12-08-09 Item 24V
South Miami
byAld
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CITY OF SOUTH MIAMI
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fic o9zio �. OFFICE OF THE CITY MANAGER
a INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the Cit Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: December 8, 2009
ITEM No. I
Subject:
AN ORDINANCE OF THE MAYOR AND THE 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.
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 the 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 (two readings); and then send it back
to DCA within 120 days (May, 2008) as required by State Statute. This has not been completed. During
the period April, 2008 — August, 2009 the Planning Board and City Commission conducted several
hearings and workshops.
The last attempt to adopt the EAR Based Text Amendments occurred at the City Commission meeting on
August 4, 2009 at which time a vote was taken on the entire EAR Based Text Amendments Document
(the new Future Land Use Category "Neighborhood Center /Mixed Use District" had been removed). The vote
was 3 ayes and 2 nays, however, a 4/5 vote was required, thus the ordinance failed. The minutes (excerpt)
of that Commission meeting is attached. (Exhibit "A ")
AMENDMENTS TO THE EAR BASED TEXT AMENDMENT DOCUMENT (approved on August
23.2007)
Revision No. 1
"the City has not included a full Five -Year Schedule of Capital Improvements "
The Florida DCA single objection after its review of the City's (2007) EAR Based Text Amendment
document was that the most recent adopted capital improvement plan was not correctly listed. The
Comprehensive Plan contains a policy that requires the annual adoption of a five year capital
improvement plan. At the time of the EAR approval the Capital Improvements Plan was listed as "2006-
2011 ". The City Commission's most recent adoption of the Capital Improvements Plan was on March 17,
2009 when the "Capital Improvement Plan for 2008/09 - 2012/13" was approved. A simple insertion of the
name of the most recently adopted capital improvements plan on p.52, will satisfy the DCA objection.
Revision No. 2
The City Commission at its July 28, 2009 meeting adopted Ordinance No. 13 -09 -2005 which removed the
wording of the proposed Future Land Use Map category entitled "Neighborhood Center /Mixed Use
District (Four Story)" on pp. 16 and 17 of the Comprehensive Plan Evaluation and Appraisal Report Based
Text Amendments Document dated August 23, 2007. (see Ordinance 13 -09 -2005 attached, Exhibit "B ")
Revision No. 3
The City Commission at its October 20, 2009 meeting adopted Ordinance No. 24 -09 -2016 which also
modified p. 17A of the Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments
Document dated August 23, 2007 by incorporating a new Future Land Use Map category entitled
"Residential /Limited Commercial District (Two Story) ". (see Ordinance 24 -09 -2016 attached, Exhibit "C ")
PLANNING BOARD ACTION
Beginning at its March 11, 2008 meeting the Planning Board (Local Planning Agency) did conduct a
number of public hearings and made recommendations on different versions of the EAR Based Text
Amendment ordinance sent to them by the City Commission. The Planning Board's approval of the
original EAR Based Text Amendments occurred on March 11, 2008 and on April 21, 2008 after a public
hearing (see attached Exhibit "D" and Exhibit "E"). The Board's decision at that time included approval of
all of the proposed amendments in the August 23, 2007 document (including the "Neighborhood
Center /Mixed Use District (Four Story)" future land use category) and also included approval of the one
change requested by DCA that being a technical update to the Capital Improvement Element.
It is important to note that at its July 14, 2009 meeting the Planning Board did provide a recommendation
on the specific proposal to remove the proposed future land use category "Neighborhood Center /Mixed
Use District (Four Story)" from the EAR Based Text Amendment Document. The Board's
recommendation adopted by 3 ayes 2 nays vote was that the existing wording for the proposed
"Neighborhood Center /Mixed Use District (Four Story)" future land use category in the EAR Based Text
Amendment Document should remain at the original height and density as approved in 2007.
The Planning Board at its September 29, 2009 meeting adopted by a vote of 5 ayes and 0 nays a
recommendation that a new future land use category entitled "Residential /Limited Commercial District
(Two Story)" should be included in the EAR Based Text Amendment Document.
IMPORTANCE OF APPROVING EAR BASED TEXT AMENDMENTS
(1) Florida State Statutes Section 163.3191(10)(11) mandates that local governments must adopt the
amendments recommended in the EAR -Based Text Amendment Report. Failure to so within a certain
period of time will result in sanctions against the local government. These include not being eligible to
receive revenue sharing funds, grants for water and sewer system, road construction funds, and
Community Development Block Grant funds. In addition the local government is prohibited from
processing any changes to the Comprehensive Plan until the final EAR Amendments are approved and
transmitted to the Florida DCA. (see Fla. Statutes Sec. 163.3191 and Sec. 163.3184 attached, Exhibit
3
(2) There are several changes to the Comprehensive Plan mandated by the State which can not be initiated
because the EAR process is not complete. These include the final adoption of the Public Education
Facilities Element, the Water Supply Facilities Work Plan, Strategies for Reduction of Greenhouse Gas
Emissions, and a number of Future Land Use Map changes recommended in the City's EAR Program
adopted in 2006.
(3) The concerns over the height limit and density of the Madison Square project will not be solved by
delaying the final approval of the EAR Based Text Amendments. In fact the adoption of the current EAR
Based Text Amendments will allow the City to immediately consider the subject as a standard
amendment to the Comprehensive Plan (allowed twice a year). The Administration has made a
commitment to make this issue a priority as evident by recent efforts to secure Affordable Housing
funding from the County and to investigate the use of CRA funds to move forward with Madison Square
Project. It can be anticipated that subsidies obtained from these funding sources will allow for affordable
housing units to be built at a reduced density and within acceptable height limits. It is further important
that CRA funds be committed or we run the risk of recapture by Miami -Dade County as was discussed at
the November 23, 2009 CRA Board meeting.
(4) The City Commission has recently taken action (in some cases by a unanimous vote) to adjust the
future land use map in several locations as part of the next Comprehensive Plan. Evaluation and Appraisal
process which begins in 2010. These changes are essentially reductions in density and height of permitted
development. These same concerns will be applied to the future development of the Madison Square
project. In fact, it will be possible to complete this project with affordable rental rates if we move forward
quickly with the EAR Based Text Amendments approval and determine the amount of subsidy necessary
and its source in accordance with the report verbally presented by consultant Larue Planning and
Management Services, Inc. to the CRA Board at the November 23, 2009 CRA Board meeting.
CITY COMMISSION ACTION
City Commission action on the revised EAR Based Text Amendment Document will require a 4/5 vote.
This issue has been of concern due to the 2008 Charter amendments which provided that certain types of
amendments to Land Development Code and the Comprehensive Plan will require five affirmative votes.
The city's Planning and Zoning Director in an e -mail to the City attorney dated November 10, 2009
provides an explanation of why the vote on this item will require a 4/5 majority. The City Attorney has
advised that he concurs with conclusion set forth in the Director's e- mail.(see attached Exhibit "G ")
RECOMMENDATION
The Administration strongly encourages the Commission to approve the EAR Based Text Amendments.
The City's ability to regulate and control future development is dependent upon having the current EAR
recommendations adopted and found sufficient by the Florida Department of Community Affairs. It is
important to note that State government regulations require local governments in 2010 to begin a new
Evaluation and Appraisal process which could lead to additional changes to the Comprehensive Plan and
the Future Land Use Map. This process can not begin until current EAR recommendations are completed.
In addition, recent resolutions adopted by the City Commission to modify Comprehensive Plan density
and height regulations in certain areas of the City can not be started until the current EAR is adopted.
It is recommended that the City Commission approve on first reading the attached ordinance which adopts
and modifies the City's Comprehensive Plan.
S
Attachments
Draft Ordinance
City Commission Minutes 8 -4 -09 pp 3 -5 Exhibit A"
Ord. No. 13 -09 -2005 Exhibit "B"
Ord. No. 24 -09 -2016 Exhibit "C"
Planning Board Minutes Excerpt 3 -11 -08 Exhibit "D"
Planning Board Minutes Excerpt 4 -21 -08 Exhibit "E"
Fla. Statutes Sec. 163.3191 and Sec. 163.3184 Exhibit "F"
Planning and Zoning Director's E -mail 1.1 -10 -09 Exhibit "G"
EAR Based Text Amendments Document 8- 27 -07, as modified pp. 16, 17, 17A, 52 Exhibit "H"
Public Notices
TJV /SAY
X: \Comm Items\2009 \12 -1 -09 \EAR Amend CM Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT
5 (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE
6 PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR
7 THE FOLLOWING COMPREHENSIVE PLAN. ELEMENTS: FUTURE LAND USE;
8 TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION
9 AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL
10 IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
11 AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the Florida Legislature intends that local planning be a continuous and
14 ongoing process; and
15"
16 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
17 periodically assess the success or failure of the adopted plan to adequately, address changing
18 conditions and state policies and rules; and
19
20 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt
21 needed amendments to ensure that the plan provides appropriate policy guidance for growth
22 and development; and
23
24 WHEREAS, the City completed its proposed Evaluation and Appraisal Report-
25 Based Textural Amendments consistent with the requirements of Chapter 163, Part II, F.S.,
26 and Rule 9J -5 and 9J -11, F.A.C.; and
27'
28 WHEREAS, the City Commission at a special meeting on August 23, 2007
29 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments to
30 the Comprehensive Plan, and adopted on first reading an ordinance approving the Report and
31 authorized its transmittal to the Florida Department of Community Affairs for review and
32 comment; and
33'
34 WHEREAS, the Florida Department of Community Affairs in a communication
35 dated January 18, 2008 transmitted an Objections, Recommendations, and Comments (ORC)
36 Report which report found that the EAR Comprehensive Plan amendments to -be consistent
37 with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes; and
38
39 WHEREAS, the Objections, Recommendations, and Comments (ORC) Report set
40 forth one objection which required a minor adjustment to Policy No.1.1.6 of Chapter 8,
41 Capital Improvement Element; and
42
43 .. WHEREAS, the Local Planning Agency (Planning Board) at its March 11, 2008
44 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending
45 that the Evaluation and Appraisal Report Based Text Amendment report be approved.
46
47
K
2
3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
6 Section 1. The City Commission hereby approves the City of South Miami
7 Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments
8 Document dated August 23, 2007 with the following modifications:
9
10 (A) In accordance with the Department of Community Affairs ORC Report dated January 18,
11 2008, Policy No. 1.1.6 of Chapter 8, Capital Improvement Element on p. 52 is revised to read
12 as follows:
13 "The City of South Miami 2006==2444 2008/09 — 2012/13 Capital
14 Improvements Plan, and the Capital Improvements Schedule included
15 therein, contains a schedule of proiects that the City shall implement in
16 order to maintain its adopted Level of Service standards or otherwise
17 achieve the goals, objectives and policies and /or ensure the financial
18 feasibility of the Comprehensive Plan. The 22008/09 — 2012/13
19 Capital Improvements Plan is hereby adopted by reference as part of the
20 Capital Improvements Element. ";
21
22 (B) Removal of the wording of the proposed Future Land Use Map Category entitled
23 "Neighborhood Center /Mixed Use District (Four Story)" on pp.16 and 17 of the
24 Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document
25 dated August 23, 2007;
26
27 (C) Add a new Future Land Use Map Category entitled "Residential /Limited Commercial
28 District (Two Story) on p. 17A of the Comprehensive Plan Evaluation and Appraisal Report
29 Based Text Amendments Document dated August 23, 2007, to read as follows:
30
31 "Residential / Limited Commercial District (Two Story)
32
33 The Residential/Limited Commercial District (Two Story) future land use
34 _map category is intended to allow for low- density residential development
35 and limited commercial development in a transition area abutting single
36 family homes. The maximum height of all new construction shall be two
37 stories. Residential development shall be limited to townhouse
38 development at a maximum of 6 units per acre. Commercial
39 development shall be limited to a maximum floor- area -ratio of 0.80 and
40 shall include only those retail and personal service (office) needs for the
41 local neighborhood residential areas. The specific type of retail and office
42 uses shall be set forth in the appropriate zoning use district in the Land
43 Development Code. The Land Development Code shall provide for a
44 mandatory no- construction buffer / landscape area and a required wall
45 or fence at the rear of all properties facing or abutting single family
46 residential.
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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 Aistrict 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 2. The amendments set forth in the Evaluation and Appraisal Report (EAR)
Based Text Amendments approved by the City on August 23, 2007 and as modified by
Ordinance No.13 -09 -2005 adopted on July 28, 2009 and Ordinance No.24 -09 -2016
adopted on October 20, 2009 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
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
1 st Reading:
2nd Reading
COMMISSION
VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner: Palmer
Commissioner: Newman
Commissioner Sellars:
Attachment "A" Evaluation and Appraisal Report (EAR) Based Text Amendments
X: \Comm Items\2009 \12- 1- 09\EAR Amend 12 -1 -09 Ord.doc
S
k
EXHIBIT "A"
I City of South Miami -
Regular City Commission Minutes
August 4, 2009
CALL. TO ORDER:
6Vlp 0MM° 0
@u�
3 �-401
The City' Commission of the City of South Miami, Florida met
in regular session on Tuesday, August 4, 2009, beginning at 7:35
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call: -
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
Also in attendance were: City Attorney Luis Figueredo, City
Clerk Maria M. Menendez and City Manager Ajibola Balogun.
B. Invocation: The invocation was delivered by Commissioner
Sellars.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
County Commissioner Carlos Gimenez addressed the Commission
saying, among other things, that his intention is not to raise
the millage. He also reassured the Commission that he will work
at restoring the seniors' meals program.
ITEM (S) FOR THE C®MMISSIONPS CONSIDERATION:
1. Approval of Minutes
Minutes of July 21, 2009
Moved by Commissioner Palmer, seconded by Vice Mayor
Beasley, the motion to approve the minutes of July 21, 2009
passed by a 4-0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
CITY COMMISSION MINUTES 1
August 4, 2009
e o0 0 °o
Commissioner Sellars: Yea
Mayor Feliu: Abstained
2. City Manager's Report (25 minutes)
• USDOJ JAG Grant Application Funding Update; (Red folder
info)
• Status Report on Cambridge Lawns Historic Markers: (Red
folder info)
• Requested to look into the `cash for clunkers" program;
(Newman /Balogun)
With no further comments the City Manager's Report ended.
3. City Attorney's Report (15- minutes)
Counselor Figueredo addressed the charter school issue,
stating that as per Florida Statutes all charter schools are
public schools; after reviewing the section dealing with local
governments he said that typically what a local government will
assess the location of the school to make sure that it is
consistent with its comprehensive plan. In the event that it is
not consistent with the comprehensive plan, then even though we
cannot deny it, we can impose a condition if needed; this is a
permitted use, he said, adding that he has asked for
documentation and will be reporting to this Commission about
compliance.
With no further comments the City Attorney's Report ended.
RESOLUTION (S)
CITY COMMISSION MINUTES 2
August 4, 2009
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE PLANNING,
AND ZONING DEPARTMENT AND THE PLANNING BOARD TO PREPARE
AND INITIATE AN AMENDMENT TO THE COMPREHENSIVE
PLAN.
FUTURE LAND USE ELEMENT FOR A NEW FUTURE LAND USE
MAP
CATEGORY ENTITLED "NEIGHBORHOOD CENTER /MIXED
USE
DISTRICT" WHICH AMENDMENT WOULD ALLOW FOR
THE
IMPLEMENTATION OF PLANS FOR THE MADISON SQUARE PROTECT
AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN
ITS
APPLICATION TO THE GEOGRAPHIC BOUNDARIES OF
THE
CITY COMMISSION MINUTES 2
August 4, 2009
PROPOSED MADISON SQUARE PROJECT AREA; PROVIDING 'AN
EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley 'to
approve this item.
Vice Mayor Beasley said that he has problems with the.
language of the resolution and his real intent which is moving
Madison Square forward, but that we need to create a plan for the
area; the second thing is to look into the land use; then, we
need to cr'eate a design according to the land that we' own. He
said that creating a new land use right now is premature, and the
resolution really does not address any of those issues. He said
that he cannot vote on his own sponsored resolution for the
reasons stated, so he proposed to direct staff to create a master
plan for the area around Madison Square.
The Commission discussed this issue, each of them providing
suggestions. Also CPA Director David provided further information
about the property for the proposed project.
Commissioner Palmer concurred with the Vice Mayor for the
need to develop a plan.
Mr. Balogun recommended for staff to meet with the Vice
Mayor to get proper direction as to the scope for the plan.
. Moved by Vice Mayor Beasley to table this item. Seconded by
Mayor Feliu, the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
5. AN ORDINANCE OF THE MAYOR AND THE 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
CITY COMMISSION MINUTES 3
August 4, 2009
so,oQ�o °u
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
(Vice Mayor Beasley)
. Moved by Mayor Feliu,
approve this item.
Vice Mayor Beasley said
move the EAR process forward.
seconded by Vice Mayor Beasley to
4
that the purpose of this item is*to
Mayor Feliu said that the reason for which the EAR process
has not moved forward is because the land use definition for the
Madison Square project has been removed from the document. He
said that the community in that area has spoken many times about
how much they want to see the project going. He said that he
understands that sixty units per acre is too much and twenty -four
is too little, but that they need to come to a consensus so that
they can move the process forward.
Commissioner Palmer said that she has always been in favor
of what the recommendations were from everybody, including the
Commission and the community. She said that she agrees that sixty
units per acre is too high, however, we need a compromise; she
said that she is willing to work with every member of this
Commission.
Commissioner Newman said that she is not happy with this
either because the will of the people is not reflected on this
document; she said that the will of the people was not for four
stories but for two stories; not for sixty units per acre but
twenty -four units per acre. She said that therefore it might be a
good idea to go into the new` EAR process and hear what the people'
have to say.
Commissioner Sellars said that he does not, agree with the
sixty unit density, and neither with the four stories. He then
asked staff what would be the consequences for the City by not
sending the document now..
Counselor Figueredo said that the consequences could be that
the City can always be sanctioned, and DCA would have to make a
finding for non-compliance. Meantime, the effects would be that
the City needs to make changes to the Comprehensive Plan.
CITY COMMISSION MINUTES 4
August 4, 2009
e000 00
Vice Mayor Beasley said as a manner of clarification that
this land use category is for the entire City of South Miami, it
is not site specific.
At this time the public hearing was opened.
Levy Kelly said that the people have spoken and that they,
want to develop Madison Square.
At this time Commissioner Newman asked for a point of order,
requesting that the Commission adheres to Roberts Rules of Qrder
by speaking only about the subject matter of the item being
discussed. Also, that each member of the Commission is allowed to
speak on the item. In this case, the purpose of the ordinance is
to send the EAR document to DCA as previously amended.
Dick Ward said that what is interfering with the EAR process
is the sixty units.
. Walter Harris urged the Commission to approve this ordinance
to allow the process to continue its course.
David Tucker Sr. urged the Commission to allow for the
Madison Square project to move on.
With no further speakers the public hearing was closed.
With some further comments, the motion to approve this item
failed by a 3 -2 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newmane Yea
Commissioner Sellars: Yea
Mayor Feliu: Nay
ORDINANCE (S) FIRST READING
6. AN ORDINANCE OF THE
MAYOR AND 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
2 -4.4, ENTITLED "RESERVED,"
PROVIDING FOR AN
ANNUAL
PERFORMANCE
EVALUATION;
PROVIDING FOR
CITY COMMISSION MINUTES 5
August 4, 2009
1 EXHIBIT "B"
ORDINANCE NO. 1 3 -09 -2005
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 AND FOUND CONSISTENT WITH STATE LAW BY THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ON JANUARY 18; 2008,
IN ORDER TO REMOVE FROM THE FUTURE LAND USE ELEMENT A
PROPOSED NEW, FUTURE -LAND USE CATEGORY ENTITLED
"NEIGHBORHOOD CENTER I MIXED USE DISTRICT "; 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
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 11, 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
Ord. no. 13 -09 -2005
2
WHEREAS, the City Commission at meetings on April 1, 2008, May 20, 2008,
and April 21, 2009 failed to adopt the Evaluation and Appraisal Report Based Text
Amendments; and
WHEREAS, it is proposed that in order.to finalize and transmit the Evaluation
and Appraisal Report Based Text Amendments a revision to the original Evaluation and
Appraisal Report would be appropriate; and
WHEREAS, the Local Planning Agency (Planning Board) at its July 14, 2009
meeting, after public hearing, adopted a motion by a vote of 3 ayes 2 nays recommending
continuing support for the existing wording for the proposed Future Land Use Map
category entitled Neighborhood Center/Mixed Use District (Four Story) on pp. 16 and 17
of the Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments
Document dated August 23, 2007.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves that the City of South Miami
Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments
Document dated August 23, 2007 be adopted with the following change: .
(1) Removal of the wording of the proposed Future Land Use Map category entitled
Neighborhood CenterlMixed Use District (Four Story) on pp.16 and 17- of the
Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments
Document dated August 23, 2002 (see Exhibit A attached)
Section 2. The. City. Commission hereby directs the City Manager to transmit this
ordinance to the Florida Department of Community Affairs and to formally request
consideration of the subject change to the Comprehensive Plan Evaluation and Appraisal
Report (EAR) Based Text Amendments Document approved on August 23, 2007.
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.
hereof.
Section 5. This ordinance shall be effective immediately after the adoption
PASSED AND ADOPTED. this 28 day .of July , 2009 '
Ord. No. 13 -09 -2005,
ATTEST:
T CLE
READ AND APPROVED AS. TO
CITY
3
APPROVED:
A OR
1St Reading: 7 / 21 / 4
2 °d Reading 7/28/0§
COMMISSION VOTE:
3-1
Mayor Feliu:
absent
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Nay
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
EXHIBIT "A"
Proposed Amendment
EAR Based Text Amendments
Chapter 1 Future Land Use Element
(pp.16 -17)
FUTURE LAND USE CATEGORY.';
(as, adopted on first reading 8- 23 -07; submitted to DCA)
X: PBTB Agendas Staff Reports\2009 Agendas Staff Reports\7- 14- 09\Exhibit A EAR Remove FLUM.doc
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EXHIBIT 66099
ORDINANCE NO. 24-09-2016
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
WINCH 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.
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
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
Page I of 3
Ord. no. 24 -09 -2016
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 ResideniiaULimited Commercial District (Two Story) future land use map catezory
is intended to allow for low - densitv 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
Page 2 of 3
Ord. No. 24 -09 -2016
for a rnandatory 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. d
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 20th day of October, 2009
ATTEST: APPROVED:
_ r
CITY CLERK MAYOR
1St Reading: 10106109
2" d Reading: 10/20/09
READ APPROVED TO FORM:
CITY ATTORNEY
XAComm Items\2009M 0- 6- 09\EAR Add New SW 62 Ave PLUM Ord.doc
Page 3 of 3
COMMISSION VOTE: 3 -2
Mayor Feliu:
Nay
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Nay
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
SO uy
l EXHIBIT "D"
�4'-O
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, March 11, 2008
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 7:41 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: Ms. Young, Mr. Farfan, Mr. Davis, and
Ms. Chael. Absent: Ms. Yates
City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz
(Administrative Assistant).
IV. Planning Board Applications/Public Hearing
PB -08 -0.10
Applicant: City of South Miami
AN ORDINANCE 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;
RESPONSE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC);
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Action: Mr. Farfan read the item into the record.
Mr. Youkilis advised that the text changes went before the City Commission and were
Planning Board Meeting
March 11, 2008 Excerpt
Page 2 of 2
adopted on first reading. Thereafter the documents were sent to Department of
Community Affairs (DCA). After review of the City's submittal DCA issues Objections,
Recommendations, and Comments (ORC) report which found that the City's report was
excellent and made only one recommendation. It was determined that the Capital
Improvement Plan (CIP) was one year behind and they recommended that the City update
the years from 2007 -2012 to 2008 -2013 to show five year update. The City Commission
recently adopted a Capital Improvements Plan and the state mandates that the new dates
shall be included in the City's Comprehensive Plan. Therefore, the ordinance adopting the
EAR with the one change must go before the City Commission as part of the text
amendments final hearing.
Action: Ms. Young moved to approve the ordinance as presented. Mr. Davis seconded
Vote: 5 Ayes 0 Nays
XAComm Items\ 2009 \12- 1- 09 \03- 11- 08- PBMinutes Excerpt.doc
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CITY OF SOUTH MIAMI
PLANNING BOARD
Special Meeting
Action Summary Minutes
Monday, April 21, 2008
City Commission Chambers
7:30 P.M.
EXCERPT
EXHIBIT «E"
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 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, Ms. Yates, Mr.
Farfan, Mr. Cruz, and Ms. Chael.
City staff present: Eve Boutsis (City Attorney), Sanford A. Youkilis (Acting Planning
Director), and Lluvia Resendiz (Administrative Assistant).
III. Reason for Special Meeting: Mr. Youkilis advised that the EAR -Based Text Amendment
document which includes over 100 revisions to the City's Comprehensive Plan was before the
Planning Board for final review at its March 11, 2008 meeting. The document dated August 23,
2007 contained a minor technical revision updating the time period of the City's most recently
adopted Capital Improvement Plan. This was the only change suggested by the Florida DCA in
their official analysis (Objections, Recommendations, and Comments (ORC) Report) which was
sent to the City on January 18, 2008. A simple insertion of the name of the new capital
improvement plan on p.52 was inserted into the document. The Planning Board at the March .11
meeting unanimously approved the revision to EAR -Based Text Amendment document, and
forwarded on to the City Commission.
The City Commission at its April 1, 2008 meeting considered the EAR -Based Text Amendment
document on second reading (first reading was in August, .2007 prior to transmittal to Florida
DCA). At that time one Commissioner moved to remove the section of the report which contained
a new land use category which would be applicable to the Madison Square project. There was no
second to the motion. After a public hearing the City Commission voted 3 ayes and 1 nay to
approve the ordinance adopting the EAR - Based Text Amendments as part of the City's
Comprehensive Plan. The ordinance failed to be adopted because by Code a 4/5 approval vote is
required.
Planning Board Meeting
April 21, 2008
Page 2 of 4
III. Planning Board Applications/Public Hearing
PB -08 -019
Applicant: City of South Miami
AN ORDINANCE 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;
RESPONSE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC);
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record.
Mr. Youkilis advised that Florida State Statutes mandate that the local government must submit
their EAR Based Text amendments. If the city does not turn in the EAR document the State will
sanction the local government including the loss revenue sharing funds, grants for sewer and water,
road construction funds, community development block grant, and in addition lose the ability to
process amendments to the Comprehensive Plan. Therefore it was decided to reinitiate the process
at the Planning Board level by developing a different EAR document than that previously voted on
in March. The difference is the removal of the "Madison Square." Revision No.2 suggests that we
re -insert the Neighborhood Center district "Madison Square" back into the original document.
Three alternatives have been developed. Alternative I is exactly as the originally approved EAR
document. Alternative II was submitted by Commissioner Beckman which suggests adjustments in
density and height of buildings near single- family. Alternative III, prepared by staff and the City
Attorney, suggests the same as Alternative No.l however the residential density was reduced to 45
units per acre where the original suggested 60 units per acre. Staff recommended that the EAR
document dated April 21, 2008 be readopted and include either Alternative No.1 or No.3 shall be
approved as an amendment to be reinserted into the EAR document dated April 21, 2007.
Mr. Morton stated that he prefers Alternative No.3 but would like to amend it to include 60 units
per acre. He questioned if Alternative No.3 is a more simplified version and whether or not it
would be the same in concept as previously approved. Ms. Boutsis replied with an affirmative
advising that the Alternative No.3 will be different language but in a more simplified manner
however, all of the standards will remain the same as Alternative No. 1.
Mr. Cruz questioned the City's submittal deadline date to DCA. He also expressed concerns that
the City could be under the same predicament if the EAR document does not get approved by the
City Commission and whether or not the City will have enough time undergo the process again in
the event that the EAR document does not get approved on second reading. Ms. Boutsis advised
that if the City Commission does not approve the EAR document the City will be required to
request an extension from the Department of Community Affairs. Mr. Youkilis advised that the
municipalities are given 120 days, from the date that DCA issues the ORC report, to update the
EAR.
Ms. Young expressed concerns related to the EAR document being approved on first reading but
Planning Board Meeting
April 21, 2008
Page 3 of 4
disapproved on second reading.
Ms. Chael advised that if the number of units remain the same than, although the number of units .
are reduced that you can have larger and more luxurious units. She believed it would be nice to
have a mixture of units thus making it more affordable. Ms. Chael found no adverse affect in
making a revision to the text with regards to the number of units.
Mr. Farfan advised he would prefer Alternative No.3 with the amendment to include 60 units per
acre.
Ms. Yates advised she was fine with the original approval of 60 units per acre.
Ms. Young advised to be in favor of originally written EAR document. She noted that staff and the
Board spent plenty of time on the original document and provided significant reasons as to what
was said and the way it was said. She found no significant reason for making any changes.
Mr. Cruz stated he was in favor Alternative No.3 with 60 units per acre simply because by limiting
to 45 units per acre essentially automatically reduces the amount .of units. Therefore by keeping it
at 60 units there is always the option of reducing the size. Sixty units is really the maximum and
not minimum. Also with 60 units there is the option to doing in between 55 or 50 and by limiting
to 45 you are automatically limiting the number or units.
Mr. Morton indicated he prefers Alternative No.3 but would also recommend modifying the
number of units to 60. He is in favor of Alternative No.3 because it has different verbiage and in
changing the language the Board is submitting a different EAR document to the City Commission.
Chairman Morton opened the Public Hearing.
Name Address Position
Levy Kelly 6250 SW 60 Avenue Favors
Mr. Kelly thanked the Board for their continuous good work, efforts, and understanding of the
community's needs.
Claudia Hauri 5752 SW 77 Terrace Neutral
Ms. Hauri expressed concerns regarding area nine of the future land use map. She requested that
staff clarify the area nine recommendation of denial of the amendment is still enforced. Mr.
Youkilis replied that the applicant was referring to the draft of the next step which deals with
making changes to the Future Land Use Map (FLUM) which is scheduled for public hearings in
June 2008. Area nine is one area not being recommended by the consultants for a map change.
Simon Codrington, Jr. 6620 SW 63 Avenue Favors
Mr. Codrington thanked the Board for their efforts into the long EAR process. He acknowledged
that the Board made the correct recommendation for the four -story height limit as well as the 60
units in density and floor area ratio. He advised that one of the Commissioners has decided to
impose his personal view and weigh heavily on the communities input rather than to do what the
state statue mandates. This is not a normal process but rather a complicated process and therefore
commended the City Staff and Consultants for their hard work and dedication to the process. The
fact that DCA made only one comment to the City's EAR document states that staff, the
consultants, and the Planning Board did a suburb job. If a change must be made to the EAR
document aside from what was recommended by DCA in the Objections, Recommendation, and
Comments report (ORC), as a community that is considered to be unfair and a complete
Planning Board Meeting
April. 21, 2008
Page 4 of 4
undermining of the integrity of the process. As a community many objectives are trying to be met.
These objectives included a mixed -use project that incorporates bringing back business, which
have dissipated, into a district which has died from where it once was and making an effort to
incorporate affordable housing. In order for this project to succeed all goals must be reached and
the project must be given the maximum opportunity to be built out to its highest and best use.
Oliver Gunellas 6755 SW 74 Street Neutral
Mr. Cunellas expressed concerns that the approval of a four -story height building will set
precedence for other future land use zoning districts. Mr. Youkilis replied that the land use
category was designed strictly for the "Madison Square" area. It is not anticipated that this would
be used in any other location. Ms. Boutsis responded that this is a land use category for the
specific area in question and not for other areas within the city. If the text amendment is approved
tonight and by the City Commission it will be incorporated into the Comprehensive Plan. Ms.
Boutsis added that an individual would have to initiate the process for a change to the future land
use map for a specific area.
Chairman Morton closed the Public Hearing.
Mr. Morton questioned, for clarification purposes, if Alternative No.3, if amended, will be
inconsistent with what was originally approved by the Planning Board. Ms. Boutsis replied that if
Alternative No.3 were amended to reflect the 60 units per acre the answer would be "yes." She
reiterated that Alternative No.3 just simplifies the language. Mr. Alex David, Consultant for Bell -
David Planning Group, advised that Alternative No.3 is less wordy than Alternative No.l but the
content is exactly the same as previously provided even after Alternative No.3 is amended to have
60 units per acre.
Motion: Ms. Young moved to approve Alternative No.3 with the condition to amend Alternative
No.3 to include 60 units per acre. Mr. Cruz - seconded.
Vote: 6 Ayes 0 Nays
Motion: Ms. Young moved to approve the Evaluation and Appraisal Report with the revision
recommended by staff related to the date of the Capital Improvement Plan as well as the Evaluation
and Appraisal Report document as amended to include 60 unites per acre under Alternative No.3.
Ms. Yates seconded.
Vote: 6 Ayes 0 Nays
XAComm Items\2009 \12- 1- 09\PB- Min- 04 -21 -08 Excerpt.doc
EXHIBIT
FLORIDA STATUTES PERTAINING TO EVALUATION AND
APPRAISAL REPORTS
Section 163.3191
10) The governing body shalt amend its comprehensive plan based on the recommendations in the
report and s iall update the comprehensive plan based on the components of subsection (2), pursuant
to the provisions of ss. 163.3184, 163.3187, and 163.3189. Amendments to update a comprehensive
plan based on the evaluation and appraisal report shall be adopted during a single amendment cycle,
within 18 months after the report is determined to be sufficient by the state land planning agency,
except the state land planning agency may grant an extension for adoption of a portion of such
amendments. The state land planning agency may grant a 6 -month extension for the adoption of such
amendments if the request is justified by good and sufficient cause as determined by the agency. An
additional extension may also be granted if the request will result in greater coordination . between
transportation and land use, for the purposes of improving Florida's transportation system, as
determined by the agency in coordination with the Metropolitan Planning Organization program.
Beginning July 1, 2006, failure to timely adopt and transmit update amendments to the comprehensive
plan based- on the evaluation and appraisal report shall result in a local government being prohibited
from adopting amendments to the comprehensive plan until the evaluation and appraisal report update
amendments have been adopted and transmitted to the state land planning agency. The prohibition on
plan amendments shall commence .when the update amendments to the comprehensive plan are past
due. The comprehensive plan as amended shall be in compliance as defined in s. 163.3184(1)(b).
Within 6 months after the effective date of the update amendments to the comprehensive plan, the
local government shall provide to the state land planning agency and to all agencies designated by rule _
a complete copy of the updated comprehensive plan.
(11) The Administration Commission may impose the sanctions provided by s. 163.3184(11) against any
local government that fails to adopt and submit a report, or that fails to implement its report through
timely and sufficient amendments to its local plan, except for reasons of excusable delay or valid
planning reasons agreed to by the state land planning agency or found present by the Administration
Commission. Sanctions for untimely or insufficient plan amendments shalt be prospective only and shall
begin after a final order has been issued by the Administration Commission and a reasonable period of
time has been allowed for the local government to comply with an adverse determination by the
Administration Commission through adoption of plan amendments that are in compliance. The state
land planning agency may initiate, and an affected person may intervene in, such a proceeding by filing
a petition with the Division of Administrative Hearings, which shall appoint an administrative law judge
and conduct a hearing pursuant to ss. 120.569 and 120.57(1) and shalt submit a recommended order to
the Administration Commission. The affected local government shall be a party to any such proceeding.
The commission may implement this subsection by rule.
Section 163.3184
(11) ADMINISTRATION COMMISSION.
(a) If the Administration Commission, upon a hearing pursuant to subsection (9)' or subsection (10),
finds that the comprehensive plan or plan amendment is not in compliance with. this act, the
commission shall specify remedial actions which would bring the comprehensive plan or plan
amendment into compliance. The commission may direct state agencies not to provide funds to
increase the capacity of roads, bridges, or water and sewer systems within the boundaries of those
local governmental entities which have comprehensive plans or plan elements that are determined not
to be in compliance. The commission order may also specify that the local government shall not be
eligible for grants administered under the following .programs:
1. The Florida Small Cities Community Development Block Grant Program, as authorized by ss.
290.0401- 290.049.
2. The Florida Recreation Development Assistance Program, as authorized by chapter 375.
3. Revenue sharing pursuant to ss. 206.60, 210.20, and 218.61 and chapter 212, to the extent not
pledged to pay back bonds.
(b) If the local government is one which is required to include a coastal management element in its
comprehensive plan pursuant to s. 163.3177(6)(8), the commission order may also specify that the local
government is not eligible for funding pursuant to s. 161.091. The commission order may also specify
that the fact that the coastal management element has been determined to be not in compliance shall
be a consideration when the department considers permits under s. 161.053 and when the Board of
Trustees of the Internal Improvement Trust Fund considers whether to sell, convey any interest in, or
lease any sovereignty lands or submerged lands until the element is brought into compliance.
(c) The sanctions provided by paragraphs (a) and (b) shall not apply to a local government regarding
any plan amendment, except for plan amendments that amend plans that have not been finally
determined to be in compliance with this part, and except as provided in s. 163.3189(2) or s.
163.3191(11).
Pagel of 2
EXHIBIT 66G"
Youkilis, Sanford
From:
Vageline, Thomas ,
Sent:.
Tuesday, November 10, 2009 9:11 AM
To:
Feingold, Laurence
Cc:
Youkilis, Sanford
Subject: RE: EAR Based Text Amendments 2005 -2006
Pursuant to the Land Development Code Section 20- 6.1(A)(3)(a)(ii) "Four (4) affirmative votes of the city
commission shall be required to approve a change to the adopted Comprehensive Plan,..."
Pursuant to the City Charter ",..five affirmative votes of the city commission shall be required to approve the
actions indicated below: To amend the land use and development regulations in any manner to make them
less restrictive..."
The EAR Based Text Amendment package contains many changes to the goals, objectives and policies of the
adopted Comprehensive Plan. These changes to the goals, objectives and policies of the adopted
Comprehensive Plan are the result of removing obsolete language, bringing the Comprehensive Plan into
conformity with changes ih State law and the State Comprehensive Plan, calls for additional planning activity
(such as a Comprehensive Long Range Transportation Study and a Comprehensive Recreation and Open
Space Master Plan), proposing the investigation of additional impact fees, removes interim policies no longer in
effect; adds new City committees, adds strategies for accomplishment of affordable housing strategies, add a
future land use category named: Residential / Limited Commercial District (Two Story):
These changes to the adopted Comprehensive Plan do not make the Comprehensive Plan less restrictive.
Therefore, Land Development Code Section 20- 6.1(A)(3)(a)ii applies: 4 affirmative votes needed to approve.
Thank you.
Thomas J. Vageline, Director
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Telephone: 305 - 663 -6327
Fax: 305 - 668 -7356
E- mail: tvaaeline0 )ci_tyofsouthmiami.net
APPROVED- August 23, 2007
MODIFIED
(1) 7/28/09 Ord. No. 13 -09 -2005; p.16,17
(2) 10 -20 -09 Ord. No. 24 -09 -2016: p.17A
Table of Contents
Introduction........... ............................... ..............1
Chapter 1 — Future Land Use Element ........................3
Chapter 2 — Transportation Element ..........................18
Chapter 3 — Housing Element ....... .............................28
Chapter 4 — Infrastructure Element .............................33
Chapter 5 — Conservation Element .............................37
Chapter 6 — Recreation and Open Space Element .......... 40
Chapter 7 — Intergovernmental Coordination Element.....44
Chapter 8 — Capital Improvement Element ...................50
8- �9 -aoa C��,y�
Introduction
Background
This report contains all of the text amendments to the City of South Miami Comprehensive
Plan which have been developed as part of the South Miami's Evaluation and Appraisal
Report (EAR). The City's EAR was adopted by the City on January 5, 2006, and found
sufficient by the South Florida Regional Planning Council on May 19, 2006. The
recommendations in the 2006 EAR document have been translated and re- written into
specific amendments which are proposed for adoption into the Comprehensive Plan. The
proposed amendments are collectively referred to as EAR -based amendments. It is
important to note that in this document the EAR -based amendments are superimposed on
the existing goals, objectives, and policies currently within the City's Comprehensive Plan.
Format of this Document
The format of this document has been developed to create a report in which it is easy to see
all of the revisions to the goals, objectives, and policies suggested by staff, consultants, and
the Planning Board. This is accomplished by using the following editing tools:
Underlining- each paragraph or sentence that has been revised is shown with the new
wording underlined;
S#il se U gh - each paragraph, sentence, or words that are to be removed is shown in
strikethrough;
red text -shown below each revised paragraph, is a reference back to the original
recommendation in the adopted 2006 EAR.
blue text -the recommended changes added by the Planning Board during their public
hearings held on April 10, May 8, May 29 and June 19, 2007. These also follow the underline
and strikathra •s. method.
All of the existing Goals, Objectives, and Policies that have not been amended remain
exactly the same as they are written in the current Comprehensive Plan.
Summary
The EAR Based Amendments in this document are divided into the eight elements or
chapters as required by State law. The following is a brief summary of the changes to each
chapter.
Chapter 1, Future Land Use Element
The Future Land Use Element was revised to address development and redevelopment
pressures including. compatibility between buildings; concerns about the massing and
structures (densitylintensity standards, lot coverage and height); development impacts on
neighborhoods; the need for revised or additional land use and zoning districts; the need to
redevelop in certain areas and neighborhoods; and better coordination between
transportation and land use.
Chapter 2, Transportation Element
The Transportation Element was revised to address traffic congestion issues which include
the need to reduce excessive through traffic in certain areas; the need for updated bicycle
and pedestrian plans; the provision of adequate parking; and the need to determine the
ultimate capacity of the transit/rail system.
Chapter 3. Housing Element
The Housing Element was revised to include goals established by the City's Affordable
Housing Advisory Committee and redevelopment issues related to housing were addressed
through amendments that recognize the City's role in expanding housing choices and
options for existing and future residents. Additionally, amendments were included that
reflect the affordable housing and other programs being implemented through the City's
Community Redevelopment Agency.
Chapter 4. Infrastructure Element
The Infrastructure Element was revised to address the current and future public
infrastructure needs of the City to ensure public health, safety and quality of
life. Amendments to the policies to correct inefficiencies were also included.
Chapter 5. Conservation Element
The Conservation Element was revised to implement the latest Best Management Practices
to protect, restore and enhance the natural features of the City.
Chapter 6. Recreation and Open Space Element
The Recreation and Open Space Element was revised to address the park and recreation
issues such as the City's desire to conduct a comprehensive Recreation and Open Space
Master Plan to be used as a mechanism to assist the City in its efforts to meet the
recreational needs of existing and future residents. Other amendments address the need to
evaluate the feasibility of instituting an impact fee and to revise the Level of Service
Standard for recreation and open space.
Chapter 7, Intergovernmental Coordination Element
The Intergovernmental Coordination Element was revised to further the City's coordination
and communication procedures for resolving issues of mutual interest with other local
governmental entities, which may arise from the implementation of the Comprehensive Plan.
The city will continue to work with the County in support of the 2003 Interlocal Agreement
for Public School Facility Planning.
Chapter 8. Capital Improvement Element
The Capital Improvement Element was revised to address the 2005 changes to the Growth
Management legislation pertaining to the annual update of the Capital Improvements
Schedule and financial feasibility requirements. Other amendments were included that
reinforce the relationship and linkage between the Comprehensive Plan and the Capital
Improvements Program and recognizes that South Miami is a diverse, full service
community with both residential and non - residential land uses and
neighborhoods. Additionally, an amendment was included to address impact fees as a
potential mechanism for ensuring the City's ability to provide key infrastructure and services
at adopted Levels of Service through the planning period
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CHAPTER I
FUTURE LAND USE
ELEMENT
FUTURE LAND USE ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 8119197 by Ord.No. 20 -97 -1641; Amended 317100 by Ord.No. 1 -00 -1703;
Amended 11/7/00 by Ord.No. 27 -00 -1729
Goal 1 To maintain and improve the City's neighborhoods, and the quality of
life of existing and future residents. '
ivuaftl.. of Hk in the e 4 tiny. c.inivle_
Reason for amendment: Recommendation LU -1., to address EAR Issue M.A.,
"Development and Redevelopment ". The amendment reflects
the City's commitment to enhance and improve all areas.
Objective 1.1 The City shall implement its Future Land Use Plan Map through its land
development regulations. Eliminate -uUses that are inconsistent with
the community character as set forth on the Future Land Use Map: shall
be eliminated €fiminatien —ef— suGh— ineensistent— uses shall b
aeoonWgs eel with proper respect for the vested rights of property
owners. Amortization shall not be used to implement this objective.
Reason for amendment: Recommendation LU -2., to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment clarifies
the City's utilization of its land development regulations as a tool
for implementing the Future Land Use Plan Map.
Policy 1.1.1 WMin ene yeaF of adoption of this plan-, enaGt zoning mGdffiGatiens to
reference in this ne/iw■ _ (97_1 By 2010, the City shall review and, as
appropriate revise its land development regulations in order to:
eliminate inconsistencies with the Comprehensive Plan; implement
recommendations contained in neighborhood or special area plans
and /or charrettes• ensure appropriate transitions between different
neighborhoods and uses- ensure appropriate height and site
development requirements; promote pedestrian friendly, mixed -use
development and redevelopment; buffer neighborhoods from the
encroachment of incompatible uses; provide additional standards
requlatinq tear -downs and new construction, reconstruction or
additions in developed single family residential neighborhoods in order
bonuses and; evaluate the costs and benefits of existing incentives
and bonuses.
Reason for amendment: Recommendation LU -3., to address EAR Issue II.A.,
"Development and Redevelopment". The amendment reflects
the current adoption status of the Plan, and provides a
framework for amending the land development regulations to
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address specific issues raised during the public involvement
process for the EAR.
Policy 1. 1.2 In reviewing proposed amendments to this plan and the Zoning Map,
compatibility with adjacent uses shall be the major determinant.
Policy 1. 1.3 There shall be no additional intrusion of the reside"`dal- -'floe - and us
sateger}r retail or business uses into residential areas designated on
the Future Land Use Map. Residential -office land use zoning
regulations shall contain provisions to protect the quality of life in
single- family residential neighborhoods.
Reason for amendment. Recommendation LU -4., to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment reflects
concerns about the protection of residential areas that were
raised during the public involvement process for the EAR.
Policy 1.1.4. Although there are currently no military installations within or
proximate to South Miami the City shall adhere to State statutory
requirements to ensure compatibility of new development and
redevelopment with military operations if a military installation is
located within or within one -half mile of its boundaries in the future.
Reason for amendment. Recommendation LU -6 to address requirements of S. 163.3177,
Florida Statutes, as amended in 2004 (EAR Chapter IV. D.).
Objective 1.2 Preserve historic buildings sites and districts located within the City
through the appropriate mechanisms.
Figure 1 A
Reason for amendment. Recommendation LU -7. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment broadens
the objective to address historic resources that may be
designated in the future, and the range of preservation
mechanisms and tools.
Policy 1.2.1 The c^ykan enta' Qevie w and Historic Preservation Board shall review
all new development proposals to assure preservation of the City's
limited historic resources.
Reason for amendment. Recommendation LU -& to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment updates
and corrects the name of the referenced Board.
Policy 1.2.2 The historic character of Sunset Drive, as evidenced by its designation
as a historic roadway both to the east and west of the City, should be
continued with the City of South Miami via State or Federal designation.
V1
Objective 1.3 Assure adequate public facilities to serve new development. See policy
for measurability.
Policy 1.3.1 The development code shall include language that continues to require
that the developers shall provide drainage, sewer connections and
other feasible public facilities in conformance with level -of- service
standards and concurrent with the development. Development permits
shall be conditioned on the provision of such facilities.
Policy 21:11.3.2 The City shall seek to ensure bicycle and pedestrian connectivity in all
areas within its boundaries, in accordance with neighborhood plans
and the Comprehensive Long Range Transportati on Study,
sidewalk and b&ew / Plan "s�eeial- attention -t
do 1
inGludiha 9f sidewalk eennenf:va�i n - evisn of
, .io c� v. y..wyv
indf6ati�"'�Yib• and implementation of free n/anf:na nre:en�c•
M y
for - Cha 7 ette n/ nn:na areas and s nale fa i1v rwidengal areas.
Reason for amendment. Recommendation LU -12. to address EAR Issue II.A.,
"Development and Redevelopment". The amendment is
intended to provide for downtown redevelopment in accordance
with redevelopment plans and goals, and protect residential
areas from the encroachment of nonresidential uses. Please
note that existing Policy 2. 1.1 is being moved here, renumbered,
and amended.
Objective 1.4 Maintain and review a revised development code that includes
innovative zoning techniques relative to the transition between
residential and non - residential districts.
Policy 1.4.1 The City shall utilize mixed land use zoning categories to achieve
creative development in the transition areas between commercial and
residential and to achieve the goals set forth in the public charrettes.
Policy 1.4.2 As a part of the development code review, refine provisions relative to
open space, stormwater management and on -site traffic flow; give
particular attention to on -site parking requirements based upon the
policies that back -up the Future Land Use Map.
Objective 1.5 The
City shall continue to coordinate with Miami -Dade County Public
Schools in accordance with the 2003 "Interlocal Agreement for Public
School Facility Planning in Miami -Dade County', as it may be amended
from time to timewill sentinue —its efforts te- astively pursue th
MGM es. far CGuth Ai/:w n+: res den .
Reason for amendment. Recommendation LU -9. to address EAR Issue It D., "Fiscal Health
and Government Services ". The amendment reflects the
6
coordination between public school facility and land use
planning prescribed in the referenced Interlocal Agreement.
Policy 1.5.1 The City shall participate with the Miami -Dade Public School System in
review of criteria and standards necessary to assure adequate public
school capacity, including new schools and expansion of existing
schools.
Policy 1.5.2 During pre- development program planning and site selection activities,
the City shall coordinate with the Miami -Dade Public Schools and
continue to seek, where feasible and mutually acceptable, to collocate
schools with other public facilities; such as parks, libraries, and
community centers to the extent possible.
Goal To preserve and enhance the
City's Hometown District by continuing to
foster its development and
redevelopment as a vibrant walkable, mixed -use town center as
envisioned in the Hometown PRIans, Community Redevelopment
Agency plans, and other plans that may be adopted by the City Seutl�
.,
in South C/e 4da. It ewes r Gp I tans in the City and beyend Me
f
smallto M Gharaster Preserving -and enhanGingr - the vita :•., of the
Sunset Go memial area- is-the seGend most :. We ant goal of_thc
CempFehensive Plan-. PreseFvatian of the Sunset Gemmereial f
ident ed as the ' Wometeown Dis-hrii+s�h,�the CW ; is finked to *he
s, nee $ of the - MetweftUansit Station as a Ger for .,ede.+Fr:...,_
ariented semmersial development. Redevelopment llopment mui ter' an
mimed-use pFGieGts ged by the City as envisioned in th
/.lew.eteui.. D/.. r.
Reason for amendment. Recommendation LU -10. to address EAR Issue II.A.,
"Development and Redevelopment". The amendment reflects
the current status of the Hometown District plans, and other City
plans and efforts.
Objective 2.1 Discourage urban commercial sprawl by enhancing downtown South
Miami as the City's prime retail and commercial service center, as
apee°f�,,;ed -ice, in accordance with the Future Land Use Map. M
shah There shall be no major commercial rezonings of single- family
residential properties, unless -sugh Fezonkws are deemed neGessa ^
implement adopted Fedevelopment plans, -9F to enaLme appFopilate
Reason for amendment. Recommendation LU -11., to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment is
intended to provide for downtown redevelopment in accordance
with redevelopment plans and goals, and protect residential
areas from the encroachment of nonresidential uses.
7
Policy 2.1.21 Continue to monitor parking usage to determine when and where
additional municipal parking areas should be provided.
Reason for amendment: Existing Policy 2.1.1 was moved to Objective 1.3 and
renumbered.
Policy 2.1.22 Oppose street widenings that would either feed more through traffic
into the downtown area or adversely impact its pedestrian amenities in
downtown South Miami.
Reason for amendment. Existing Policy. 2.1.1 was moved to Objective 1.3 and
renumbered.
Policy 2.1.43 Discourage urban commercial sprawl by promoting growth in the core
area surrounding the Metrorail Transit Station by creating a district for
new growth which is contained and transit - oriented, thereby relieving
the pressure for commercial rezonings outside of this core area.
Reason for amendment: Existing Policy 2.1.1 was moved to Objective 1.3 and
renumbered.
Goal To achieve a tax base adequate to support a high level of municipal
services via increased mixed -use projects and flexible building heights
in designated Transit - Oriented Development
Districts (TODD], to the extent that development and redevelopment in
these districts does not adversely impact surrounding neighborhoods
and uses.
Reason for amendment. Recommendation LU -13, to address EAR Issue II.A.,
"Development and Redevelopment": The amendment reflects
the establishment of Transit Oriented Development Districts, and
addresses concerns about their potential impacts on
surrounding neighborhoods and uses.
Objective 3.1 ^AG e:,e eveF the e*t five yea- an ' ^^ "° °° in the ` * bas Continue to
increase the City's tax base and fiscal health through new development
and redevelopment, increased property values, annexations, impact
fees, grants, and other strategies as appropriate .
Reason for amendment. Recommendation LU -14. to address EAR Issue II.D., "Fiscal
Health and Government Services". The amendment reflects
strategies to maintain and increase the City's financial health
and ability to deliver key infrastructure and services.
Policy 3. 1.1 Zone for new development and redevelopment in accordance with the
Future Land Use Map, including multi -story and mixed -use districts.
Policy 3.1.2 Enforce the City's zoning and other land development codes.
Policy 3.1.3 Pursue traffic policies, parking policies and pedestrian amenity policies
that enhance downtown, and thereby the tax base.
9
Policy 3.1.4 The City shall maintain and, as appropriate, expand the Create
—a
Transit - Oriented Development Districts delineated on the Future Land
Use Plan Map Development and redevelopment in these districts shall
occur in accordance with adopted development and redevelopment
plans and the land development regulations and shall not adversely
impact surrounding neighborhoods and uses.
Reason for amendment: Recommendation LU -15. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment reflects
the establishment of Transit Oriented Development Districts, and
addresses concerns about their potential impacts on
surrounding neighborhoods and uses.
_Policy 3.1.5 By 2010 the City shall evaluate the feasibility of enacting additional
impact fees for parks, transportation, public safety, and other services,
as appropriate.
Reason for amendment. Recommendation LU -16. to address EAR Issue II.D., "Fiscal
Health and Government Services". Additional impact fees are a
potential mechanism for ensuring the City's ability to provide key
infrastructure and services at adopted Levels of Service through
the planning period.
Policy 3.1.6 By 2010, the City shall seek to improve the delivery of services and
reduce inefficiencies through a program of annexations that will result
in more logical City boundaries and reduce enclaves.
Reason for amendment. Recommendation LU -17. to address EAR Issue II.D., "Fiscal
Health and Government Services ". Annexations are a potential
tool for increasing the City's tax base and improving service
delivery during the planning period.
Goal To preserve and enhance the natural environmental characteristics of
South Miami.
Objective 4.1 Coordinate future land uses with topography, soil conditions and the
availability of facilities and services. This objective is met if future land
uses and development intensities are consistent with the Future Land
10
EMIMEMIMI
Reason for amendment: Recommendation LU -15. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment reflects
the establishment of Transit Oriented Development Districts, and
addresses concerns about their potential impacts on
surrounding neighborhoods and uses.
_Policy 3.1.5 By 2010 the City shall evaluate the feasibility of enacting additional
impact fees for parks, transportation, public safety, and other services,
as appropriate.
Reason for amendment. Recommendation LU -16. to address EAR Issue II.D., "Fiscal
Health and Government Services". Additional impact fees are a
potential mechanism for ensuring the City's ability to provide key
infrastructure and services at adopted Levels of Service through
the planning period.
Policy 3.1.6 By 2010, the City shall seek to improve the delivery of services and
reduce inefficiencies through a program of annexations that will result
in more logical City boundaries and reduce enclaves.
Reason for amendment. Recommendation LU -17. to address EAR Issue II.D., "Fiscal
Health and Government Services ". Annexations are a potential
tool for increasing the City's tax base and improving service
delivery during the planning period.
Goal To preserve and enhance the natural environmental characteristics of
South Miami.
Objective 4.1 Coordinate future land uses with topography, soil conditions and the
availability of facilities and services. This objective is met if future land
uses and development intensities are consistent with the Future Land
10
Use Map and in compliance with other relevant development
regulations of the City.
Policy 4.1.1 Maintain the single- family land use and zoning in west central South
Miami in order to protect the wellfields that abut the City near Ludlam
Road; specifically, Nelson Homesites subdivision, Tranquility Estates
subdivision, Linden Acres subdivision, Sunset circle subdivision, the
unplatted area immediately west of Sunset Circle, South Side Estates
subdivision and the parcel area immediately south of South Side
Estates.
Objective 4.2 Preserve natural resources whenever possible. Natural resources shall
be defined as specific communities of regional ecological significance.
Policy 4.2.1 The Environmental Review and Preservation Board shall review all new
development applications to assure realistic protection and
enhancement of natural features, particularly water bodies and tree
stands.
Policy 4.2.2 The City shall assist the Metropolitan Dade County Department of
Environmental Resource Management in the protection and
preservation of the Girl Scout Park as a "natural forest community," for
as long as the park is designated by DERM as a "natural forest
community.:
Objective 4.3 Assist the County in making land available for sewer facilities as
required; can not be measurable in advance of County plans.
Policy 4.3.1 Reserve land for pump stations if required by the County's extension of
sewer lines, which in turn is a water quality protection program.
Objective 4.4 Preserve floodplain areas via floodplain management and limiting
development within the Special Flood Hazard Area.
Policy 4.4.1 In coordination with the Transit - Oriented Development District, permit
more intense development only in those areas which are located
outside of the Special Flood Hazard Area.
Policy 4.4.2 Building density and intensity may be transferred from areas within the
Special Flood Hazard Area, in order to permit development within the
Transit - Oriented Development District, while reducing the permitted
intensities within the Special Flood Hazard Areas.
Policy 4.4.3 Develop a Transit- Oriented Development District and floodplain overlay
map in conjunction with new regulatory mechanisms to implement the
preservation of the floodplain and encourage development within the
Transit - Oriented Development District.
Note: 1) Objective 9J-5.006(3)(b)5 is not applicable since this is not a coastal
community.
11
2) Objective 9J- 5.006(3)(b)6 is not applicable since this is not an Area of
Critical State Concern.
Goals To achieve revitalization and renewal of areas designated as
redevelopment areas.
Objective 5.1 knplement the cweatiGn 9 Continue to utilize the South Miami
Community Redevelopment Agency in order to spearhead South Mian}i
Redevelopment Area and the Seuth Miami Commun
Redevelopment AgenW, efforts to and work with citizens and
stakeholders to improve the quality of life for citizens, businesses and
property owners in the South Miami Community Redevelopment Area.
Reason for amendment: Recommendation LU -18. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment reflects
the fact that the South Miami Community Redevelopment Agency
has been established.
Policy 5.1.1 Implement and periodically update the Prepare and adept South Miami
Community Redevelopment Plan for the area generally bounded by SW
62nd Avenue to the north; Red Road to the east; Sunset Drive to the
south; and SW 62nd Avenue to the west.
Reason for amendment: Recommendation LU -19. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment reflects
the fact that the South Miami Community Redevelopment Plan
has been adopted.
Policy 5.1.2 Implement priority SMCRP programs and projects, including but not
limited to: "in- fill" housing, construction of multi- family units,
substantial rehabilitation of housing (HUD Complex), and streetscape
and infrastructure improvements.
Objective 5.2 Maximize resources for redevelopment by utilizing applicable federal,
state, local and private incentive /funding programs.
Policy 5.2.1 Maintain the South Miami Community Redevelopment
Area's designation as an Urban Infill and Redevelopment Area,
pursuant to F.S. Statute 163.2514.
Reason for amendment: Recommendation LU -20. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment reflects
the fact that the South Miami Community Redevelopment Area
has been designated.
Policy 5.2.2 Obtain planning and implementation funding for the South Miami
Community Redevelopment Area from grants available through the
Urban Infill and Redevelopment Area grant program, the Community
Development Block grant program and other appropriate grant
programs.
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Future Land Use Categories
This section contains language which explains the intent of the future land use map. Zoning
regulations which permit uses that are specifically permitted by this section and that also
permit uses that are less intensive than those permitted by this section may be deemed to
be consistent with the comprehensive plan. Zoning regulations that are more restrictive
than the provisions of this section may also be consistent with the comprehensive plan. The
terms "less intensive" and "more restrictive" in this section are not defined in this plan.
Planned unit development zoning regulations which permit buildings to be higher than
stated in this plan may be deemed consistent with this plan, provided such regulations do
not permit the overall floor area on a site to be greater than could occur if the height limits of
this plan were observed.
Nothing in this plan is intended, or has the effect of, limiting or modifying the right of any
person to complete any planned development which has been issued a final planned
development order which is in full force and effect and where development has commenced
and is continuing in good faith, provided that all regulations and conditions as imposed by
the City are met. Any legally granted variances to a development code regulation which
implements this plan shall be deemed to be a legally granted variance to this plan and as
such shall be deemed to be consistent with this plan. This variance provision shall apply to
all elements and sections of this plan.
Vested Rights: Nothing contained herein shall be construed as affecting validly
existing vested rights. It shall be the duty and the responsibility of the applicant alleging
vested rights to affirmatively demonstrate the legal requisites of vested rights. Vested rights
shall require a demonstration to the Mayor and City Commission of the City of South Miami
that the applicant (1) has relied in good faith, (2) upon some act or omission of the
government, and (3) has made such a substantial change in position or incurred such
extensive obligations and expenses to the applicants detriment as to create an undue
hardship. The mere existence of zoning contrary to the South Miami Comprehensive Plan
shall not be determined to vest rights. Development actions where all required approvals
have been received, or orders and permits that preceded the official adoption of this
Comprehensive Plan shall remain in full force and effect but subject to all applicable zoning
laws and regulations of the City. The land development regulations to be adopted shall
provide for specific standards to carry out these concerns.
To reflect repeated public concerns expressed at the charrettes and public hearings
regarding the preponderance of land development regulations, the land use categories are
reduced to reflect the traditional land use designations utilized by the planning profession.
Regulation of specific uses and intensities will be included under provisions in the Land
Development Code.
Single- Family Residential (Two Story)
The single - family land use category is intended to provide for one residential dwelling unit
on each parcel of land. New parcels should have a minimum area of 10,000 square feet. In
areas where existing platting is characterized by parcels larger than 10,000 square feet,
zoning regulations should be consistent with surrounding parcel sizes. Sites large enough
to be subdivided into parcels of 10,000 square feet or larger could be zoned accordingly, but
only if such zoning would be compatible with surrounding development.
13
Lot of Record: If the owner of a platted lot in any district does not own a parcel or tract
of land immediately adjacent to such lot, or if the deed or instrument under which such
owner acquired title to such lot was of record prior to application of any zoning regulations
to the premises, or if such lot were created and first recorded in compliance with the zoning
regulations in effect on the lot at the time of recording, and if such lot does not conform to
the requirements of such regulations as to the width of lot and lot area and lot width
regulations shall not prevent the owner of such lot from erecting a single - family dwelling or
making other improvements on the lot, provided such improvements conform in all other
respects to the applicable zoning regulations provided that such platted lot is not less than
fifty feet in width and has a frontage of at least fifty feet. The term "platted lot" as used
herein shall mean a full and complete separate parcel designated as a lot, parcel, or tract as
part of a subdivision plat recorded in the public records of Miami -Dade County, Florida.
Zoning regulations shall not require any special hearing or approval process for lots that
meet the requirements set forth herein.
Duplex Residential (Two Story)
The duplex residential category is intended to provide for two residential dwelling units per
parcel of land. Each dwelling unit should have its own at -grade direct access from the out -
of- doors. Two - family structures should be developed at densities that do not exceed two
dwelling units per 10,000 square feet.
Townhouse Residential (Two Story)
The townhouse residential category is intended to limit development to townhouse type
dwelling units on parcels of land not less than 10,000 square feet in area. Each dwelling unit
should have its own at -grade direct access from the out -of- doors. Townhouse dwelling
units should be developed at densities that do not exceed one dwelling unit per 7,260 square
feet of site area. Individual parcels which meet the minimum site size of 10,000 square feet
in area could be developed for use as single family residential dwelling units. Zoning
regulations which implement the townhouse category shall prohibit two- family structures;
and, one single- family structure may be permitted to secure a vested right to use any legally
created parcel which does not meet the minimum lot size requirements of this plan and/or
the zoning ordinance.
Multi- Family Residential (Four Story)
The multiple - family residential land use category is intended to provide for residential
densities of up to a maximum of 24 dwelling units per net acre. Multiple - family residential
development shall be designed in order to create environmentally - sensitive and well -
landscaped settings with pedestrian and multi - modal, transit oriented amenities. Zoning
regulations shall be implemented to preserve the existing densities of developed properties
within established districts. Designers should be encouraged to produce unique, flexible,
multi -level projects, such as mixed -use developments, including retail and office uses on
ground floor levels. Zoning regulations for the proposed Park View Townhouse area should
include an option whereby townhouse developments could be permitted at densities not to
exceed 24 dwelling units per acre.
Residential Office (Two Story)
The residential office land use category is intended to provide for the development of very-
low intensity office structures that are similar in development characteristics to single - family
14
homes. Development characteristics shall include but not be limited to height, mass,
volume, parking and landscaping. Buildings shall not exceed two stories. In addition, heavy
landscaping and screening shall be provided for parking areas, trash storage and other non-
residential site characteristics.
15
Commercial Retail and Office (Two -Story)
The commercial retail and office land use category is intended to provide for retail and retail
service 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 T-ra#ie
G"ulatieA Transportation Element by encouraging the containment of development along
existing State and County high- design roadway facilities. (°
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 Tra#ie
Cimulatien Transportation Element by encouraging use of MetroRail system. Pursuant to the
recommendation by the Department of Community Affairs to include a 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 City adopts a
maximum residential density of 24 dwelling 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 minimum, at least one floor must contain residential or retail.
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 incentive programs for redevelopment including flexible building heights and design
standards to insure that responsible, effective and aesthetically pleasing projects result.
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hisiti ,.relings in anceffie ......,I ..I..inUckel ..I...... ...high 11 s c that ap^ •+••L...s....i :..11..
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emphasize dest.. :wr, r.-a ^ ^:h:Ia.. ih h ..rJiw .J..w alS aO- rGAOX9r, 80 M. i'' ii7�9i=iNdi�'R✓- O'ieF114.7'Eii ps�l,....s Rea -
ih -.449 I d D -.91-- fflef�t ReaFi�6'E #�gv�••••hF:bi i h II c eet the avistines ^i... a
:.J h..: ..I...J :......«../i :..I.. .. ..I^ an ...i:... gat hl ^ ^/rr'hie-pipe' hip n..hli,rmrin/�.t.. ..s .. ..1
16
the GiAg ad.. i^ AA-R- o f 7 A Amp chic land use_eate.ase ..h:..h • .:JI A.. ih..
alsy�-� y - -- - - -- - - - - -- -9- /y
wdst77ig AA-R ih I Onel o I i Cada the eaffespen&_
/�,` size _ f 5 I -dr-E ' the Ci do i roc'
iiTiT -7 1 �� 7 7a v
C..rih.. A //c /A/l(l r t .d ii9l 0A1— n- e'_'-a ha11 boa _?
than 758% L.. of the Onnr =ran i ih d ve /n,ar i A. -:d.ri :.J
h II be amater than QaO/ 1. Der ..Kea The
{. i units .. /I ..d ..h ll h based ih ^/eI'f Cite wd....i:-.I -c:i..
..d ..IN..I:..d h.. the ..i of the ..l ..+•clfWied bte the
campeneat as A 211-el _ htava O 'd•.-.i:..1 ..cec m- ����ae.._ /neat ^d on E7.c ice
Tl ged r.d He- re hil i.. :1 op/i..rol /enfef'�: at and o ffic
Gr.: t r A/l.,d:^..
Amendments, dated A';'--v 22, 20074.
Public Institutional Uses (Four -Story)
The public and institutional land use category is intended to provide for public schools,
municipal facilities, utilities, churches, temples, synagogues and similar uses. Areas
designated public and institutional should not be used for other purposes without an
amendment to this plan. Zoning regulations could permit public and institutional uses on sites
not so designated by this plan.
Educational Uses (as a subcategory of the public institutional land use designation)
The "educational uses" land use sub - category is intended to provide for public school 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 hereby defined as public institutions of general
education offering kindergarten through 12'h grade education or some substantial portion
thereof, and are owned and operated by the Dade County Public School system. Building
heights shall not exceed the maximum permitted heights in the surrounding zoning districts;
and in no case shall a building exceed four stories in height.
Parks and Open Space
The parks and open space land use category is intended to provide for public parks, park and
open space areas, including those associated with public schools. Sites designated parks and
open space should not be used for other purposes without an amendment to this land use plan.
Zoning regulations could permit park and open space uses on sites not so designated by this
plan. Land exchange may precede amendment to this plan providing that levels -of- service
established in the Recreation and Open Space Element are maintained, this provision is
included for the purpose of providing for land use designation of future park reconfiguration.
Zoning regulations should permit park- related buildings (e.g., indoor athletic and passive
recreation facilities) on land already designated as Parks and Open Space.
Reason for amendments: Recommendation LU -21. to address EAR Issue II.A., "Development
and Redevelopment ". The amendment entails revisions to the
interpretive text of the Future Land Use Plan Map to create new
districts, or revise existing districts to better reflect local conditions,
issues, or needs.
17
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 subject to the non-
conforming regulations set forth in Land Development Code Section 20 -4.8.
17A
CHAPTER 2
TRANSPORTATION
ELEMENT
is
TRANSPORTATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 8119197, by Ord.No. 20 -97 -1641
Goal 1 To maintain an overall transportation system which does not adversely
affect residential neighborhoods, discourages cut - through traffic in
residential neighborhoods via traffic calming and other appropriate
techniques, and that but whic, M provides for the circulation needs of all
sectors of the community in a safe, efficient, cost - effective and
aesthetically pleasing manner.
Reason for amendment. Recommendation T -1. to address EAR Issue II.A., "Development
and Redevelopment". The amendment reflects concerns about
cut - through traffic raised during the public involvement process.
Objective 1.1 Undertake only those improvements that both facilitate traffic flow and
reduce adverse traffic impact on the neighborhoods, thereby making
neighborhood streets safer. Measurability shall be no major street
widenings. See Objective 1.5 for non - motorized transportation systems
and 1.3 for convenient and efficient motorized transportation.
Policy 1.1.1 The City of South Miami, in its entirety, is located within the Miami -Dade
County's Urban Infill Area, which is designated as Transportation
Concurrence Exception Area. The City's U 9ze the We level -of-
service standards for roadways are as follows%
Principal Arterials "F"
Minor Arterials "F"
Miller Drive "F"
M ME
.per- 9esee; X991. The peak hour level -of- service
standard shall be 150 percent of D capacity for US -1.
2. The peak hour level -of- service standard for Bird Road
shall be 120 percent of E capacity.
19
4. 3. The City will not issue any new - construction permit which
would have the effect of lowering the level -of- service on Bird
Road or US -1 below the levels specified "1, " "2, "and'3" above,
unless such permits are issued pursuant to a development of
regional impact (DRI) approval granted prior to the effective date
of this plan.
Ae C4y of South Miami views these standaF& as meFe featdOtive than
f but aoGepU them as the mest
perm"'r'e3tandarE $- that - are -Ii mly t^e a! -&em the- �I @Fie'e'1
of CommLmity Affa&s. The City
i.+nr/.+rrl are in °rr%r for the fe"wing reasons
Ae City
that
the
XbFida
Dopadment
of Community Maims
undepstands
begeves Fea.CJens ' a'thr
ugh
'W'
ar°
suff ienf
usfif cation fi r -tha
in-!"
'42
J
thFough
above,
be
w4th
the
f
r.
Gensistent
minimize oG"esgen_
Ae City
that
the
XbFida
Dopadment
of Community Maims
undepstands
begeves Fea.CJens ' a'thr
ugh
'W'
ar°
suff ienf
usfif cation fi r -tha
in-!"
'42
J
thFough
above,
be
w4th
the
f
would not
fraffi°
Gensistent
minimize oG"esgen_
Reason for amendment: Recommendation T -2. to address EAR Issue 11 B.,
"Transportation". The amendment deletes obsolete language
and reflects the City's designation as a Transportation
Concurrency Exception Area.
Policy 1. 1.2 Continue to utilize the development plan review process to control
roadway access points and on -site traffic flow.
Policy 1 1. 3 In accordance with applicable State requirements, the City shall
annually review the impacts of its designation as a Transportation
20
Concurrence Exception Area on Strategic Intermodal System facilities
and the adopted level of service standards of transportation facilities
funded in accordance with Section 339.2812, F.S.
Reason for amendment: Recommendation T -3. to address EAR Issue II.B.,
"Transportation". The amendment addresses State
requirements for annual review of the impacts of the
Transportation Concurrency Exception Area designation.
Policy 1 1.4 By 2008, the City shall seek federal, State and local funds to conduct a
Comprehensive Long Range Transportation Study, The Study shall.
evaluate the feasibility of designating the City as a Transportation
Concurrence Exception Area; address all State requirements pertaining
to transportation concurrence exception areas and management areas;
update traffic count information and current roadway Levels of Service;
address intergovernmental coordination issues relating to
transportation; address bicycle and pedestrian connectivity throughout
the City, the maximum ridership capability of MetroRail; and
evaluate the provision of more uniform parking requirements, and
parking issues Citywide.
Reason for amendment: Recommendation T-4. to address EAR Issue II.B.,
"Transportation". The Comprehensive Long Range
Transportation Study is intended to provide the information
necessary to better evaluate the City's short- and long -range
transportation needs and alternatives.
Policy 1 1.5 The City shall continue to identify proiects to support and fund mobility,
enhance alternate modes of transportation, and ensure connectivity in
its Capital Improvements Schedule in accordance with State
requirements. These proiects shall include City- funded proiects and
proiects funded by other agencies that will demonstrably impact the
City's roadway Level of Service Standard.
Reason for amendment: Recommendation T -5. to address EAR Issue II.B.,
"Transportation". The amendment addresses State
requirements pertaining to the Capital Improvements Element.
Policy 1 1 6 By 2010 the City shall evaluate the feasibility of enacting additional
impact fees for transportation, as appropriate.
Reason for amendment: Recommendation T -6. to address EAR Issue II.D., "Fiscal Health
and Government Services ". Additional impact fees are a
potential mechanism for ensuring the City's ability to provide key
infrastructure and services at adopted Levels of Service through
the planning period.
Objective 1.2 Achieve coordination of the Future Land Use Plan and this Element.
See policies for measurability.
21
Policy 1.2.1 Avoid stFeet widening adding any additional traffic lanes,
with the exception of minor non - intrusive intersection improvements
that foster improved traffic operations and management, in
conformance with the Land Use Plan recommendations that can for
protecting and enhancing both the Tie tia neighborhoods and
downtown.
Reason for amendment. Recommendation T -7. to address EAR Issue B.A., "Development
and Redevelopment ". The amendment reinforces the City's
policy against road widening, while ensuring the flexibility
necessary to implement or allow projects to improve traffic
circulation and safety.
Policy 1.2.2 Continue to review and refine the land development code to assure
adequate on -site parking and traffic flow through site plan reviews.
Policy 1:2.3 By 2010, the City shall examine the specific parking bonus provisions
and percentages associated with the Transit Oriented Development
Districts in order to determine the extent to which such provisions have
been effective in furthering redevelopment and transit goals, and if they
should be reduced or otherwise adjusted in order to lessen the parking
deficit. The Parking Board shall be involved in any decision making.
Reason for amendment. Recommendation T -8. to address EAR Issue II.A., "Development
and Redevelopment". The amendment addresses parking
concerns raised during the public participation process.
Policy 1.2 .4 The City shall investigate strategies to increase public awareness of the
availability of parking facilities in the City, and the linkages between
these parking facilities and destinations.
Reason for amendment: Recommendation T -9. to address EAR Issue II.A., "Development
and Redevelopment ". The amendment addresses parking
concerns raised during the public participation process.
Policy 1.2.5 The City shall implement strategies recommended in the 2004
Downtown Parking Study to increase the available parking spaces in
the Hometown District.
Reason for amendment. Recommendation T -9. to address EAR Issue II.A., "Development
and Redevelopment': The amendment addresses parking
concerns raised during the public participation process.
Policy 1.2 .6 The City shall consider parking to be part of the required infrastructure
for new development, and new developments are responsible for
ensuring that adequate parking is planned accordincily. The Parking
Board shall be involved in any decision making.
Reason for amendment. Recommendation T -10. to address EAR Issue H.A., "Development
and Redevelopment ". The amendment addresses parking
concerns raised during the public participation process.
22
Policy 12 7 The City shall seek to reduce negative transportation impacts on
neighborhoods through such strategies as traffic calming, reduced
travel lanes wider sidewalks medians, and landscaping. In school
areas strategies to reduce adverse impacts of bus traffic through the
provision of sidewalks bicycle paths and reconfigured bus loading
areas should be considered and coordinated with Miami -Dade County
Public Schools as appropriate.
Reason for amendment. Recommendation T -11. to address EAR Issue II.A., "Development
and Redevelopment". The amendment reflects concerns about
transportation impacts on neighborhoods raised during the
public involvement process.
Objective 1.3 Coordinate City transportation planning with regional agencies to
facilitate convenient and efficient motorized transportation. See
policies for measurability.
Policy 1.3.1 Work with the MPO and other regional transportation planning officials
to secure changes in their plans to widen State and County roadways
within the City of South Miami.
Policy 1.3.2 By1-999, The City shall undertake facility and program improvements
(such as the Trolley and other transportation modes), as necessary and
in coordination with other agencies, to enhance use of Metrorail and
buses including adequate access to the Metrorail Transit Station to
facilitate convenient and efficient "motorized" transportation.
Reason for amendment. Recommendation T -14. to address EAR Issue 11 B.,
Transportation ". The amendment supports the development of
multi -modal transportation options in the City.
Policy 1.3.3 Work with the MPO to achieve bus service to major employment
concentrations.
Policy 1.3.4
and i - tit ti foal sites in the Tr n it O ented evekWment rii &kt in
eGniunotion with the South Miami Uetr-oFaif Tmnsft Stagom (97-1
The City shall annually evaluate its Trolley Service to determine whether
it should be maintained and /or expanded.
Reason for amendment. Recommendation T -15. to address EAR Issue /I.B.,
Transportation". The amendment recognizes the establishment
of the shuttle system, and the need for its evaluation on an
ongoing basis.
Policy 1.3 .5 The City shall coordinate with other agencies, including Miami -Dade
County Public Schools, Miami -Dade County, and surroundm_g
iurisdictions to mitigate negative transportation impacts on
neighborhoods that might result from school traffic or specific proiects.
23
Reason for amendment: Recommendation T -12. to address EAR Issue II.A., "Development
and Redevelopment ". The amendment reflects concerns about
transportation impacts on neighborhoods raised during the
public involvement process.
Policy t 3 6 The City shall coordinate with the Miami -Dade County Metropolitan
Planning Organization Miami -Dade Transit, the Florida Department of
Transportation and other agencies as appropriate in order to ensure
the timely provision of a pedestrian overpass that will connect the
Metrorail Station to the downtown area east of US -1. In addition, the
City shall provide pedestrian friendly crosswalks at all intersections.
Reason for amendment. Recommendation T -13. to address EAR Issue I1.A., "Development
and Redevelopment". The amendment reflects concerns about
safety and the disconnection of the downtown area from
MetroRail raised in the public involvement process.
Objective 1.4 Protect existing street rights -of -way including access points.
Policy 1.4.1 Although no collector or arterial widenings are recommended by the
City at this time, use development plan reviews and other means to
protect existing rights -of -way, in order to prohibit any further pavement
widening.
Policy 1.4.2 Use the site plan and plat process to control curb cuts on public
streets.
Objective 1.5 Continue to refine and develop detailed plans for new sidewalks and
additional bikeways and begin knpMmen1aUen.--1&_R&rL of the
Comprehensive Long Range Transportation Study.
Reason for amendment. Recommendation T-16. to address EAR Issue II.B.,
"Transportation ". The amendment supports the development of
multi -modal transportation options in the City.
Policy 1.5.1 Continue to refine and update a detailed bikeway plan including access
to the Metrorail Transit Station and adequate on -site storage
requirements through development code site plan requirements and as
part of the Comprehensive Long Range Transportation Study.
Reason for amendment: Recommendation T -20. to address EAR Issue II.B.,
"Transportation". The amendment supports the development of
multi -modal transportation options in the City.
Objective 1.6 By 199&,
GGnftwGU,9n with the approved Me&o Dade County transpa#UNQ
Station and all development lerated east of the Palmeft ExpmsswW.
The City of South Affami is lorated-in the County management aFea-. JV
1ER) (e7 The City of South Miami in its entirety, is located within
the Miami -Dade County's Urban Infill Area, which is designated a
24
Transportation Concurrence Exception Area. Maintain this designation
unless an alternative such as a Transportation Concurrence
Management Area is deemed more appropriate as the result of the
Comprehensive Long Range Transportation Plan or other plans or
studies.
Reason for amendment: Recommendation T -17. to address EAR Issue II.B.,
Transportation". The amendment reflects the City's location in
the Transportation Concurrency Exception Area, and the need to
evaluate the areas efficacy.
Policy 1.6.1 A proposed development will not be denied a concurrency approval for
transportation facilities provided that the development is otherwise
consistent with adopted Comprehensive Plan and it meets the following
criteria pursuant to Section 163.3180 of the Florida Statutes:
1. The proposed development is located within the established
Redevelopment and Infill District [RID]; and
2. If the project would result in an increase in peak - period traffic
volume on a Florida Interstate Highway System [FIHS] roadway
that is operating below any adopted level -of- service standard,
which increase would exceed two (2) percent of the capacity of
the roadway at the adopted standard, the City shall require the
developer and successors to implement and maintain trip
reduction measures to reduce travel by single- occupant vehicles
so that the resultant increase in traffic volume does not exceed
two (2) percent.
Policy 1.6.2 The City of South Miami shall include in its concurrency management
program appropriate rules that address this policy and are consistent
with requirements contained in Chapter 163, Part ll of Florida Statutes.
Policy 1.6.3 The prGpeseel Redevelopment and Infill District [RID] will continue to be
included in the adopted Future Land Use Map. Boundary changes will
require an amendment to this Plan. See Figure 2.10 which indicates the
boundaries of RID and TODD.
Reason for amendment: Recommendation T -1& to address EAR Issue 11 B.,
Transportation". The amendment reflects the inclusion of the
referenced district on the Future Land Use Plan Map.
Policy 1.6.4 The City of South Miami will continue to update the City's adopted
Comprehensive Plan as specific information becomes available from
the Metropolitan Planning Organization, Metropolitan Dade County
government and State of Florida departments and agencies.
Policy 1.6.5 Regarding the Future Traffic Circulation Map, the City of South Miami
will work to secure changes in the County's recent re- designation of SW
56`h Street (Miller Road) and SW 67`h Avenue (Ludlum Drive) to prevent
any road widening, pursuant to Policy 1.2.1, and in order to achieve
25
consistency with the Metro -Dade County CDMP. Please note that these
roadways serve only residential uses in the City of South Miami and
should not be designated by the County for higher capacity and lane
expansion within City limits.
tasks 'r'#h n theee-menths of iiugust4, 199 in o#dci to be F nd in
POYGY 1.6-.7 InteFkn Pefley.-- Me City of South Miami shall oemplete the fego asks wft in six month of August 4; -199 &, in eFder to-be- faun -in
26
lewwis-ef-seFViGe
an
s
cerise- needs,
is funotioning
and
will identify
needs
whioh
show that the
system
POYGY 1.6-.7 InteFkn Pefley.-- Me City of South Miami shall oemplete the fego asks wft in six month of August 4; -199 &, in eFder to-be- faun -in
26
Reason for amendment. Recommendation T -19. to address EAR Issue II.B.,
Transportation ". The amendment removes two interim policies
that are no longer relevant.
Policy 1.6.6. In accordance with applicable State requirements, the City shall
annually review the impacts of its designation as a Transportation
Concurrence Exception Area on Strategic Intermodal System facilities
funded in accordance with Section 339.2812, F.S. This review will
entail at a minimum, the preparation and /or examination of updated
traffic count information for key roadway segments in order to
determine current roadway Levels of Service, and how they have
improved or deteriorated since the last count was conducted. In
addition the potential impacts of proposed developments and
redevelopment on roadway Levels of Service shall be evaluated on an
ongoing basis.
Reason for amendment. Recommendation T -21, to address EAR Issue /I.B.,
"Transportation". The amendment addresses State
requirements for annual review of the impacts of the
Transportation Concurrency Exception Area designation.
27
its Wan&pegatiqn,
land use an
espeGially provisions addressing
the availabMity of faGMesy an
Reason for amendment. Recommendation T -19. to address EAR Issue II.B.,
Transportation ". The amendment removes two interim policies
that are no longer relevant.
Policy 1.6.6. In accordance with applicable State requirements, the City shall
annually review the impacts of its designation as a Transportation
Concurrence Exception Area on Strategic Intermodal System facilities
funded in accordance with Section 339.2812, F.S. This review will
entail at a minimum, the preparation and /or examination of updated
traffic count information for key roadway segments in order to
determine current roadway Levels of Service, and how they have
improved or deteriorated since the last count was conducted. In
addition the potential impacts of proposed developments and
redevelopment on roadway Levels of Service shall be evaluated on an
ongoing basis.
Reason for amendment. Recommendation T -21, to address EAR Issue /I.B.,
"Transportation". The amendment addresses State
requirements for annual review of the impacts of the
Transportation Concurrency Exception Area designation.
27
CHAPTER 3
HOUSING ELEMENT
F
GOALS, OBJECTIVE AND POLICIES
HOUSING ELEMENT
Adopted 8119197, by Ord.No. 20 -97 -1641; Amended 31712000, by Ord.No. 3 -00 -1705
Goal To assure the availability of sound and affordable housing for all
current and future residents of the City of South Miami with special
focus on infill and redevelopment and to include housing units in the
Hometown District. It is recognized that the choice of location rests
with the individual and that the City's role is to implement policies that
expand choices.
Reason for amendment. Recommendation H -1. to address EAR Issue II.A., "Development
and Redevelopment ". The amendment recognizes the City's role
in expanding housing choices and options for existing and
future residents.
Objective 1.1
Thmugh teohniGal assistanoe, LThe City shall support public and private
'Win'
efforts to
provide at least 100 additional housing units, and aspire for the creation
of 200 additional units, the City can aGGemMedate by 1999 2015.
Additionally, the City shall seek to provide an adequate supply of
housing units that are affordable to households of all incomes,
including the middle income sector, in proportions that are reflective of
housing demands and needs in residential proiects and communities.
Reason for amendment. Recommendation H -2. to address EAR Issue II.A., "Development
and Redevelopment ". The amendment reflects goals established
by the City's Affordable Housing Advisory Committee.
Policy 1.1.1
Utilize the Future Land Use Plan and zoning map to assure a diversity of
housing types.
Policy 1. 1.2
Continue a municipal development application review process that
minimizes delay yet assures quality control.
Policy 1. 1.3
DeveW legislation fGF the identffied study area in Char-rette I/
d ie inGFe e
e.+h Mee,11e t .. �+
r4v te_home ewner c.hir. (97_10? The
s r
City shall continue to address affordable housing and redevelopment
needs in its Community Redevelopment Area through 2010-2015
through such activities as a charrette process, the Single Family Infill
Program the Multi - Family Housing Master Plan, and the Residential
Rehabilitation Grant Program.
Reason for amendment: Recommendation H -3. to address EAR Issue II.A., "Development
and Redevelopment ". The amendment reflects affordable
housing programs being implemented through the City's
Community Redevelopment Agency.
Objective 1.2 The
City shall seek to correct a 'mate all existing hazardous units in the
city by 2015.
Reason for amendment. Recommendation H -4. to address EAR Issue II.A., "Development
and Redevelopment". The amendment updates the date and
timeline.
Policy 1.2.1 Enforce the City codes to achieve correction of substandard housing.
Policy 1.2.2 Provide referrals to County HUD for use of County Community
Development Block Grant (CDBG) funds for housing rehabilitation
loans.
Policy 1.2.3
strengthens the indivklual identity of eaoh neighberheed and the C4
as a w;oler-By 2010 the City shall enact an ordinance to establish more
stringent standards for "tear downs" and new development in
established neighborhoods and by 2015, the City shall seek to
encourage rehabilitation of historic buildings
Reason for amendment: Recommendation H -5. to address EAR Issue II.A., "Development
and Redevelopment ". The amendment addresses concerns
about tear downs and redevelopment in existing neighborhoods,
and updates the dates and timelines.
Objective 1.3 T-. o eFeate — andmaintain affordable— housing —for -all GuRe t a...�
re • / +%GGRSt7 GUOn of 30 unit of fferdable housing ir .end an
xjFams and pFojeots by the year- 2010 OvduGing the ful-
W4.
The City and its Community
Redevelopment Agency shall continue to coordinate with public and
private agencies to meet the affordable housing needs of low and
moderate income residents through the implementation of specific
programs, in accordance with adopted plans.
Reason for amendment: Recommendation H -6. to address EAR Issue II.A., "Development
and Redevelopment". The amendment reflects affordable
housing programs being implemented through the City's
Community Redevelopment Agency.
30
Policy 1.3.1 Utilize the Future Land Use Plan and zoning maps, making special use
of mixed -use districts, to provide for areas which promote very4ow-
income, low - income, and moderate - income households, while
attempting to avoid the concentration of these household in specific
areas of the City.
Policy 1.3.2 Utilize existing Federal, State, County, municipal, and private programs
which assist individuals with home ownership through such means as
subsidies, loans, loan guarantees, counseling or through other similar
means, including such programs as the County Surtax Mortgage
Program.
Reason for amendment. Recommendation H -7. to address EAR Issue ILA., "Development
and Redevelopment". The amendment reflects programs that
might be implemented by the City and its Community
Redevelopment Area.
Policy 1.3.3 The City's Community Redevelopment Agency will implement its New
Housing Program in order to rant pmper-ty and pro
units—provide for the construction of affordable housing units in
accordance with its adopted Redevelopment Plan.
Reason for amendment. Recommendation H -8, to address EAR Issue II.A., "Development
and Redevelopment". The amendment recognizes the role of the
Community Redevelopment Plan in setting benchmarks for
Community Redevelopment Agency programs.
Policy 1.3.4 The City's Community Redevelopment Agency will provide additional
incentives to private developers to construct projects with affordable
housing units.
Policy 1.3.5 The City will support and assist the efforts of private organizations to
construct at least five affordable housing units per year.
Reason for amendment: Recommendation H -9. to address EAR Issue II.A., "Development
and Redevelopment". The amendment recognizes the role of
both public and private organizations in the provision of
affordable housing.
Policy 1.3.6 The City and the County will jointly support development in the Rapid
Transit Zone in order to encourage mixed - use /residential multi- family
projects containing affordable housing units.
Policy 1.3.7 The City will work with the South Florida Regional Planning Council to
help implement a regional policy to produce affordable housing units.
Objective 1.4 Operate sensitive historic preservation programs.
Policy 1.4.1 The City's Historic Preservation Board [HPB] shall perform the requisite
historic preservation activities for South Miami in conformance with the
31
current City ordinances; none of the four- mpeF&s -noted Gn Figum 1.4
-h..H be d°,, e&he -d no historically - designated buildings in the City
should be demolished or altered unsympathetically.
Reason for amendment. Recommendation H -10. to address EAR Issue ILA.,
"Development and Redevelopment": The amendment recognizes
that additional buildings may be designated historic.
Obiective 1.5 The City shall consider the adoption of voluntary or mandatory zonin_g
regulations as promulgated by Miami -Dade County to produce
additional affordable housing units Citvwide.
Policy 1.5. 1 When additional development permissions that will result in the
addition of ten or more new units are granted, the new development
should designate 20 percent of the new units as low and moderate
housing units For developments of less than ten units, the developer
shall contribute a funding set -aside for low and moderate income units.
Policy 1.5.2. In consideration of a developer's provision of affordable housing, the
City shall consider -grantinq a density increase
Proportional to the number of units provided but not exceeding a 20%
increase, to the extent that such an increase is compatible with
surrounding development and site characteristics.
Policy 1.5.3. The City shall support the establishment of area wide affordable
housing goals, and participate as appropriate in the development and
implementation of the South Florida. Regional Planning Council's
Regional Affordable Housing Strategy.
Reason for amendments (new Objective 1.5 and policies thereunder):
Recommendation H -11. to address EAR Issue II.A.,
"Development and Redevelopment". The amendment outlines
specific strategies that the City may implement to further the
achievement of affordable housing goals.
32
CHAPTER 4
INFRASTRUCTURE ELEMENT
33
INFRASTRUCTURE ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 8119197, by Ord.No. 20 -97 -1641
Goal 1 To provide and maintain the public infrastructure in a manner that will
insure public health, safety and quality of life.
Objective 1.1 The City's Public Works Department shall technically assist the County
in providing adequate sewage disposal in conformance with regional
environmental policies; and, the City will urge the County to extend
sewers into the Brewer Canal Corridor by 2010.
Reason for amendment: Recommendation 1 - -1. to address EAR Issue II.D., "Fiscal Health
and Government Services". The amendment updates the date.
Policy 1.1.1 The City shall cooperate with the County on programs to extend the
sanitary sewer system to those houses still served by septic tanks and
with lot sizes of less than one acre particularly in the Brewer Canal area
north of Sunset Drive.
Policy 1. 1.2 Continue the City policy of requiring major new development to tie into
sanitary sewers, if feasible.
Policy 1. 1.3 Cooperate with the County on any program to reduce groundwater
infiltration into the existing sewer lines.
Policy 1. 1.4 Sanitary sewer level -of- service for sewered areas shall be as follows:
the project flow plus the maximum day flow (the average of the five
highest daily flows) of the preceding calendar year shall not exceed 98
percent of the county treatment system's rated capacity. Otherwise,
septic tanks shall be the level -of- service.
Objective 1.2 Maintain solid waste collection services to residents and businesses
within the City at the current level -of- service. See policy for
measurability.
Policy 1.2.1 Pursuant to the City's interlocal agreement with Metropolitan Dade
county for use of the county Solid Waste Management System, the
County shall insure that the System, which includes County-owned
solid waste disposal facilities and those operated under contract with
the County for disposal, for a minimum of five years, collectively
maintain an amount of solid waste disposal capacity sufficient to
accommodate waste flows committed to the System through long -term
interlocal agreements or contracts with municipalities and private waste
haulers, and anticipated non - committed waste flows.
Policy 1.2.2 Monitor the demand at the County Transfer Facility to assure adequate
capacity for the City.
34
Policy 1.2.3 The City and County shall formalize a 30 percent recycling program.
Objective 1.3 The City shall continue to implement an
environmentally sensitive program of drainage improvements to correct
deficiencies through its Citywide Stormwater Drainage Improvement
Program.
Reason for amendment: Recommendation 1 - -3. to address EAR Issue I/ D., "Fiscal Health
and Government Services". The amendment recognizes the
City's Stormwater Drainage Improvement Program, and its
program of improvements.
Policy 1.3.1
to de.e..,,: a .•hn.e :», °a The City shall continue
to implement improvements to avoid major ponding and direct outfall
problems through its Stormwater Drainage Improvement Program, and
by requiring new development including single family development, to
perform drainage calculations to ensure no net increase in runoff.
Reason for amendment. Recommendations I - -2. and 1 -4. to address EAR Issue II.D., "Fiscal
Health and Government Services". The amendment recognizes
the City's Stormwater Drainage Improvement Program, and its
program of improvements.
Policy 1.3.2 The City's adopted Level of Service Standard for stormwater drainage
shall be protection from the degree of flooding that would result from a
flood that has a one - percent chance of being equaled or exceeded in
any given year.
Reason for amendment: Recommendations 1 -5. to include a stormwater drainage Level of
Service Standard in accordance with growth management
requirements and the Flood Damage Prevention Ordinance.
Objective 1.4 The City will continue to Ceeperate coordinate with the County in Gr-der
swr them to upgrade jag all substandard water mains and laterals within
the City by 1 9.
Reason for amendment. Recommendation 1 -6. to address EAR Issue II.D., "Fiscal Health
and Government Services ". The amendment updates the date
and recognizes ongoing coordination efforts with the County.
Policy 1.4.1 The City shall monitor water pressure in the distribution system and
cooperate with the County on a program to set priorities for replacing
undersized lines, thereby correcting existing deficiencies and meeting
future needs (i.e., the area of the lowest water pressure receive highest
priority).
Objective 1.5 The City shall cooperate with the County in its maintenance of the
current water level -of- service.
35
Policy 1.5.1 The County shall provide a level -of- service such that the project flow
plus the maximum day flow (the average of the five highest daily flows)
of the preceding calendar year shall not exceed 98 percent of the
County treatment system's rated capacity.
Objective 1.6 Assist the County in implementing its proposed water conservation
program.
Policy 1.6.1 Assist the County in implementing its water conservation program
including plumbing inspections and xeriscape park or median
plantings.
Policy 1.6.2 The City shall support, as appropriate, Miami -Dade County Water and
Sewer Department (WASD) development and implementation of the
Water Supply Facilities Work plan required by Florida Statute, and the
water conservation effort of other agencies. Moreover, the City shall
coordinate as appropriate with WASD to assist in efforts to achieve its
Five Year Water Efficiency Plan -goal of 155 -gallons per capita per day.
Reason for amendment: Recommendation 1 -7. to address requirements of Chapter 163,
Florida Statutes, and reflect the City's support of County
conservation efforts.
Objective 1.7 Cooperate with the County, Regional and State agencies in the
protection of natural groundwater aquifer recharge.
Policy 1.7.1 Continue to require natural infiltration of stormwater runoff into the
groundwater through development code reviews of new construction
and drainage system improvements.
Note: Objective 5.011(3(b)3 relative to sprawl is not applicable due to the built -
out nature of the City; and Objective 9J- 5.011(2)(b), Is not applicable
since the City has no solid waste deficiencies. Editor's Modification for
format purposes only, August 19, 1997.
36
CHAPTER 5
CONSERVATION ELEMENT
37
CONSERVATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 10116101, by Ord.No. 26 -01 -1757
Goal To preserve and enhance the significant natural features in South
Miami.
Objective 1.1 In order to help achieve compliance with State Departmental
Environmental Regulations on air quality, include appropriate
landscaping provisions in a revised development code, and include
public landscaping and bikeway improvements in the general fund.
Policy 1.1.1 Continue to both require landscaping as a part of new private
development and landscape public areas in order to minimize air
pollution.
Policy 1. 1.2 The Transportation Element emphasizes use of expressways by
commuters in order to minimize traffic idling on streets within South
Miami, work with the Metropolitan Planning Organization [MPO] in this
regard.
Policy 1. 1.3 Continue to encourage the use of Metrorail, bicycles and other
alternatives to the automobile through capital improvements.
Objective 1.2 Utilize drainage Best Management Practices to minimize water pollution
particularly in the Snapper Creek Canal and Orr wellfield cone of
influence; supplement with improvement projects.
Policy 1.2.1 The City's review of development applications (and any City drainage
projects) shall use retention and, subsurface drains, that are acceptable
to the South Florida Water Management District and the Dade County
DERM.
Policy 1.2.2 The City shall cooperate with State and County agencies in protecting
the wellfield that abuts the City's western boundary; include in revised
development code as necessary, including hazardous waste controls.
(See Land Use Plan and Infrastructure Elements.)
Policy 1.2.3 The City shall cooperate with the Miami -Dade Water and Sewer
Department in the extension of sanitary sewer lines in order to replace
septic tank usage (particularly in the Brewer Canal Corridor).
Policy 1.2.4 Cooperate with the Dade County DERM to eliminate any future leaking
underground tanks or clean -up sites.
Policy 1.2 5 The City shall continue to preserve its natural areas and open space to
ensure the protection and enhancement of groundwater quality and
recharge capacity.
38
Objective 1.3 Continue to protect, restore and enhance remaining tree stands, natural
plant communities, and other significant vegetation and wildlife
habitats.
Policy 1.3.1 The City's EnviFe meat ' Review and PFeseFvation ea will continue
to monitor and preserve vegetative communities and the natural
functioning of the City's soils, canals and wildlife habitat.
Reason for amendment: Recommendation C -1, to address EAR Issue ILD., "Fiscal Health
and Government Services ". The amendment correctly reflects
the City's role and the function of the Environmental Review and
Preservation Board.
Policy 1.3.2 Retain the natural features character of Fuchs, Dante Fascell and
Brewer Parks.
Policy 1.3.3 The City shall undertake the acquisition of natural areas and open
space, using a variety of grant funding methods, in coordination with
Federal, State, and County agencies and non-profit organizations. .
Objective 1.4 Assist the County in implementation of its proposed water conservation
program.
Policy 1.4.1 The City shall assist the County in its proposed water conservation
program through plumbing requirements, and xeriscape plant materials
in medians and parks.
Policy 1.4.2 The City shall support, as appropriate, Miami -Dade County's
development and implementation of the Water Supply Facilities
Workplan required by Florida Statute and the water conservation effort
Water Efficiency Plan -goal of 155 gallons per capita per day.
Reason for amendment. Recommendation C-2. to address requirements of Chapter 163,
Florida Statutes, and reflect the City's support of County
conservation efforts.
Note: Policies 9J- 5.013(2)(c)5, 6, 8 and 9 are not applicable due to the very
limited amount of natural water bodies, vegetation and wildlife.
39
CHAPTER 6
RECREATION AND OPEN SPACE
ELEMENT
RECREATION AND OPEN SPACE ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 10116101, by Ord.No. 26 -01 -1757
Goal 1 To ensure the availability of adequate park facilities and open space for
the citizens of South Miami.
Objective 1.1 The City shall
provide at least four acres of recreation and open space per 1,000
residents, and coordinate with other public and private agencies in the
provision of recreational opportunities to current and future residents.
Reason for amendment: Recommendation PR -1. to address EAR Issue II.C., "Parks and
Recreation". The amendment references the City's adopted
Level of Service Standard.
Policy 1.1.1 Retain the existing park acreage (includes City and School Board
recreation acreage) and facilities, thereby providing a level -of- service
standard of 4 acres per 1,000 population. See Table 6 -3 for facility
standard guidelines.
Policy 1. 1.2 Continue the recent budget emphasis upon park facility maintenance
plus enhancement projects such as lighting and rest rooms, undertake
additional acquisition of property for recreation and open space as
additional population warrants, in conjunction with a variety of available
grant funding options, including but not limited to -grants, impact fees,
and required dedications.
Reason for amendment. Recommendation PR 2. to address EAR Issue 11 C., "Parks and
Recreation ". The amendment reflects the variety of potential
funding sources for parks and recreation.
Policy 1. 1.3 Monitor citizen views on park facility needs and usage as a basis for
facility and program planning.
MLMTNF��- Z 32-
Reason for amendment. Recommendation PR -3. to address EAR Issue II.C., "Parks and
Recreation ". New community recreation facilities have been
provided in Murray Park and at the YMCA site, therefore
implementing and fulfilling the intent of this Policy.
Policy 1 14 By 2010, the City shall identify and seek to secure funding from
appropriate and available funding sources in order to conduct a
comprehensive Recreation and Open Space Master Plan in order to:
41
revisit and clarify park standards, including the adopted Level of
Service Standard • identify the specific recreation and open space needs
of City residents; develop a strategic plan for comprehensive
improvements to the existing and planned recreation and open space
system; identify additional opportunities to enhance the recreation and
open space system through -grants impact fees and other app ropr ►ate
sources; identify appropriate staffing levels and commun►tV
involvement strategies; evaluate the inventory of City -owned land, and
the feasibility of using such lands in the creation of new "pocket
parks "; evaluate the feasibility of establishing a land bank for parks,
and • establish a schedule for the Plan's periodic update.
Reason for amendment: Recommendation PR -4. to address EAR Issue II.C., "Parks and
Recreation". The referenced Plan will assist the City in its
efforts to meet the recreation needs of existing and future
residents.
Policy 1.1.5 By 2010 the City shall evaluate the feasibility of instituting impact fees
and other mechanisms by which all private development is assessed its
fair share of the costs associated with providing recreation and open
space land and services.
Reason for amendment: Recommendation PR -5, to address EAR Issue II.C., "Parks and
Recreation". Impact fees will enhance the City's ability to meet
the demand for recreation and open space generated by new
development and redevelopment that will increase the residential
population.
Policy 1 1 6 The City shall monitor the availability of adequate park space to meet
the demand -generated by the issuance of residential, multi - family
residential, or the residential component of a mixed -use development
building permits on an ongoing basis as part of its Concurrence
Management System.
Reason for amendment: Recommendation PR -6 to address EAR Issue II.C., "Parks and
Recreation". The amendment reflects the City's efforts to meet
and exceed its adopted Level of Service Standard for recreation
and open space.
Objective 1.2 Through coordination with public and private, agencies, the City shall
make certain that the six supplemental recreational and open space
facilities in the City plus two nearby County parks remain available at
reasonable hours and conditions.
Policy 1.2.1 The city shall work the County school and park officials to assure that
their recreation facilities continue to help meet South Miami citizen
needs.
Policy 1.2.2 The City Recreation Department shall continue to coordinate its
programming with such quasi - public facilities as the YMCA.
42
Policy 1.2.3 Participate in planning for greenways and trails, in conjunction with
State, County and other local government jurisdictions.
Policy 1.2 .4 The City Recreation Department shall coordinate with the South Florida
Sports League or other similar organizations to assure that their
recreational programs are available to all residents in the City of South
Miami.
Reason for amendment. Recommendation PR -6. to address EAR Issue II.C., "Parks and
Recreation". The amendment reflects the City's efforts to meet
and exceed its adopted Level of Service Standard for recreation
and open space
Objective 1.3 To retain public access to all sevep City parks plus -the and community
centers {including shoreline access at sat@ canal -front parks).
Reason for amendment: Recommendation PR -7. to address EAR Issue It. C., "Parks and
Recreation ". The amendment removes numerical references in
recognition of the fact that the number of parks is subject to
increase.
Policy 1.3.1 The City shall continue to assure full public access, within the __at
apar-epriate hours set forth in the City Code, to its parks, park
shorelines along the canals and the community
centers. . Undertake
opportunities for additional waterfront recreation facilities, when
suitable properties become available.
Reason for amendment. Recommendation PR -8. to address EAR Issue II.C., "Parks and
Recreation". New community recreation facilities have been
provided in Murray Park and at the YMCA site.
Policy 1.3.2 The City shall assist the Metropolitan Dade County Department of
Environmental Resource Management in the protection and
preservation of the Girl Scout Park as a "natural forest community, " for
as long as the park is designated by DERM as a "natural forest
community."
43
CHAPTER 7
INTERGOVERNMENTAL
COORDINATION
ELEMENT
44
INTERGOVERNMENTAL COORDINATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 31712000, by Ord-No. 2 -00 -1704
Goal To maintain or establish processes to assure coordination and
communication with other governmental entities for the purpose of
addressing and resolving issues of mutual interest that arise from the
local government's Comprehensive Plan and plans of others.
Objective 1.1 The City shall annually review the comprehensive plans of other
jurisdictions which impact the city of South Miami, in order to identify
and resolve conflicts with the City's Comprehensive Plan, including
concurrency related issues.
Policy 1.1.1 The City shall annually review the comprehensive plans of Miami -Dade
County, the City of Coral Gables, the Village of Pinecrest and other
abutting jurisdictions.
Policy 1. 1.2 The City will annually review the plans and reports of special district
service providers, including but not limited to: Miami -Dade Water and
Sewer Department; the South Florida Water Management District; and
the South Florida Regional Planning Council.
Policy 1. 1.3 The City will coordinate with the above listed service providers that
have no regulatory authority over the use of land to develop
recommendations that improve coordination of the City's concurrency
management methodologies, systems, and levels -of- service.
Policy 1. 1.4 The City will coordinate with staff of the independent special district
authorities in order to resolve conflicts and to identify appropriate
amendments to the City's Comprehensive Plan.
Objective 1.2 The City will identify and implement procedures to allow for joint
planning areas and the resolution of issues generated in joint planning
areas.
Policy 1.2.1 The City shall confer with Miami -Dade County and other jurisdictions,
as appropriate, to establish a coordinated approach to the
consideration of future annexation efforts and to the delivery of
municipal services to enclaves (unincorporated areas).
Policy 1.2.2 The City will review the appropriateness of submitted annexation
requests specifically to determine the levels of service to be provided,
the cost of annexation to taxpayers, revenue estimates, expenditures,
consistency and compatibility of development patterns, and the
contiguity of proposed boundaries.
Policy 1.2.3 The City shall coordinate with officials from Miami -Dade County, the
City of Coral Gables, and the Village of Pinecrest; the Florida
M
Department of Transportation; the South Florida Water Management
District; and the South Florida Regional Planning Council in order to
establish a planning process to identify, review, and address issues of
mutual interest relating to abutting boundaries and to enter into
agreements with these jurisdictions in regards to appearance,
compatibility, service delivery and mutual aid.
Policy 1.2.4
The City may use the South Florida Regional Planning Council's dispute
resolution process when necessary to mediate the resolution of
conflicts with other local governments and regional agencies as it
pertains to land uses and the goals, objectives, and policies of the
Comprehensive Plan.
Policy 1.2.5
The City will participate as a member of the Miami -Dade Planners
Technical Committee and will encourage implementation of co-
operative policies and procedures as may be developed by the
Committee.
Objective 1.3
The City will identify and establish joint processes with other local
agencies for collaborative planning on population projections, school
siting, facilities subject to concurrency, facilities with countywide
significance, and problematic land uses.
Policy 1.3.1
The City will coordinate with the Miami -Dade County Planning
Department in order to develop countywide population projections that
include expected growth and /or changes; said changes to be shown in
the South Miami Comprehensive Plan.
Policy 1.3.2
The City will advise the Miami -Dade Public School System of population
projections used in its Comprehensive Plan as it relates to the future
needs for school improvements and school expansions in South Miami.
Policy 1.3.3
The City will annually review the Miami -Dade Public Schools' 5, 10, and
15 -year facility plans for siting of new schools and the expansion of
existing schools within the City's jurisdiction for consistency with the
City's Comprehensive Plan. This review will be done at the staff level
and by attendance at public hearings conducted by the Miami -Dade
Public School System for specific site plans.
Policy 1.3.4
The City will notify the School Board of any proposed land use
amendments to the Comprehensive Plan which could impact the
Board's long -range facility plans.
Policy 1.3.5
,
The City
shall continue to coordinate with Miami -Dade County Public Schools in
accordance with the 2003 Interlocal Agreement for Public School
Facility Planning in Miami -Dade County, as it may be periodically
updated
46
Reason for amendment: Recommendation IC -1, to address EAR Issue II.D., "Fiscal Health
and Government Services". The amendment recognizes the
2003 Interlocal Agreement.
Policy 1.3.6 The City will coordinate with the appropriate agencies in order to assure
adequate provision of county wide facilities. These agencies shall
include, but not be limited to: Miami -Dade Waste Collection - for waste
disposal, the Miami -Dade Transit Department and the Metropolitan
Planning Organization - for mass transit; and the Miami -Dade Public
Works Department and the Florida Department of Transportation - for
maintenance of roads and bridges.
Policy 1.3.7 The City will coordinate with the emergency management program of
Miami -Dade County by notifying the County of any current or future
land use policies or population changes which would affect hurricane
shelters or emergency evacuation routes.
Policy 1.3.8
The City shall coordinate with the following agencies to assure that its
concurrency data and levels -of- service for roadways, drainage and
potable water supply are appropriate: Florida Department of
Transportation, Miami -Dade County Water and Sewer Department,
South Florida Water Management District, and South Florida Regional
Planning Council.
Policy 1.3.9
The City will review its locational standards on problematic (unwanted)
land uses in order to determine if conflicts exist between its regulations
and neighboring jurisdiction regulations, and to consider how to
resolve any conflicts found.
Policy 1.3. 10
The City may participate with Miami -Dade County, the South Florida
Regional Planning Council, and other appropriate committees, in order
to promote a more efficient regional approach to the location of
problematic or unwanted land uses.
Policy 1.3. 11
The City will participate with Miami -Dade County in the planning and
implementation of the County's Hazard Mitigation Plan, as it impacts the
City of South Miami.
Objective 1.4
The City will implement a program to identify and resolve conflicts
between its regulations and the land use of neighboring jurisdictions.
Policy 1.4.1
The City will notify and solicit comments from adjacent jurisdictions
and the School Board of any requests for land use amendment,
variance, conditional uses or site plan approvals which impact property
within 500 feet of a public school or within 500 feet of the boundaries of
an adjacent jurisdiction.
Policy 1.4.2
The City will notify neighboring jurisdictions and the School Board of
any proposals to expand or create a Community Redevelopment Area,
CDBG target area or a historic district if it impacts property within 500
feet of a public school or adjacent jurisdiction.
47
Policy 1.4.3 The City will notify and solicit comments from adjacent jurisdictions
and the School Board of its existing standards or proposed regulations
being considered for problematic or incompatible land uses.
Policy 1.4.4
The City shall support as appropriate, Miami -Dade County's
development and implementation of the Water Supply Facilities Work
plan required by Florida Statute and the water conservation effort of
other agencies Moreover, the City shall coordinate, as appropriate,
with Miami -Dade County Water and Sewer Department to assist in
efforts to achieve its Five Year Water Efficiency Plan goal of 155 gallons
per capita per day.
Reason for amendment. Recommendation /C -2. to address requirements of Chapter 163,
Florida Statutes, and reflect the City's support of County
conservation efforts.
Obiective 15
The City shall coordinate with federal State and local agencies to
increase the health safety, welfare and economic independence of all
residents, including residents with special needs.
Policy 1.5.1
The City shall coordinate with federal, State and local agencies, as
appropriate, in order to protect the health safety and welfare of its
children.
Policy 1.5.2
The City shall coordinate with federal State, and local agencies, as
appropriate in order to strengthen the economic independence of
families particularly those of low and moderate income.
Policy 1.5.3
The City shall coordinate with federal State and local agencies, as
appropriate, in order to improve the quality of life and independence of
the elderly.
Policy 1.5.4
The City shall coordinate with federal State and local agencies and
health care facilities and organizations (including South Miami
Hospital), as appropriate in order to ensure a healthy environment, and
the health of the population.
Policy 1.5.5
The City shall coordinate with federal State and local agencies in
protecting the public safety of its residents through crime prevention,
fire and rescue services traffic safety enhancements, and emergency
management.
Policy 1.5.6
The City shall continue to coordinate with federal, State and local
agencies, as appropriate in order to promote and provide economic
opportunities for unemployed and economically disadvantaged
residents in the promotion of quality education, workforce training
programs, increased iob opportunities and iob creation.
48
Policy 1.5.7 The City shall continue to coordinate with federal, State and local
agencies including the Greater Miami Convention and Visitor's Bureau,
as appropriate in promoting responsible tourism in the State and
region.
Reason for amendment: Recommendation ICA to reflect the goals, objectives and
policies of the State Comprehensive Plan.
49
CHAPTER 8
CAPITAL IMPROVEMENT
ELEMENT
50
CAPITAL IMPROVEMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 8119197, by Ord.No. 20 -97 -1641
Goal 1 To undertake capital improvements necessary to keep its present public
facilities in good condition and to accommodate new development,
within sound fiscal practices.
Objective 1.1 "tee=. The Capital Improvement Element, and the five -year Capital
Improvements Schedule and Plan incorporated into the Element by
reference, shall be used as the basis for detailing the City's public
facility deficiencies and planning corrective capital projects.
Reason for amendment. The amendment addresses 2005 changes to growth management
requirements pertaining to the annual update of the capital
improvements schedule and financial feasibility.
Policy 1.1.1 The operating budget shall continue to accommodate annual
systematic replacements such as police cars, trash trucks and street
overlaying.
Policy 1. 1.2 Staff and engineering studies, and the Comprehensive Plan, shall form
the basis for an annual preparation of a five year capital improvements
program.
Reason for amendment. Recommendation CI -1. to address EAR Issue II.D., "Fiscal Health
and Government Services ". The amendment reinforces the
relationship and linkage between the Comprehensive Plan and
capital improvements program.
Policy 1. 1.3 The City's fiscal policies for directing capital expenditures shall give
highest p4bdty to these -projects -that enhanee residentia
neighbeFhoods and the downtewF;, as per--Land Use - On --A
€Iements. (97 !E) be prioritized in accordance with the goals,
obiectives and policies of the Comprehensive Plan.
Reason for amendment: Recommendation CI -2. to address EAR Issue II.D., "Fiscal Health
and Government Services". The amendment reinforces the
relationship and linkage between the Comprehensive Plan and
capital improvements program, and recognizes that South Miami
is a diverse, full service community with both residential and
non - residential land uses and neighborhoods.
Policy 1. 1.4 In setting priorities, the following kinds of criteria will be used:
1. Public safety implications: A project to address a threat to
public safety will receive first priority.
51
2. Level -of- service or capacity problems: Next in priority
would be projects needed to maintain the stated Level -of- Service Standard or
that otherwise further the goals objectives and policies of the Comprehensive
Plan.
3. Ability to finance: A third criteria is the budgetary impact,
will it exceed budget projections?
4. New development: Redevelopment and tax base
enhancement projects are next in priority.
5. State projects: City projects in support thereof.
6. Quality of life projects: Lowest priority would be those
projects not in Categories 1 -5 above, but would enhance the quality of life.
Reason for amendment. Recommendation CI -3. to address
EAR Issue II.D., "Fiscal Health and Government Services". The amendment
reinforces the relationship and linkage between the Comprehensive Plan and
capital improvements program.
Policy 1 1 5 The City shall annually review the capital
improvements plans of other agencies having iurisdiction over infrastructure and
services which impacts its adopted Level of Service Standards in order to
monitor its ability to meet its Level of Service standards through the planninq
period and ensure the financial feasibility of the Comprehensive Plan. Projects
deemed necessary to maintain the Level of Service standards as a result of this
review shall be referenced in the Five Year Capital Improvements Plan and
schedule.
Policy 1.1.6 The City of South Miami 2008109 - 2012113
Capital Improvements Plan and the Capital Improvements Schedule included
therein contains a schedule of projects that the City shall implement in order to
maintain its adopted Level of Service standards or otherwise achieve the _goals,
objectives and policies and /or ensure the financial feasibility of the
Comprehensive Plan The 2008109- 2012113 Capital Improvements Plan is hereby
adopted by reference as part of the Capital Improvements Element.
Reason for amendment: Recommendation CI -5. to address EAR Issue II.D., "Fiscal
Health and Government Services ". The amendment
addresses 2005 changes to growth management
requirements pertaining to the annual update of the capital
improvements schedule and financial feasibility.
Objective 1.2 City officials shall continue to utilize a concurrency management
system that uses both the—Eutur_e_ Land_ _U_ss_ _Plan_ and financial
analyses of the kind contained herein as a basis for reviewing
development applications, in order to maintain an adequate facility
level -of- service.
52
Policy 1.2.1 Adequate level -of- service standards as established in the adopted
objectives and policies contained in this Comprehensive Plan shall
be the measure for the financial analysis required under this
Element.
Note: Pursuant to the intent of Amendment Package DCA No. 97-
1 ER, adopted on August 19, 1997, the list of repeated standards
here and under the previous Objective 1.3 (now deleted in its
entirety) is deleted here.
Policy 1.2.2 The City shall continue to monitor the impact of land use intensity
regulations and development upon traffic flow.
Objective 1.3 Continue development code and concurrency management system
mechanisms whereby public facility requirements generated by new
development are adequately funded in a timely manner at the same
time assuring implementation of improvements recommended in
the other elements and the facilities necessitated by previously
issued development orders.
Policy 1.3.1 The development code shall continue to specify that no
development permit shall be issued unless assurance is given that
the public facilities necessitated by the project (in order to meet the
level -of- service) standards established in the FLUE and other
Elements) will be in place concurrent with the impacts of the
development.
Policy 1.3.2 By 2010 the city shall evaluate the feasibility of enacting impact
fees or park land dedication, park capital improvements,
#ranspextatiGn -, public safety, police and other services, as
appropriate.
Reason for amendment: Recommendation CI -4, to address EAR Issue II.D., "Fiscal
Health and Government Services ". Additional impact fees
are a potential mechanism for ensuring the City's ability to
provide key infrastructure and services at adopted Levels of
Service through the planning period.
Note: No prior development orders contain public facility conditions or
implications that have not been met so Policy 9J- 5.016(3)(c)5 is not
applicable; the development code will provide for future issues of
this nature as contained in Policy 1.3.1.
53
MIAMI DAILY BUSINESS REVIEW
Published Dairy except Saturday. Sunday and
Legal Holidays
Miaml. MlaM•Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, 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 attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING AND DATE CHANGE
in the XXXX Court,
was published in said newspaper in the issues of
11/27/2009
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 mission or refund for the purpose
of s.Curin ublication in the said
paper.
Sworn to and subscribed before me this
27 da t-N MBER YA.D009
1
(SEAL)
MARIA MESA personally known to me
LETICIADE CASSIAFREEMAN
tk '; MY COMMISSION OD0710253
EXPIRES August 29, 2011
(407) 305 -0153
__.,t • .,, . . _!__ -
.13 A"73 � SO u7'
�43t«I •.eto r .oY,.ri1 ?twv . 1
a Isar+++. p•, YZT r t u �ak+'yr. V 1'
910 It
?t 'Yilatk.+'" `••�AHT`-1A +c• 112 < fit tYi; r -' rl
rC
dITY,OF`� >SOUTH,MIAMI, c; -1
IOTICEt''OF %,.PUBLIC = NEARING •S r' t
AND'", DATE DNi1NGE
It�t_ , i. i r++ _ I •- ...• -. k a ' •v .t t'n' -'•" r
. wow, ....o...+,�, ,.aim •r,,,�w>.,twe,
)beam rescheduled for,Tuasd`e -,� Deoeinber 8, 2009 �I•ieginning at 7:301
p a in the City Commisslai��Ctiar4Z 6130 Sunsett Drtn to consider
the fo6olnrlg item(s� 3Y'f'- ,Ct'.aiti C�.': STi3 -'T0t4 • B`4 4 4. A
�Afh,6 �rttY:j1{i r- .t;7eakRCe�Y .k '> -'
AN ORDINANCE OF, THE MAYOR,AND,THE.CI7Y;COMMIS -�r'I
z'SIONOFYHEd ,, OF SOOTHMIAMI;FLORIDA,'AMENDING,; j
� THE,lJ1ND DEVEI PMENT.CODE SECTION.20= 4A(F)(2)(c)
ENTITLE .40ACESILOCATED OFF SITE,IN;ORDER TO:.
.REMOVE:PROVISIO,NSjALLOWING FOR- LEASING,OF
OFFSfTE PARKING - SPACES AS A METH0670 PROVIDE
,,,, REQUIRED. :4 SPACES ;. AMENDING 2' SECTION `,., 20-7.6 ;
tt ENTITLED DISTRICTINORDER
tM,t,TO MODIFY. SECTION,20- 7.6(C)(2)(b) Mt`h1 MOVING THE -
M.-° OPTION OF, LEASING OF OFF -$ITE PARKING SPACES AS A . cI
i -tMETHODJOjP_ROVIDE REQUIRED SPACES;. PROVIDING
i FOR : SEVERAB ILITY;FORDINANCES•INZCOLICT; AND'
P.ROVIDINGANEFFECTIVEDATE. iy NF„ -�..,r
AN ORDINANCE- OF.THE.MAYOR AND.CITY COMMISSION
• OF' THE - CITY bF'SOUTH , MIAMI : - FLORIDA;, AMENDING
*LAND DEVELOPMENT- CODE'SECTION 20 -2.3 ENTITLED
^.-DEFINITIONS-:BY ADDING A NEW DEFINITION OF 'LAND
.USE REGULATIONS' ;'MID ADDING A NEW DEFINITION OF
'DEVELOPMENT- REGULATIONS' • BY MODIFYING THE
"• EXISTING 40ff ITFON "OF, 'REGULATIONS %; PROVIDING
R, SEVERABILITY; -, PROVIDING FOR ORDINANCES ; IN.
7 CONFLICT ; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCEOF.THE MAYOR AND THE CITY COMMIS-
SION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE'20 -6.1 (A)(3) ENTITLED,
'ADMINISTRATIVE -•ENTfT1ES -CITY .COMMISSION' "IN -
t ' ORDER TO REVISE PROVISIONS RELATED TO THE VOTE. "-
;`• "- REQUIREMENT 'OF THE. CITY' - .COMMISSION' ,ON%
ORDINANCES- AND RESOLUTIONS PERTAINING TO THE
LAND USE AND 'DEVELOPMENT,`REGULATIONS. WHICH ,
(� WILL-BE CONSISTENT WITH THE CHARTER AMENDMENT'
s ADOPTED, NOVEMBER 4, 2006; •PROVIDING FOR - SEVER-
•- ABILITY,- ORDINANCES IN CONFLICT; AND PROVIDING AN-.',
.,_EFFECTIVE DATE.
•, A RESOLUTION OF, THE MAYOR AND CITY COMMISSION `
1 OF ;THE CITY OF'SOUTH- MIAMI, FLORIDA, RELATING TO ,
I;,•,INTRANE.T. CONNECTION x!AUTHORIZING:THE CITY'..,
.,MANAGER;TO ENTER NTOiAN AGREEMENT WITH•AT &T,,,,
•SERVICES FOR,THREE -YEAR LEASE'TO UPGRADE TFYE', •
F INTRANET,SERVICE AT, ,CITi,HALL; PUBUC;WORKS AND' =.,
PARKSyANDr'RECREATION; AND,;, CHAR,, ;;THE`
' MONTHLY'FEES OF $2250:00 FOR. METRO ETHERNET -0,
.SERVICE,r;10MG,FOR CITY. HALL PUBLIC WORKS AND.
-.PARKS-AND RECREATIONatO •ACCOUNT,NIlMBER:001 .•f
x,.,,1340- 513- 4632,-ENTITLED!LEASE PURC,HASErINTRANET =:;y
. EQUIPMENT; PROVIDINGFORANEFFECTIVEDATE .;f4i.1 v i
s c AN ORDINANCE OF THE MAYOR AND THE C COMMIS -,
_- -ON OF THE CITY OF SOUTH MIAMI; FLORIDA, ADOPTING
A REVISED EVALUATION AND APPRAISAL;REQORT..(FAR),t
BASED -TEXTa AMENDMENTS 'JO.' THE - 'SOLITH MIAMI��
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THEE
GOALS, OBJECTIVES, AND POLICIES FOR' -YHE FOLLOW- �7
ING COMPREHENSIVEPLAN ELEMENTS FUTURE,LAND'
USE; TRANSPORTATION; HOUSING INFRASTRUCTURE; -
CONSERVATION; •RECREATION ANDzROPEi4 iSPAbE; -1
INTERGOVERNMENTAL - COORDINATION >AND,. CAPITAL -t
.IMPROVEMENTS;,. PROVIDING FOR .SEVERABILITY,
ORDINANCES' IN'-k`CONFUCT AND,gI PROVIDINGt. AN /
EFFECTIVE DATE. - •„j;t>�i?RAS d °�O? ?3.:
4f � <x' ' . . •- . > r t .M�j1•in?+s,7 /;50{1 t .A::`ehfi a^.i
_ .r n. ^•^; -n'ti ... "� ,1 ,aOC" ..x,1Jr 1:aailts4cl
`ALL interested parties are Invited to attend end will be heard.:;.•
! City, y C . ,le_ rk, 's Office
For urther Informaton pes'contactthe.
' 305- 663.6340 " : a
�• tp .
Matta M. Menendez CMC
City Clark
Pursuant to_Flodda,Statutes 286.0105, theCity'�hereby, advises?
public that We person:oecides to appeal any decision made by t
l- isslon with respect to any matter considerec
Board, Agency or:Comm
as meeting or hearing, he or she will need a record ofihe proceedin
and that for such purpose, affected person may need to ensure the
iverbabm record bf the proceedings is made which.record Includes
testimony and evidence upon which the appeal is to be based..' " -
- ' .09-3- 74/135491
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