12-15-09 Item 14•
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
South Miami
All- AmedcaChy
1 I I I if
2001
To: The Honorable Mayor Feliu and Members of the Cit Commission
Via: Roger M. Carlton, Acting City Manager 4*atz;�—,
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 Auzust
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
2
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.
0
•
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 11 -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
•
1
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
•
1
2
2
3
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4
THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
5
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 2046==2044 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, obiectives and policies and /or ensure the financial
18
feasibility of the Comprehensive Plan. The 202008/09 — 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.
• 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
•23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
46
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 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 52009
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
1" 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
EXHIBIT "A"
• City of South Miami
Regular City Commission Minutes
August 4, 2009
CALL TO ORDER:
000 0M°0
3
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.
0 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 COMMISSI ON'S 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
0
•
•
e PPT@W@
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)
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 PROJECT
AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN ITS
APPLICATION TO THE GEOGRAPHIC BOUNDARIES OF THE
CITY COMMISSION MINUTES
August 4, 2009
2
• 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 create 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 CRA 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
PPAWO
• 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, seconded by Vice Mayor Beasley to
approve this item.
4
Vice Mayor Beasley said that the purpose of this item is to
move the EAR process forward.
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
X000 °0
0 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 Newman: 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 -4.41 ENTITLED "RESERVED,"
PROVIDING FOR AN
ANNUAL
PERFORMANCE
EVALUATION;
PROVIDING FOR
CITY COMMISSION MINUTES 5
August 4, 2009
EXHIBIT "B"
• ORDINANCE NO. --j-3 - 0 9 - 2 0 0 5
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 / 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 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
U
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 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 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.
Section 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this 28 day of July , 2009
Ord. No. 13 -09 -2005
ATTEST:
READ AND APPROVED AS. TO
CITY
•
3
APPROVED:
A OR
1" Reading: 7/21/4)
2"d Reading 7/28/09
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 I Future Land Use Element
(pp.1647)
FUTURE LAND USE CATEGORY
(as adopted on first reading 8 -23 -07; submitted to DCA)
X1PBTB Agendas StaffReports12009 Agendas Staff Reportsl7- 14- 09\Exhibit A EAR Remove FLUM.doc
•
EXHIBIT 66099
ORDINANCE NO. 24-09-2016
• AND CITY COMMISSION OF THE
AN ORDINANCE OF THE MAYOR.
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE
LAND USE MAP CATEGORY FOR THE SW 62nd AVENUE CORRIDOR
WHICH AMENDMENT WOULD BE BASED UPON THE
RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR
REPORT, AND WOULD BE APPLICABLE ONLY TO THE SW 62nd AVENUE
CORRIDOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
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 1 of 3
•
U
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 S W 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 Storyy)
The ResidentiaULimited 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 sinkte 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. Conunercial development
shall be limited to a maximum floor area -ratio of 0.80 and shall include only those
retail and personal service (o)$ce) needs for the local neighborhood residential as-eas.
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
�J
U
0
Oi•d. No. 24 -09 -2016
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 categor-y or with standards for the
zoning use district applied to this area may continue to exist and function but shall be
subiect to the non - conforming regulations set forth in Land Development Code Section
20 -4.8.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed..
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this 20th day of October, 2009
ATTEST: APPROVED:
�70!2n�
CITY CLERK MAYOR
1St Reading: 10/06/09
2nd Reading: 10/20/09
READ
De APPROVED TO FORM:
CITY ATTORNEY
XAComm Items\2009 \1 0- 6- 09\EAR Add New SW 62 Ave PLUNI 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
.7
sour
O� �r
EXHIBIT "D"
U
INCORPORATED
1927
o RXD
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- 08-010
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
is
•
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
SOUT'4
Off
4
U
• • INCOR PORATEQ •
1927 A
�CORYO
CITY OF SOUTH MIAMI
PLANNING BOARD
Special Meeting
Action Summary Minutes
Monday, April 21, 2008
City Commission Chambers
7:30 P.M.
EXCERPT
EXHIBIT 66E99
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.
H. 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.
U
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.1 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 amore 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 "F"
FLORIDA STATUTES PERTAINING TO EVALUATION AND
APPRAISAL REPORTS
Section 163.3191
10) The governing body shall amend its comprehensive plan based on the recommendations in the
report and shalt 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 shall 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 shall 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)(g), 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 set[, 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).
•
•
0
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
Page 1 of 2
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 in 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: tvaael ne(a-)cityofsouthmiami .net