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04-01-08 Item 15South Miami All- America CRY CITY OF SOUTH MIAMI 1111. •�coRPORa�P • OFFICE OF THE CITY MANAGER sz oat INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, Interim City Manager From: Sanford A. Youkilis, Acting Planning Director F AV Date: April 1, 2008 Subject: 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. BACKGROUND At its August 27, 2007 meeting the City commission approved the EAR -Based Amendments to the City's Comprehensive Plan. and further authorized its transmittal to the Florida Department of Community Affairs (DCA) Prior to final adoption and second reading the State of Florida must review the proposed amendments and offer comments. The document was transmitted to the State on October 16, 2007. A communication dated January 18, 2008, (attached) from DCA informed the City of South Miami that the Department had completed a review and found that the EAR Comprehensive Plan amendments to. be consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part Il, Florida Statutes. The DCA review was done in the form of an Objections, Recommendations, and Comments (ORC) Report as required by Chapter 163, Florida Statues. A local government has 60 °days to respond to the objection(s) listed in the ORC. In most cases the response is a simple rewording of an objective or a policy. In the ORC Report for South Miami there was only one objection and one comment as follows: (1) OBJECTION: "the City has not included a full Five -Year Schedule of Capital Improvements " The EAR Amendment document contains a policy in the Capital Improvement Element (chapter) that adopts a five year capital improvement plan. At the time of the EAR approval the Capital Improvement Plan was listed as "2006- 201 V. The Florida DCA objection was that the most recent capital improvement plan was not listed. The City Commission on March 4, 2008 did adopt a new updated Capital Improvement Plan for 200.7/08 - 2011/12 ". A simple insertion of the name of the new capital improvement plan on p.52 of the EAR Document will satisfy the FDCA objection. Proposed Amendment (p. 52) Capital Improvement Element Policy 1.1.6 The City of South Miami 2O 2007/08 — 2011/12 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 209 2007/08 — 2011/12 Capital Improvements Plan is hereby adopted by reference as part of the Capital Improvements Element. (2) COMMENT "The City must adopt its Public Education Facilities Element, enter into an approved public school interlocal agreement, and implement school concurrency by January 1, 2008. " The City has already successfully addressed the comment stated by DCA in the ORC Report. On December 24, 2007, the City of South Miami transmitted to DCA a copy of the 2007 Interlocal Agreement with the Miami -Dade County Public School, new Educational Facilities Element and corresponding amendments to the Comprehensive Plan. Presently, the City is waiting for DCA's ORC report on the new Educational Facilities Element. PLANNING BOARD ACTION The Planning Board at its March 11, 2008 adopted a motion by a vote of 5 ayes 0 nays recommending that the EAR Based Text Amendments, with the amended Capital Improvement Element Policy 1.1.6, be approved. RECOMMENDATION The insertion of a revised Policy 1.1.6 as shown above into Chapter 8, Capital Improvement Element (p. 52) is the only change required to meet the objections and comments from the Florida Department of Community Affairs. It is recommended that EAR Based Text Amendments, as amended above, be adopted on final reading. Backup Documentation: Proposed Ordinance EAR Based Text Amendment Report (Aug. 2007) Planning Department staff report (3- 11 -08) Excerpt Planning Board Minutes (3- 11 - -08) City Commission Minutes,8 -23 -07 Public Notices SAY X: \Comm Items\2008 \4 -1 -08 \EAR Amend ORC CM Report.doc 1 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 45 46 47 ORDINANCE NO. 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;; 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 Objections, Recommendations, and Comments (ORC) Report set forth one objection which required a minor adjustment to Policy No. 1.1.6 of Chapter 8, Capital Improvement Element; and WHEREAS, the Local Planning Agency (Planning Board) at its March 11, 2008 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the adjustment to Policy No. 1.1.6 of Chapter 8, Capital Improvement 1 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 45 46 47 48 Element be accepted and that the Evaluation and Appraisal Report-Based Text Amendments be adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby approves the City of South Miami Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments, as amended by the adjustment to Policy No.1.1.6 of Chapter 8, Capital Improvement Element, said report being attached as Exhibit "A". Section 2. The amendments set forth in the Evaluation and Appraisal Report (EAR) Based Text Amendments are hereby incorporated into the City of South Miami Comprehensive Plan. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption. hereof. PASSED AND ADOPTED this day of 12008 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items \2008 \4- 1- 08\EAR Final Ordinance.doc APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: .f�=J,'t` '` /� ��+."�,•r'r n �,.i':`l.':.- •,^• =is�i �� - ,r r 'r!' 4•xt���zt4��d�`��¢;'S �`}_G'�sa��f�e�e�r.-� i� t f-.^ - `.... `I.'f -�11 i .. lry- �:J� } ?r. � t � � r ,9, yy.;.s • mot.,.. ..ry. Y�.,� }; .�'�. �?.J� =gyp✓' .a��:' • �r_+'k;{' ^tte �"�.:C''a'�"��''`� ,'si,..t - 'H . .. il.• ;l` r , ';'iri , , �. 1 -,w, i., •f Nlaik» 3,ewf*a`.:`�. �c,.,..$•�`..,��y ;�yE . �d ;i'•`Fti...f11»2�.�*.l,.Y,i%, -` r A y i f :. .�'ki- �.;.**��xxr4:�..'n. a' t. x •� .. z ; 3,4P `G �` x . �;.. '4• •� ...a .di��.C+�� /. ! 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Bell David Planning, Group► lwf, �� ';,T•� _ . _. ._ - -- - w;i.l.N �•ilGfY..,x =:. e. ..s,�u�i:�.- �'etr,'�rk•�."4asit Table of 0ontents 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 AppendixA .............................. .............................54 F- R9 -aod1 0_9v) 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; SWkethFe b - 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 ugh 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. F4 CHAPTER 1 FUTURE LAND USE ELEMENT 3 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 existinc i and future res mts.pFe6eFm and enhanGe the ' Reason for amendment: Recommendation LU -1., to address EAR Issue ILA., "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 Mao through its land development regulations. €liminate -uUses that are inconsistent with the community character as set forth on the Future Land Use Map. shall be eliminated Viminatien of lush inGen6i6tent uses -3haH be assempft ed 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 Wthin one year- of adoption ef this plan, enaGt wnin e fer,e ee in this ..oNW. 697-1 EM 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 regulating tear -downs and new construction, reconstruction or additions in developed single family residential neighborhoods in order to ensure that such development and redevelopment is compatible with the surrounding neighborhood- provide for appropriate incentives and 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 4 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 ms,dential e, #ice land use sategey 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.`L 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 EinviFenmental Review an Historic Preservation Board shall review all new development proposals to . assure preservation of the City's limited historic resources. Reason for amendment. Recommendation LU -8. 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. 5 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 24.41.3.2 The City shall seek to ensure bicycle and pedestrian connectivity in aN areas within its boundaries, in accordance with neighborhood Plans and the Comprehensive Long Range Transportation Study. Ore-o sidewalk and bikeway plan with c wec4 / attention to dG ntewn ineludina 9f sidewalk eery VWt% wrwic ie.+c• of s ana-ge indisatifA e i+a g for- .mil wrainn ,e c. and c.i ale f.+rs�ily residential c�ider�tial areas_ r- Char-r -- - - 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 tim Reason for amendment. Recommendation LU -9. to address EAR Issue II.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 pedestdan -shopping funwien el th 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 Pglans, Community Redevelopment Agency plans and other plans that may be adopted by the City. Seib Miami,s amag town ^h FaGter-. P-Fe6eFvihg and enhanGin t11° ,iitaW Gf the s „ by the City, is Unked to the mi*ed-u6e p#*eGts is-enGGuragedd by the City a6 envisioned in the Hometown Plan. 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 Cif 's rime retail and commercial service center, as ,spin in accordance with the Future Land Use Map. Measaabili#y shall There shall be no major commercial rezonings of single- family residential properties, p�r�o�perties, unless-suGh- rezenings�- are -Aft ftm °�' ~ ° ^ °cc" ^' to implement adopted redevelopment Plans, or to en&m Wt transitions between different uses and dic.t 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 oenjunetion wfth 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 A^r eve oveF the ^ °s five yea ..^ ; ^ ^' ° in the tax i• °°° 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. Q. Policy 3.1.4 The City shall maintain and, as appropriate, expand the Cate--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 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. Goal s To achieve revitalization and renewal of areas designated as redevelopment areas. Objective 5.1 ImpIement the — sreatien --ef Continue to utilize the South Miami Community Redevelopment Agency in order to spearhead South Miami Community Redevelopment AFea and the South A&_a.m47-C_eFn#n_,,#4W efforts to mW 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 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 62"d 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 Designate —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. 12 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 Transportation Element by encouraging the containment of development along existing State and County high- design roadway facilities. (9 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 commerciaUresidential shall provide incentives for transit- oriented development and mixed -use development. Zoning regulations shall reinforce "no widenings" policy set forth in the 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. Neighborhood Center /Mixed Use District (Four Story) The Neighborhood Center/Mixed Use land use category is intended to allow for a mix of retail office residential and cultural/entertainment uses characteristic of traditional neighborhoods Permitted heights, densities and intensities shall be set forth in the Land Development Code Neighborhood Center /Mixed Use developments are unified, cohesively designed developments built according to specific and detailed plans which allow a mix of uses that are substantially related compatible or complementary, Neighborhood Center/Mixed Use developments shall emphasize pedestrian use and accessibility through urban design principals as referenced in the City's Land Development Regulations. Such developments shall respect the existing street grid by including multiple parcels on adjacent blocks (bisected by public rights -of -way). Pursuant to recommendations by the Department of Community Affairs to include a Floor Area Ratio (FAR) in the Comprehensive Plan (as opposed to the provisions in the Land 16 Development Code), the City adopts a F.A.R. of 2.0 for this land use catecrory which will be the existing F.A.R. in the Land Development Code for the corresponding zon►nq district and a minimum lot size of 5 acres In addition the City adopts a maximum residential density of 60 dwelling units per acre For the NC/MU Category, any residential component shall be no greater than 75% or less than 40% of the gross floor area of the development. Nonresidential components shall be no greater than 60% or less than 25% of the -gross floor area. The maximum number of units allowed shall be based on the density of the residential units Proposed multiplied by the net acreage of the parcel multiplied by the percentage of the residential component as enumerated above Residential uses may be located on any floor office uses on the first and second floors while retail cultural /entertainment and office uses shall be restricted to the ground floor of a multi -story building. (See Appendix A Justification for Four Story Development Concept for Madison Square as recommended in the EAR - based Amendments, dated May 22, 2007). Public Institutional Uses (Four - Story) The public and intuitional 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 ILA., "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 CHAPTER 2 TRANSPORTATION ELEMENT 18 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 approoriate techniques, and that but -w his#r 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 level -of- service standards for roadways are as follows:: Principal Arterials "F" Minor Arterials "F" Miller Drive "F" NOW TM . ................ �2 . alt e I'- .. OR - =__ wft, m . ...... . ........ -, - * =C,. 2. After- neGembe - 31, 1995 +1 The peak hour level -of- service standard shall be 150 percent of D capacity for US -1. A 2. The peak hour level -of- service standard for Bird Road shall be 120 percent of E capacity. 19 .: 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 "!, 7? and*' above, unless such permits are issued pursuant to a development of regional impact (DRI) approval granted prior to the effective date of this plan. Me City G1 Rai Ith WNW views these WandaFd6 as more restdGtive tha 6ira-ble 13 fGF the f but aeGepts them as the mes Reason for amendment. Recommendation T -2. to address EAR Issue II. 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 US4 in the CiW of South Miami a. AeFe is only a smag segment of whieh doe W in There is AAetroFa# T the future t Station load n the Mips ontG US4. r heart of the City s on n (� vwn-- rlw�wci-rv�as/v�»7f��i , � intensive development f LL ff , standards set fGAh Lf• ff akeady urbanize areas and r-eduGing urban 30 sprawl-. headway is available along Qirf'� L Bus - ses4oe -with minute level of seFviGe designation en BkW RGadt f • plan, development that was under- the plan amount of peFmWed Reason for amendment. Recommendation T -2. to address EAR Issue II. 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 believes LL ff 'W' in "I" LL ff but that moFe standards set fGAh above, peFm" f minimize Me Genge6tien.- Reason for amendment. Recommendation T -2. to address EAR Issue II. 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 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 14 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; evaluate 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 m its Capital Improvements Schedule in accordance with State requirements These proiects shall include City-funded projects 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 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 call for protecting and enhancing both the m6idential neighborhoods and downtown. Reason for amendment. Recommendation T -7. to address EAR Issue II.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. the Hometown District. Reason for amendment. Recommendation T -9. to address EAR Issue ILA., "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 accordingly The Parking Board shall be involved in any decision makin_g. Reason for amendment. Recommendation T -10. to address EAR Issue II.A., "Development and Redevelopment ". The amendment addresses parking concerns raised during the public participation process. 22 Policy 1.Z7 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 ILA., "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 By 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 ILB., 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 By VM, e6tab&h a shuffle +a`� • institutional sites in the Tr w 4ewied Development /lip FiG 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 II.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 surrounding jurisdictions to mitigate negative transportation impacts on neighborhoods that might result from school traffic or specific projects. 23 Reason for amendment. Recommendation T -12. to address EAR Issue ILA., "Development and Redevelopment ". The amendment reflects concerns about transportation impacts on neighborhoods raised during the public involvement process. _Policy 1.3.6 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 ILA., "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 as part of the Comprehensive Long Range Transportation Study. Reason for amendment. Recommendation T -16. to address EAR Issue 11. 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 ILB., "Transportation ". The amendment supports the development of multi -modal transportation options in the City. Objective 1.6 By 199&, The City of South Miami is IeGated in the County management aFea. (9 1ER) (97-1 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 II of Florida Statutes. Policy 1.6.3 The pr-epeseel 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 II.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 56m Street (Miller Road) and SW 6;$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. PQUGY 1.&.7 Inted.m Pa-UsIx- The City of SGuth Miami shall Gemplete the We • me th of August 4, !999, in eFder to -bed seFviGes to sepm existing land usev, an s �` =-the —Gwt►, trends and tFavel ...,.1 •--- n ana Weis interastibns GempaFabi&y elemental. . and of gr between land between the use and tFansper#atien, future land use and patterns and the .;e- basedupon the - future -land use - and disadvantaged, the e4sting rhaFaGteFi6tk6 of tmn&pedation geneFater-s and aft-traetem. and The City Will anardinate with FD07: an PQUGY 1.&.7 Inted.m Pa-UsIx- The City of SGuth Miami shall Gemplete the We • me th of August 4, !999, in eFder to -bed awl 26 seFviGes to sepm existing land usev, an s �` =-the —Gwt►, trends and tFavel ...,.1 •--- n ana Weis interastibns GempaFabi&y elemental. . and of gr between land between the use and tFansper#atien, future land use and patterns and the .;e- basedupon the - future -land use - and sotem needs - awl 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 Concurrency 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. 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 ILB., "Transportation". The amendment addresses State requirements for annual review of the impacts of the Transportation Concurrency Exception Area designation. 27 CHAPTER 3 HOUSING ELEMENT 28 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 T4mugh levhnkal assisfanc,—,41he City shall support public and private Whfinly to efforts — provide at least 100 additional housing units, and aspire for the creation of 200 additional units the Qty Gan acreemFnedate by 1 999 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 projects and communities. See Objective 1.3 for- affbr-dable housing. 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 study area in -11-Ffet-te 940 ;mete ' The 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. 29 Objective 1.2 The City shall seek to correct eliminate -gall 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 as- a- w#tele,;-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 unft in all neiahbeMeeik. 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 To —omate and affoFdable housing fe#: a# current and antiGipated futum residents of the City and speGWGa9y_sqppe#Wn Station pFejeGt by the yeaF 20066- it is PF*Gted that GGRStFUGUQR of a addWonal 150 nits of affordable Me„c�ie�N r.�w be thieved thr-G wig -- �vvrnc�cv -c� i� v v W4. The City and its Community elpfir-it �1 affordable housing by Redevelopment Agency shall continue to coordinate with public and private agencies to meet the affordable housinq 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 ILA., "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 very-low- 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 II.A., "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 " ;ant pr-GpeFty and pFe finanoial assistanoe to een tFu t le..St 94 new aftrdable he„�iefN units-provide for the construction of affordable housing units in accordance with its adopted Redevelopment Plan. Reason for amendment. Recommendation H -& 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; shall be . 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. Objective 1.5 The City shall consider the adoption of voluntary or mandatory zoning regulations as promulgated by Miami -Dade County to produce additional affordable housinq units Citywide. 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 -granting a • •^ tG " 0 ^eFGent 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 ILD., "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 By 2MI, approve 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 I -3. 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 1.3.1 By 2001, to determine „Mere -»,�- �.•� -�e 9ts are rag i 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 1 -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 eFdex #er- them -te upgradeigg all substandard water mains and laterals within the City by 1999. 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 94 Env&enmental Re - k F;d Poeser-vation 8- 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 MD., "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. Workplan required by Florida Statute and the water conservation effort of other agencies Moreover, the City shall coordinate, as appropriate, with Miami -Dade County 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. 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 40 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 opeFate a City park farrigges 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 II.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. 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 1.1.4 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, 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 appropriate sources, appropriate staffing levels and community 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, a schedule for the Plan's periodic update. Reason for amendment: Recommendation PR -4. to address EAR Issue 11 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 providinq recreation and open space land and services. Reason for amendment. Recommendation PR -5. to address EAR Issue II.C., "Parks knd 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 seven City parks plus the and community centers {including shoreline access at the th canal -front parks). Reason for amendment: Recommendation PR -7. to address EAR Issue II.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 aaaFwr4ate 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 -& 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 1 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 45 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 enteF into. an ihteFloGal agreement G mquked by SeGtibn 163-.3177(6)(h)(2) of the F16FWa Statute 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 ILD., "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. 1.4.4 The City shall support as appropriate Miami -Dade County's _Policy 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 IC -2. to address requirements of Chapter 163, Florida Statutes, and reflect the City's support of County conservation efforts. Obiective 1.5 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 emerciency 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 IC -3. 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 "r revised 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 9we neighbeFheeds and the downte €lements. '9' - -1ER) be prioritized in accordance with the goals, objectives 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 Z 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 coals, 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 C1-3. 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 planning period and ensure the financial feasibility of the Comprehensive Plan. Proiects deemed necessary to maintain the Level of Service standards as a result of this review shall be referenced in the Five Year Capital Proposed Amendment Improvements Plan and schedule. Policy 1.1.6 The City of South Miami 2006-20U 2007108 - 2011112 Capital Improvements 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 2409 2Q11-2007/08 - 2011/12 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 Future Land Use 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 -1ER, 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, transpeAtation., 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 Appendix A Justification for Four Story Development Concept for Madison Square, as recommended in the EAR -Based Amendments May 22, 2007 1. Background The Evaluation and Appraisal Report adopted by the City in January 5, 2006 recommended the creation of a new Future Land Use District entitled "Neighborhood Center /Mixed Use Four Stories ". It was stated at that time that the new district needed to be created in order to encourage the development and redevelopment of cultural facilities and neighborhood activity centers in appropriate areasl'l (Recommendation II.A.LU -16) The Evaluation and Appraisal Report also contained in Table II.A.2 a series of potential changes to the Future Land Use Map and/or Zoning Map12), which were also to be studied for possible changes. In this Table the Madison Square area is recommended to be amended to "a new Mixed Use District that includes Commercial /Office /Residential and Neighborhood Center /Cultural uses, limiting to 2 stories with adequate setbacks to protect residential areas ". The two story provision was added by the City Commission at the January 5, 2006 adoption hearing, and approved by a vote of four to one. 131 Because the EAR was adopted that evening, the impact of the two story height limitation on the Community Redevelopment Area and the adopted Community Redevelopment Plan was not evaluated as part of the report. The purpose of this report is to provide that evaluation and a justification in writing for the recommendation made by the city's professional planning consultant and professional Planning Department staff in 2007 pertaining to the Madison Square area. This recommendation purposely deviates from the January 2005 action of the City Commission in that it recommends a building height of four stories instead of two stories. The basic information and background data contained in this written document was communicated by staff, consultants, and residents to the Local Planning Agency (Planning Board) at its April 10, 2007 meeting (public hearing on Land Use Element). The Planning Board at that time approved a motion (4 -1) recommending that the City Commission, not withstanding its earlier action, adopt the new Land Use Category for a Mixed Use Neigh borhood/Cultural Center which_ would be applied only to the Madison Square area. 2. Economic Development and Implementation of Community Redevelopment Area Goals The 1995 Evaluation and Appraisal Report recommended designation of the Madison Square area. as Mixed -Use Commercial/Residential (Four Story) for the stated goal of promoting this location for redevelopment in order to boost the neighborhood's 1 Cityof South Miami 2005 Comprehensive Plan Evaluation and Appraisal Report, pp.36 and 149, January 5, 2006 2 City of South Miami 2005 Comprehensive Plan Evaluation and Appraisal Report, pp. 12 -14, January 5, 2006 3 City of South Miami Special City Commission Minutes, January 5, 2006 4 City of South Miami 1995 Comprehensive Plan Evaluation and Appraisal Report self -image and foster investor confidence in this blighted area.' The Future Land Use Plan Map was subsequently amended to reflect this designation. The 1995 EAR recognized that a four story building would have the maximum impact on creating jobs and serving as a catalyst for economic development in the area, while remaining compatible with the surrounding neighborhood and other commercial areas of the City. Job creation would likely result from small businesses which would be attracted to this type of mixed -use development, which would in turn improve the tax base and reduce security concerns. In addition to the four story height limitation, the FAR set in 1995 was 2.0, this was presented as a reasonable expectation for development of this site. Since the 1995 EAR, the Madison Square area has been studied in depth in a number of plans and report, including: the 1999 Hometown 2 Area Planning Study; the 1999 South Miami CRA Adopted Plan — Madison Square Goals and Objectives; the 2001 Corradino Group Study — Infill Housing and Retail Opportunities and Recommendation Strategies to Revitalize the District; the 2005 South Miami CRA Plan Update — Madison Square Goals and Objectives, and; the 2006 Madison Square Mixed -Use Redevelopment Charrette. As documented in these reports, Madison Square is expected to become more than just a catalyst for redevelopment, but it is seen as a way to create an anchor for the north end of Church Street. Clearly, limiting its height to two stories instead of four stories as anticipated by the Community Redevelopment Plan and other planning efforts will limit its economic development potential. Simply put, it will result in an up to 50 percent reduction of residential, retail, office, neighborhood center and cultural uses than anticipated. Although a two story development would have some positive economic impact, it would be less effective as a catalyst for economic growth than a four story building. Moreover, imposing a two story limitation on Madison Square development will undermine the significant previous planning efforts that.were devoted to the area, and is counterproductive to the adopted Community Redevelopment Plan and CRA mission. 3. Affordable Housing The Comprehensive Plan for South Miami states that the city's goal is '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 y units in the Hometown District." Y To achieve this goal, the City was ambitious with the first objective "to provide at least y 100 additional housing units, and aspire for the creation of 200 additional units by 2010." However, there was recent discussion by the Planning Board as to the reality of the target date of 2010. The consensus is that it would be more realistic and therefore have more meaning to meet this objective by 2015. Regardless of the target date, the City remains steadfast in its desire to provide additional affordable housing units. The Madison Square mixed -use project is seen as a prime opportunity for the City to provide housing that would meet the first goal and first objective of the Housing Element. The City can better achieve this important affordable housing goal sooner with the additional units that will result from four stories (rather than two stories) for the Madisons Y Square development. Providing affordable housing is important to help prevent N gentrification within the City of South Miami. 6 a 4. Urban Design The City's "Hometown Plan" Area 2 Reports, prepared for the City by Dover Kohl & Partners, discusses the roles that building height and mix of uses play in defining the feeling of a street. Relevant excerpts from this plan are as follows: "Regarding height: The street should be thought of as three - dimensional public spaces. The buildings which front the streets form the walls of an agreeable spatial "room." If the buildings are too low, the space dissolves (along with the shade and economic productivity.of the land)." :I "First, there is concern about maintaining a human . scale. Four story buildings along the street create an agreeable street space and do not overwhelm pedestrians or neighbors." "Regarding mixed -use and the importance of height. Second, there is concern that oversize developments, especially office buildings, will generate undesirable traffic impacts. The issue is that large numbers of workers will travel to single -use buildings at peak hours, congesting the road network. If taller buildings are permitted, they could be required to include a balanced mix of uses (with, for example, storefronts on the ground level, offices on middle floors, a and residences on upper floors)." Development of Madison Square with a four story building is in accordance with these principals. 5. Zoning The 1997 Evaluation and Appraisal Report (EAR) Amendments to the Comprehensive Plan, which were adopted by Ordinance, gave the Madison Square site a Mixed Use - Commercial /Residential land use designation which permits four stories and an F.A.R. of 1.6. This is consistent with the Hometown. Plan. It is important to note that the Neighborhood Retail (NR) zoning was never changed within the State mandated time frame of one year (Chapter 163.3202(1) Florida Statutes). The result is that the existing zoning is non - operative (no zoning). 0 6. Neighborhood Support A major factor in determining the compatibility of a proposed development with the surrounding area is the input of the residents, businesses, and community groups in the affected area. Unfortunately, there was little input from residents and businesses in the CRA at the January 5, 2006, adoption hearing. Staff and the consultants have subsequently received significant input from residents, businesses and community groups in the Madison Square Area who express strong support for the four story concept. These same residents and groups express concern about the ultimate effectiveness of the project if it is limited to two stories. Considerable 5 City of South Miami Hometown Area 2 Report, Page 15, Dover Kohl & Partners, November 11, 1994 weight should be given to the input of these residents and organizations, as it is they who will be most affected by the development and its impacts. In addition, it should be noted that a number of these residents and community leaders attended the April 10, 2007 Planning & Zoning Board meeting to express their support of the four. story concept. As a result, the Planning & Zoning Board recommended approval of the following interpretive test for a Neighborhood Center /Mixed Use (Four Story) Future Land Use District: "Neighborhood Center/Mixed Use District (Four Story) The Neighborhood Center /Mixed Use land use category is intended to allow for a mix of retail, office, residential and cultural /entertainment uses characteristic of traditional neighborhoods. Permitted heights, densities and intensities shall be set forth in the Land Development Code. Neighborhood Center /Mixed Use developments are unified, cohesively designed developments, built according to specific and detailed plans which allow a mix of uses that are substantially related, compatible or complementary. Neighborhood Center /Mixed Use developments shall emphasize pedestrian use and accessibility through urban design principals as referenced in the City's Land Development Regulations. Such developments shall respect the existing street grid by including multiple parcels on adjacent blocks (bisected by.:public rights -of -way). Pursuant to recommendations 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 2.0 for this land use category which will be the existing F.A.R. in the Land Development Code for the corresponding zoning district and a minimum lot size of .5 acres.. In addition, the City adopts a maximum residential density of 60 dwelling units per acre. For the NC /MU Category, any residential component shall be no greater than 75% or less than 40% of the gross floor area of the development. Nonresidential components shall be no greater than 60 %.or less than 25% of the gross floor area. The maximum number of units allowed shall be based on the density of the residential units proposed multiplied by the net acreage of the parcel multiplied by the percentage of the residential component as enumerated above. Residential uses may be located on any floor, office uses on the first and second floors, while retail and cultural /entertainment uses shall be restricted to the ground floor of a multi -story building." 7. Conclusion In conclusion, staff and the Consultants recommend: 1) that the proposed "Neighborhood Center /Mixed Use (Four Story)" Land Use District be adopted as part of r the Comprehensive Plan, and; 2) the Madison Square Area be designated "Neighborhood Center /Mixed Use" on the Future Land Use Map. Limiting the designation to two stories is significantly less than is currently allowed in the P Comprehensive Plan, and will impede the implementation of economic development and redevelopment goals. It runs counter to a number of adopted plans, including the 1999 CRA Plan and subsequent updates. As noted in the Dover Kohl Report, a four -story P mixed -use building that is properly designed is not necessarily incompatible with the D surrounding neighborhood. Residents and community groups in the surrounding ® neighborhood have expressed strong support for the four story concept, and feel that it is essential for the achievement of affordable housing and economic development goals. I� 50U INCORPORATE 1927 �z(0) RAV To: Honorable Chair and Planning Board Members From: Sanford A. Youkilis Acting Planning Director_ PB -08 -010 Applicant: City of South Miami South Miami q All-Amedca City � ' r • 2001 Date: March 11, 2008 Re: EAR Based Text Amendments DCA Proposed Modification 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. BACKGROUND In 2007 the Planning Board (Local Planning Agency) recommended that the City Commission transmit the proposed EAR -Based Text Amendments to DCA for review. The City Commission authorized transmittal of the EAR -Based Amendments for review and approval via City Commission Ordinance, approved on August 23, 2007 (first reading). The EAR Based Amendments to the text of The South Miami Comprehensive Plan was formally transmitted to the Florida Department of Community Affairs (DCA) on October 16, 2007. A communication dated January 18, 2008, (attached) from DCA informed the City of South Miami that the Department had completed a review and found that the EAR Comprehensive Plan amendments to be consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes. The DCA review was done in the form of an Objections, Recommendations, and Comments (ORC) Report as required by Chapter 163, Florida Statues. A local government has 60 days to respond to the objection(s) listed in the ORC. In most cases the response is a simple rewording of an objective or a policy. In the ORC Report for South Miami there was only one objection and one comment as follows: (1) OBJECTION: "the City has not included a full Five -Year Schedule of Capital Improvements " The EAR Amendment document contains a policy that adopts a five year capital improvement plan. At the time of the EAR approval the Capital Improvement Plan was listed as "2006- 2011 ". The Florida DCA objection was that the most recent capital improvement plan was not listed. The City Commission on March 4, 2008 did adopt a new updated Capital Improvement Plan for 2007/08 - 2011/12 ". A simple insertion- of the name of the new capital improvement plan will satisfy the FDCA objection. (2) Proposed Amendment Policy 1.1.6 The City of South Miami 2QG6=2944 2007/08 — 2011/12 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, obiectives and policies and /or ensure the financial feasibility of the Comprehensive Plan. The 2QG 2007/08 - 2011 /12 Capital Improvements Plan is hereby adopted by reference as part of the Capital Improvements Element. (2) COMMENT "The City must adopt its Public Education Facilities Element, enter into an approved public school interlocal agreement, and implement school concurrency by January 1, 2008. " The City has already successfully addressed the comment stated by DCA in the ORC Report. On December 24, 2007, the City of South Miami transmitted to DCA a copy of the 2007 Interlocal Agreement with the Miami -Dade County Public School, new Educational Facilities Element and corresponding amendments to the Comprehensive Plan. Presently, the City is waiting for DCA's ORC report on the new Educational Facilities Element. RECOMMENDATION The insertion of a revised Policy 1. 1.6 as shown above into Chapter 8, Capital Improvement Element (p. 43) is the only change required to meet the objections and comments from the Florida Department of Community Affairs. This update will allow the City Commission to conduct a final hearing on the EAR Based Text Amendment ordinance approved on first reading in August of 2007 It is recommended that the proposed response to the ORC be approved and transmitted to the City Commission for consideration. Attachments: Florida Department of Community Affairs ORC Report 1 -18 -08 P. 43 EAR Based Amendment Report City Commission Ordinance adopted on first reading 8 -23 -07 Public notices SAY X:\PB \PB Agendas Staff Reports\2008 Agendas Staff Reports\3 -11 -08 \EAR AMEND PB Report 3- 11- 2008.doe 2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PELHAM Governor Secretary January 18, 2008 The Honorable Horace G. Feliu Mayor, City of South Miami The Office of the Mayor and Commission City of South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 Dear Mayor Feliu: The Department has completed its review of the City of South Miami proposed Comprehensive Plan Amendment (DCA No. 08 -IER), which was received on October 29, 2007. Copies of the proposed amendment have been distributed to appropriate state, regional, and local agencies for their review and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes and has prepared the attached Objections, Recommendations, and Comments Report which outlines our findings concerning the comprehensive plan amendment. The Department has identified one objection and one comment. The objection states that the City has not included a full Five -Year Schedule of Capital Improvements while the comment notes that the City must adopt its Public Education Facilities Element, enter into an approved public school interlocal agreement, and implement school concurrency by January 1, 2008 otherwise the City is prohibited from adopting amendments that increase residential density until these public school requirements are addressed. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466 /Suncom 278.8466 FAX: 850.921.0781 /Suncom 291.0781 Internet address: http• / /ww%,v.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING HOUSING d COMMUNITY DEVELOPMENT lh_^'.]r.!:_1, 3: . .,_-r.7ncn. FL 3K4- )-:_2 %f .�:I ,.:--=: -_.';f The Honorable Horace G. Feliu January 18, 2008 Page 2 My staff and I are available to assist the City in addressing the issues identified in our report. If you have any questions, please contact Erin Boyington, Planner, at (850) 921.3762 Sincerely, 1� Mike McDaniel, Chief Office of Comprehensive Planning MNVeb Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Julian H. Perez, Planning Director, City of South Miami Ms. Carolyn A. Dekle Executive Director, South Florida Regional Planning Council DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT COIN CITY OF SOUTH MIAMI AMENDMENT 08 -1 ER January 18, 2007 Division of Community Planning This report is prepared pursuant to Rule 9J- 11.010, F.A.C. INTRODUCTION The following Objections, Recommendations and Comments Report is based upon the Department's review of the City of South :Miami 08 -IER proposed amendment to the Comprehensive Plan pursuant to § 163.3184, Florida Statutes (F.S.). Any objections discussed relate to specific requirements of relevant portions of Chapter 9J -5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each objection must be addressed by the City and corrected prior to the amendment being resubmitted for the Department's compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items, which the local government may consider not applicable to its amendment. If that is the case, a statement justifying the local government's non - applicability pursuant to Rule 9J- 5.002(2), F.A.C., must be submitted. The Department will make a determination on the non - applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments that follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non - compliance. They are included to call attention to items raised by the Department's reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations, and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. TRANSMITTAL PROCEDURES Upon receipt of this letter, the City of South Miami has 120 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F. S., and Rule 9J- 11.011, F.A.C. The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163.3189(2)(a), F.S. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the South Florida Regional Planning Council. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local governments plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN AMENDMENT CITY OF SOUTH MIAMI (DCA No. 08 -1ER) I CONSISTENCY WITH RULE 9J -5, F.A.C., AND CHAPTER 163, F.S. The Department has completed its review of the proposed amendments to the Comprehensive Plan of the City of South Miami (DCA No. 08 -1ER). The Department has the following objections: A. Capital Improvement Element Objection: The Five -Year Schedule of Capital Improvement of the Capital Improvements Element, incorporated by reference in Capital Improvement Policy 1.1.6, is from FY 06 -07 through FY 10 -11. It does not include a five year period subsequent to adoption of these amendments. [Section 163.3177(2), (3), (10)(h), F.S.; Rule 9J- 5.016(4)(a)l, F.A.C.] Recommendation: The Schedule of Capital Improvements needs to be revised to include FY 07 -08 through FY 11 -12 and revise Policy 1.1.6 of the Capital Improvements Element to reference the Five Year Schedule of Capital Improvements to reflect the correct years, FY 07 -08 through FY 11 -12. Include the revised Five -Year Schedule with the adopted amendments. II. COMMENT A. The City's proposed Objective 1.5 requires the City to coordinate with the school board pursuant to the revised interlocal agreement dated 2003. To ensure consistency with the provisions of 163.3177 (12)(i), F.S, the City should revise the objective to clarify that a fully- executed, revised interlocal agreement; a public school facilities element and related amendments to the capital improvements element and intergovern mental coordination element; and an ordinance to implement school concurrency are required to be adopted by January 1, 2008. The City should note that Section 163.3177(12)(j), F.S., prohibits local governments from adopting amendments that increase residential density until the Public School Facilities Element is adopted if not adopted by the scheduled adoption date. CONSISTENCY `VITH STATE COMPREHENSIVE PLAN The amendments are not consistent with and do not further the goals and policies of the State Comprehensive Plan, Chapter 187, Florida Statutes, for the following provisions: Goal (17) Public Facilities Policies (b) 3, 4, 5, 6, 7, and 9, relates to Objection A; and Goal (25) Plan Implementation Policy (b)7, relates to Objection A. Recommendation: By addressing the concerns noted in Section I above, these inconsistencies with Chapter 187, Florida Statutes, can be addressed. m ..�- ' -. x.,r•F•r_�_ r i�.ps.5� 4�/ -r -.f�^,r(`.�Li� hhl � ._ - ( 'F-. - � �,v k�r..un yt x -spy .� _ f _ �._ _.,-� - -- �• -... ^�. °`F ��•�°J� w� '`ti � may' - T _ fF 'r° . _ i tli�. i i �- ��.�" Y.y �'\v -"'- .? r --•F - c. t =_ �. .�.Vi.�__.. Y� S `, -.. ;' .£ , >v y E ND Tf�Yit 7� �"�i`J-�.'- ja'P�i �t -��� .,� y� S '.�!_ -.� ► `7, ON 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 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, Planning Board Meeting March 11, 2008 Page 2 of 7 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 \2008 \4- 1- 08 \03- 11- 08- PBMinutes EAR.doe sopo °o City of South Miami Special City Commission Minutes August 23, 2007 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in special session on Thursday, August 23, 2007, beginning at 6:30 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 Randy G. Wiscombe, and, Commissioners Velma Palmer, Marie Birts and Jay Beckman. Also in attendance were: City Attorney Luis Figueredo, and City Manager Yvonne Soler - McKinley. City Clerk Maria M. Menendez was absent. B. Invocation: The invocation was delivered by Mayor Feliu. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: ORDINANCE (S) FIRST READING PUBLIC HEARING (CONTINUATION OF- MEETING OF AUGUST 7, 2007) 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; AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW; PROVIDING SPECIAL CITY COMMISSION 1 MINUTES = August 23, 2007 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to approve this item. Planning and Zoning Director Perez explained the process and the importance of the approval of the EAR. Corradino ,Group, the consultant, recapped the steps of the EAR: each government in the state is required to do this every seven years; the purpose is to make sure that the comprehensive plan remains relevant, and that it addresses the issues that are most important to the community, and that it is a viable, working document. The process began in 2005, and adopted in March 2006; the next step is to adopt the EAR base amendments which is what it is being done at this time. November 2007 is the actual deadline to submit to the state. The amendments are covering the eight elements of the comprehensive plan, which are basically text amendments. After the text amendments are done, the consultant will go back and conduct area studies. After submittal this November, there will be a sixty -day period, we will receive the state's recommendations and comments report, and then we will have up to 120 days after receipt of that report to actually bring it back for adoption. At the conclusion of all phases, we will have a new comprehensive plan published. The consultant explained that they obtained input from the community during the EAR process, one of those meetings took place at a church in the CRA area; he added that this is the same practice they follow in working with every government across the state. Mayor Feliu said that every property owner is a taxpayer, regardless of whether they are commercial or residential property owner; they all have a stake in whichever way the future land use map is used. He added that he wanted to clarify that what is being proposed for Madison Square does not affect .any other aspect of the community as far as 62nd Avenue. At this time the Mayor opened the public remarks only for taxpayers of the City. PUBLIC REMARKS Levy Kelly said that he could provide a list of the people and their address that attended the meeting with the consultant at the church. SPECIAL CITY COMMISSION 2 MINUTES - August 23, 2007 Yvonne Beckman was precluded from speaking because she is a member of the Planning Board. Counselor Figueredo explained that Ms. Beckman had voted on the text amendments that are before the Commission tonight; she has already voiced her opinion and the Code of Conduct specifically precludes board members from speaking on items that have come before their board. Josef ine Anderson said that the Mayor should have stopped the resident that at a previous meeting had stated that Rev. Gay has sold out his community. She said that this cannot be tolerated. The Mayor then apologized from not speaking out at that time. She then spoke in favor of affordable housing for Madison Square. Sharon McCain asked for clarification regarding the portion of SW 77th Terrace where there are 2 -3 RO homes. She said that she does not believe that the particular area was ever studied, neither ever went to the Planning Board; however, all of the sudden, during the EAR process it was voted on to study. Mr. Perez said that what we have is area no. 9 and that is what was approved for a study. He went on to explain this in detail. Jerry Proctor to answer Ms. McCain's question, explained that there were a dozen or so possible map amendments that were proposed in 2005 and were voted on in early 2006 by the Commission; all of those were proposed by the City through its consultant, not by private property owners. Nancy Pantoja said that she lives south of SW 77th Terrace which was not included in the EAR process. She then referred to page 5 of the report, policy 1.1.3. She also said that neighbors in her area had been promised a traffic study. Mr. Perez explained what staff did regarding the policy that Ms. Pantoja referred to. He read the revised policy into the record and explained it further. Vice Mayor Wiscombe said that the problem with the language is the word "unless." He said that he recalls requesting against putting that word in there at the time because he felt that the buffer, the concrete fence that goes all the way back along those businesses on Red Road is the dividing line between business and residential, and that it shall not go beyond that. He said that he does not know who put that word in there but that it needs to come out. Jerry Proctor referred to policy 1.1.3, suggesting an alternative language. SPECIAL CITY COMMISSION 3 MINUTES - August 23, 2007 Walter Harris said that he does not believe that the residents in the CRA area have been thoroughly polled as the need or want of a large building right within blocks of their residents. He then urged the Commission to really poll the residents and that a letter should be sent out by the Commission to really find out what is the feelings of the majority -of the residents. Reverend Gay said that the people have spoken time and time again. He said that the people want economic development. Reverend Ellis said that she walks the streets in the target area and that she can say that the residents want the four stories in the community. Sarah Tompkins said that she has lived in the area all her life and that the residents want economic development. Valencia is six and the 700 building is six, then why not in their area. Daisy Harrell said that people have spoken and they do want the four stories because it is the right thing to do. Eda Harris argued for the separation of church and state... (tape inaudible) Reverend Cary D. Jones spoke in support of economic development in the CRA area. Simon Codrington said that Rev. Gay served as president of the coalition and that he did so in a dignified manner. He then said that he is now the president elect and that they have the responsibility to speak for those that are less vocal and intimidated by the process. He then went on to provide state law guidelines that needed to be followed as per Chapter 163 of Florida Statutes. Greg Horton said that he is tired of coming up to the meetings and saying the same thing every time. He said that they need the economic development and that they need it now. Lashonda Williams said that she does not think that this is a racial issue even though it could seem that way. She also said that the area needs economic development. Doris Hall spoke about affordable housing as a fair housing advocate, referring to the impact'policies may have on housing. Adrian Ellis spoke in support of the Madison Square project. He said that religion is part of our society. He said that the target area has been surveyed and adequately informed; therefore, they do know what they want, and that is economic development. SPECIAL CITY COMMISSION 4 MINUTES — August 23, 2007 Abu Canady said that residents can demand what they want through the Commission, and that the community wants economic development, and affordable housing. With no further speakers the public remarks section was closed and the Mayor announced a 5- minute break. As the meeting reconvened, Mr. Perez referred to the EAR Based Amendments to the text of the South Miami Comprehensive Plan dated August 2007, prepared by The Corradino Group and the Commission began to vote as follows: Chapter 1 FUTURE LAND USE ELEMENT GOALS, OBJECTIVES.AND POLICIES Page 4 Goal 1, Objective 1.1, Policy 1.1.1: There were no questions or concerns on this page. Page 5 Policy 1.1.3: To strike starting with the third sentence (underlined) , and the sentence will read: There shall be no additional intrusion of the residential office land use category 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. Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts to approve this amendment. After some further discussion, the language of the amendment was again read into the record and the motion to approve the amendment passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Page 6 Policy 1.1.4.: No changes Objective 1.2: No changes SPECIAL CITY COMMISSION 5 MINUTES — August 23, 2007 Policy 1.2.1: No changes Policy 1.2.2: No changes Policy 1.4.1: No changes Objective 1.5: No changes Objective 1.5: No changes Goal 2: No'changes Page 7 Objective 2.1: No changes Policy 2.1.1: Commissioner Beckman said that the policy should follow the objective and that this policy is in the wrong place. Moved by Commissioner Beckman to move Policy 2.1.1 under Objective 1.3. Seconded by Major Feliu, the motion passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Page 8 Goal 3: No changes Objective 3.1: No changes Policy 3.1.4: No changes Page 9 Policy 3.1.5: No changes Commissioner Beckman said that the policy should follow the objective and that this policy is in the wrong place. Moved by Commissioner Beckman to move Policy 3.1.5 under Objective 1.3. SPECIAL CITY COMMISSION 6 MINUTES — August 23, 2007 Commissioner Birts requested clarification from the consultant before voting on this amendment. The consultant said that the reason for this policy being placed there is because that objective deals with ways to increase the tax base; it deals with concurrency and annexation. Policy 3.1.6: No changes Page 10 Objective 5.1: No changes Policy 5.1.1: No changes Page 11 Policy 5.2.1: No changes This concluded the goals, policies and objectives. Future Land Use Categories Page 13 No changes Page 14 Neiqhborhood Center /Mixed Use District (Four Stor Commissioner Beckman presented his views on this section as it relates to the transition areas between commercial and residential; going from high density (TODD), then to low density (multi- family), and then to the single- family area. As an example, he explained how the Red Road Commons is planned to be done with the same transitions that are normally done. Therefore, he said that it does not make any sense to take this area (Madison Square) which has single family all around it, and build a four - story, high- density development with no transition to the single- family neighborhood. In conclusion, he argued that what is being proposed here is 60 units per acre versus the 24 that are allowed in the Hometown district. He said he would be in favor of a 2 -3 stories. Vice Mayor Wiscombe said that the reality is, that many of the homes in that area are not habitable and that they should come down anyway. SPECIAL CITY COMMISSION 7 MINUTES — August 23, 2007 Moved by Mayor Feliu, seconded by Commissioner Birts, the motion to extend the meeting until this item is finished passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Mr. Perez said that Commissioner Beckman made a very good presentation; however, he missed one key document which is the last EAR process (1997) . In that document, it was recommended four stories for the subject area; there was a very detailed analysis done, it was approved by the Planning Department at the time, and it was also approved by the technical staff at the Florida Department of Community Affairs. As a result of that, there was a mixed -use commercial /residential four story created, which is the same thing that we have in the Land Use Map today. Unfortunately, what happened was that the zoning was never changed to go with that land use. Vice Mayor Wiscombe then explained how the subject area is surrounded by single- family residential on one side; however, on the opposite side of 64th Street, which has a median in between, with a church on the south; on the west side of the Madison Square project; there is a convenient store, and there are other vacant lots. Therefore, the subject area is not surrounded by single- family residential alone. Commissioner Birts said that the project is a mixed -use and that she would like to see it stay the way it is proposed by the consultant; we need four or more stories, she said. Commissioner Palmer said she would be willing to compromise with three stories which is the most suitable to put on that lot; the first floors for the businesses; the second and third floors for housing. She said that this seems the most reasonable. This section was accepted as presented by a 3 -2 vote: Commissioner Palmer: Nay Commissioner Birts: Yea Commissioner Beckman: Nay Vice Mayor Wiscombe: Yea Mayor Feliu: Yea SPECIAL CITY COMMISSION 8 MINUTES — August 23, 2007 At this time, Counsel recommended that formal motions be made by the Commission in order to allow for any member who wished to make an amendment. Moved by Commissioner Palmer, to amend the language in order to reduce it from a four -story to a three -story building. Seconded by Commissioner Beckman, the motion failed by a 2 -3 vote: Commissioner Palmer: Yea Commissioner Birts: Nay Commissioner Beckman: Yea Vice Mayor Wiscombe: Nay Mayor Feliu: Nay Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the motion to accept this section as presented passed by a 3 -2 vote: Commissioner Palmer: Nay Commissioner Birts: Yea Commissioner Beckman: Nay Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Chapter 2 TRANSPORTATION ELEMENT GOALS, OBJECTIVES AND POLICIES Page 17 Goal 1: No changes Policy 1.1: No changes Page 18 Policy 1.1.3: No changes Page 19 Policy 1.1.4: No changes Policy 1.1.5: No changes Policy 1.1.6: No changes Policv 1.2.1: SPECIAL CITY COMMISSION 9 MINUTES - August 23, 2007 Moved by Commissioner Beckman to strike the word major on the first line, and insert non intrusive between minor and intersection. Seconded by Major Feliu, the motion passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor_ Wiscombe: Yea Mayor Feliu: Yea Moved by Commissioner Beckman to reconsider the wording on Policy 1.2.1. Seconded by Vice Mayor Wiscombe and Commissioner Palmer, the motion passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Moved by Commissioner Beckman to amend the language on Policy 1.2.1: Avoid adding any additional traffic lanes, with the exception of minor non - intrusive intersection... Seconded by Mayor Feliu, the motion passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Page 20 Policy 1.2.3: No changes Policy 1.2.4: No changes Policy 1.2.5: No changes Policy 1.2.6: No changes Policy 1.2.7: No changes Page 21 Policy 1.3.2: No changes SPECIAL CITY COMMISSION 10 MINUTES — August 23, 2007 Policy 1.3.4: Policy 1.3.5: Page 22 Policv 1.3.6: No changes No changes Moved by Mayor Feliu to amend the language on Policy 1.3.6 by adding at the end of the paragraph: In addition, the City shall pursue safe, pedestrian friendly crosswalks at all intersections. Seconded by Vice Mayor Wiscombe, the motion passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Objective 1.5: No changes Policy 1.5.1: No changes Objective 1.6: No changes Page 23 Policy 1.6.3: No changes Page 24 No change Page 25 No change Chapter 3 GOALS, OBJECTIVES AND POLICIES- HOUSING ELEMENT Page 30 Policy 1.5.2: No changes Policy 1.5.3: Commissioner Beckman said that this policy may have to be removed because is not legal. SPECIAL CITY COMMISSION 1 1 MINUTES — August 23, 2007 This was explained by Counsel Figueredo that the City cannot create and impose requirements on a conversion from apartments to condos as per Florida Statutes 718.5. Moved by Commissioner Beckman, seconded by Mayor Feliu and Commissioner Birts, the motion to remove Policy 1.5.3 passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Chapter 4 INFRASTRUCTURE ELEMENT— GOALS, OBJECTIVES AND POLICIES No changes on this Chapter. Chapter 5 CONSERVATION ELEMENT — GOALS, OBJECTIVES AND POLICIES No changes on this Chapter. Chapter 6 RECREATION AND OPEN SPACE ELEMENT — GOALS, OBJECTIVES AND POLICIES Page 39 Objective 1.1: Commissioner Beckman moved to add the words ...City owned... before recreation and open space... Seconded by Mayor Feliu, the motion to approve this amendment failed by a 2 -3 vote: Commissioner Palmer: Nay Commissioner Birts: Nay Commissioner Beckman: Yea Vice Mayor Wiscombe: Nay Mayor Feliu: Yea Chapter 7 SPECIAL CITY COMMISSION 12 MINUTES - August 23, 2007 INTERGOVERNMENTAL COORDINATION ELEMENT — GOALS, OBJECTIVES AND POLICIES No changes on this Chapter. Chapter 8 CAPITAL IMPROVEMENT ELEMENT — GOALS, OBJECTIVES AND POLICIES No changes on this Chapter. At this time the Commission reached the end of the Report. Mr. Perez explained that the document will now go back to Tallahassee for a review; it will come back to us after 120 days, and then we have 60 days to address it at a second reading. For clarification, Counsel Figueredo explained that once the document comes back after the 120 day period it cannot be amended. With some further comments, the motion to approve the ordinance on first reading, together with the Evaluation and Appraisal Report (EAR) as amended, passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea COMMISSION REMARKS The Commission was afforded to make comments. There being no further business to come before this Body, the meeting adjourned at 12:20 a.m. Attest Maria M. Menendez City Clerk SPECIAL CITY COMMISSION 13 MINUTES — August 23, 2007 Approved Horace G. Feliu Mayor 44 0 0 M N oxx U a E r b z a' m W LUx f a 0 a, a. z E 0 u v' x 'E COURTESY NOTICE CITY OF SOUTH MIAMI,:fLORIVA On Tuesday, April 1, 2008, beginning at 7 :30 p:m., in the'- City_ Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items:,..' AN' .ORDINANCE ADOPTING "THE - EVAULATION AND APPRAISAL; REPORT (EAR).BASED TEXT:AMENDMENTS TO THE SOUTH • MIAMI COMPREHENSIVE PLAN;. THE AMENDMENTS `ARE TO THE• ',GOAL•S, - 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. ° A RESOLUTION RELATING -TO A.REQUEST PURSUANT TO SECTION 20- 3:4(B)(22) OF THE LAND DEVELOPMENT CODE." FOR SPECIAL USE APPROVAL TO ALLOW AN AUTOMOBILE. RENTAL AGENCY TO BE -LOCATED AT -6136 S. DIXIE HWY..- IN THE. "GR" (GENERAL RETAIL) ZONING DISTRICT. If you have any inquiries od the above items please contact the Planning ,and Zoning Department at: 305 - 663: 6326:. ALL interested parties are invited to attend and. will be heard. - ` Maria M. Menendez, CMC ' •City- Clerk. ' Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If person, decides to appeal any decision made by this Board, Agency or Commission with respect to arty matter considered at its meet - Ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - APRIL 1, 2008 in the XXXX Court, was published in said newspaper in the issues of 03/21/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this- advertisem publication in the said newspaper. Sworn to and subscribed before me this 21 of A. 2008 (SEAL) O.V. FERBEYRE personally known to me ti "Ai?IALIJ�BA lON # DD 750170 kk` ;.f C: } Ir�ES: Aisrch 4, nd 2 12 F,a tlau ?nru Noiary Public undo writers .CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Corr mission of the: City of South' Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, April ,1; 2008 „beginning of 7 :30 P.M. in the City Commission Chambers, 6130 Sunset DrIVe, to consider the- following items: 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 FOLLOW- ING 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. A RESOLUTION OF THE MAYOR AND CITY COMMISSIONi OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(8)(22) OF THE- LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO ALLOW AN AUTOMOBILE _RENTAL • AGENCY. TO BE H LOCATED AT 6136 S. DIXIE WY. IN. THE. "GR" (GENERAL RETAIL)” ZONING DISTRICT; PROVIDING , FOR. AN EFFECTIVE DATE. If you have any inquiries on the above items please contact the Planning and Zoning Department's office'at: 305 - 663 -6326 ALL interested parties are invited to attend and will be heard. Maria M: Menendez, CMC 1 , City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to; any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and. that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 3121 08 -3-71 /986254M