCES.IN CONFLICT; AND. ti'
PROVIDING�AN 'EFFECTJVE.DATEii,,,i
y i% ::r , �1;i ?� s 'is for • c` 3 `rs e~ i 01
ALL interested parties are mvitedaoattend and will be hearda•' )
: =43f ts'.l4t ^<it.t . `i? (ct!
_.
For, further 4infonnation;:, please? contactithek
City- ,Clerk's Office'atr
305 - 663 =6340.
• ;�z':, ;.1L".:c,�'+t)'�•.�5�'! - `r,.Y��;.••s Iris +,i':? .27 ss':: ?F4`� is= ^.. ^`r/
`.� t, ,,P. y ntf;} tittMariaM.Menendez CMC. ,.
.t�' r` iii7' r?•. ��j :��3{%�''L: {vin"i..�ij,ytfl �4:y -. t...ti,?:IiA 1:5��i(;'fl
Pursuant to Florida Statutes, 286.0105,:the City;hereby!:advises',the,
public that if a•person decides. to�appeat.:any,dedsion;made,by; this
Board; Agency or•Commission-with'respect to any, rnatter.considered at j
its meeting or hearing; he or slie will need a record °of,the proceedings;,:
and,that for such, purpose, -affected person* may,need , toensure that a
verbatim record of,the proceedings is made.whichgocora; includes the
testimony and evidence -upon which the appeal is to be based;i ;,`t<
9/25iZ - r - .. _ti •t� c t . .I ;4 :. 3u:. ,,,, • = oq-3-4412/1314811 M:
She iamiHerata D
Ad Number. 840055502 Client Name:
Insertion Number. 840055502 Advertiser: CITY OF SOUTH MIAMI
Size: 2X6.0 Section /Page /Zone: NBRS Gables /GS42/Dade
Publication Date: 09/27/2009 Color Type: B8W Description: _
This EShoet(R) is provided as conclusive evidence that the ad appeared in The Miami Herald on the date and page Indicated. You may not create derivative works, or in any way exploit or repurpose any content
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