04-22-08 Item 22South Miami
1
*America City
CITY OF SOUTH MIAMI , I I ®I
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis, Acting Planning Director ?
Date. April 22, 2008 ITEM No. ;-Z
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 COMMUNI-TY
AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC);
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The EAR -Based Text Amendment document which includes. over 100 revisions to the City's
Comprehensive Plan was before the Planning Board for final review at its March 11, 2008
meeting. The document dated August 23, 2007 contained a minor technical revision updating the
time period of the City's most recently adopted Capital Improvement Plan. This was the only
change suggested by the Florida DCA in their official analysis (Objections, Recommendations,
and Comments (ORC) Report) which was sent to the City on January 18, 2008. A simple
insertion of the name of the new capital improvement plan on p.52 was inserted into the
document. The Planning Board at the March 11 meeting unanimously approved the revision to
EAR -Based Text Amendment document, and forwarded on to the City Commission.
The City Commission at its April 1, 2008 meeting considered the EAR -Based Text Amendment
document on second reading (first reading was in August, 2007 prior to transmittal to Florida,
DCA). At that time one Commissioner moved to remove the section of the report which
contained a new land use category which would be applicable to the Madison Square project.
There was no second to the motion. After a public hearing the City Commission voted 3 ayes and
1 nay to approve the ordinance adopting the EAR - Based Text Amendments as part of the City's
Comprehensive Plan. The ordinance failed to be adopted because by Code a 4/5 approval vote is
required.
CURRENTSTATUS
Florida State Statutes Section 163.3191(10)(11) mandates that local governments must adopt the
amendments recommended in the EAR -Based Text Amendment Report. Failure to so within a
certain period of time will result in sanctions against the local government. These include not
being eligible to receive revenue sharing funds, grants for water and sewer system, road
construction funds, and Community Development Block Grant funds. In addition the local
government is prohibited from processing any changes to the Comprehensive Plan until the .EAR
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Amendments are approved and transmitted to the Florida DCA. The City Attorney has advised
that the City must adopt an EAR Based Text Amendment document even if that document is a
revised version of the report which failed to be approved by the City Commission. Based upon
this advice from the City Attorney and the recommendations from the City's EAR consultants,
The Corradino Group, the Planning Department has prepared a revised EAR Based Text
Amendment document which must be presented to the Planning Board and City Commission for
consideration.
REVISION NO. 1
"the City has not included a full Five -Year Schedule of Capital Improvements "
The EAR Based Text 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 on p.52, will satisfy the FDCA objection.
REVISION NO.2
The EAR Document contains a proposed new Future Land Use Map Category development to be
applied to the City sponsored Madison Square Project. The- category entitled "Neighborhood
Center/ Mixed Use District" is specifically written to allow for a mixed use community oriented
business center including affordable and market residential units. The density, floor -area ratio,
and height limits were purposely set in order meet development objectives of the City's
Community Redevelopment Agency, Miami -Dade County Board of County Commissioners and
neighborhood residents. This is further explained in "Appendix A" of the EAR Based Text
Amendment document. In that this proposal has caused continuing debate it is recommended that
the Future Land Use Map Category description on pp. 16 -17 for the "Neighborhood Center/
Mixed Use District" be removed from the current EAR Based Text Amendment document. This
will allow for a focused discussion on what future land use category should be placed in this
section of the document which would permit a Madison Square type development. In order to
assist the Planning Board attached are three alternatives for the future land use map category for
the Madison Square project are presented for consideration:
Alternative No 1- As adopted on first reading on August 23, 2007 and approved by Florida
DCA.
Alternative No 2- Submitted by Commissioner Beckman; contains some adjustments to
density, the floor area ratio formula and height of buildings near single family zones.
Alternative No. 3 - Prepared by the City Attorney and the Planning Department. Maintains
the same standards as Alternative I, however, residential density is reduced to 45 units per
acre. The wording of the land use category description has been simplified.
PLANNING BOARD ACTION
The Planning Board (Local Planning Agency) at a special meeting held on Monday, April 21,
2008 conducted a public hearing on the revised EAR Based Text Amendment document. The
recommendation of the Board will be reported to the City Commission at its April 22, 2008
meeting.
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RECOMMENDATION
It is recommended that the City Commission approve on first reading the EAR Based Text
Amendment revised document with the revisions as set forth below:
REVISION No. I It is recommended that the proposed revision related the name of the Capital
Improvement Plan (p.52) be approved as an amendment;
REVISION NO. 2 Description of the Future Land Use Map Category for the Madison Square
area, it is recommended that either Alternative No. I or Alternative No. 3 be approved as an
amendment and re- inserted in the EAR Based Text Amendment document (pp. 16 -17).
Attachments:
Proposed Ordinance
Alternatives 1,2,3 (Madison Sq. Land Use Category)
EAR Based Text Amendment Document (4- 21 -08)
Florida Department of Community Affairs ORC Report 1 -18 -08
City Commission Minutes Special Meeting 8 -23 -07
Public notices
SAY
X-• Comm Items1200814- 22 -08TAR Amend Revised CMReporrdoc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE
4 EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO
5 THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE
6 GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE
7 PLAN ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING;
8 INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE;
9 INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;;
10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
11 AN EFFECTIVE DATE
12
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14 WHEREAS, the Florida Legislature intends that local planning be a continuous
15 and ongoing process; and
16
17 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
18 periodically assess the success or failure of the adopted plan to adequately address
19 changing conditions and state policies and rules; and
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21 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
22 adopt needed amendments to ensure that the plan provides appropriate policy guidance
23 for growth and development; and
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25 \WHEREAS, the City completed its proposed Evaluation and Appraisal Report-
26 based textural amendments consistent with the requirements of Chapter 163, Part II, F.S.,
27 and Rule 9J -5 and 9J -11, F.A.C.; and
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29 WHEREAS, the City Commission at a special meeting on August 23, 2007
30 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
31 to the Comprehensive Plan, and adopted on first reading an ordinance approving the
32 Report and authorized its transmittal to the Florida Department of Community Affairs for
33 review and comment; and
34
35 WHEREAS, the Florida Department of Community Affairs in a communication
36 dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
37 (ORC) Report which report found that the EAR Comprehensive Plan amendments to be
38 consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida
39 Statutes; and
40
41 WHEREAS, the Objections, Recommendations, and Comments (ORC) Report
42 set forth one objection which required a minor adjustment to Policy No. 1.1.6 of Chapter
43 8, Capital Improvement Element; and
44
45 WHEREAS, the Local Planning Agency (Planning Board) at its April 21, 2008
46 meeting, after public hearing, adopted a motion by a vote of ayes nays
47 recommending that the adjustment to Policy No. 1.1.6 of Chapter 8, Capital Improvement
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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 , 2008
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:
ALTERNATIVE I
FUTURE LAND USE CATEGORY FOR MADISON SQUARE
(as adopted on first reading 8- 23 -07; submitted to DCA)
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, 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).
X: \Comm Items\2008 \4- 22- 08\Altemative I Ear- Revised Madison Sq.FLUM.doc
ALTERNATIVE II
REVISED FUTURE LAND USE CATEGORY FOR MADISON SQUARE
(submitted by City Commissioner Beckman)
Neighborhood Center IMixed 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. Pg,�,„ttP P ;a�hrc �pr,e; +;o —A ohall
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Bea�eLop�de. Neighborhood Center / Mixed Use developments are unified
cohesively designed developments, built according to specific and detailed plans which
allow a mix of uses that are substantially related, compatible or complementary.
developments shall emphasize pedestrian use and
accessibility through urban design principals as referenced in the City's Land
Development Regulations. Such developments shall respect the existing street grid by
including multiple parcels on adjacent blocks (bisected by public rights -of -way).
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Permitted heights densities and intensities shall be set forth in the Land Developingnt
Code subject to the following constraints: minimum lot size of 0.5 acres, maximum
building height of four stories maximum F.A.R. for the total development (does not
include garages) of 2.0. maximum residential density of 15 units /acre multiplied by the
number of stories allowed minimum average residential unit size of 800 SF.
F --ter the G MJ T Gateg^My, 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 residential units allowed shall be based on the ��.,e; + =� �r *�P racirlantial nnitc nrnr+_�Ad�
maximum allowable residential density 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 floor,
while retail, cultural / entertainmente��o-uses shall be restricted to the ground floor
of a multi ctnrc� hnilrlina_
The Land Development Code shall establish standards for compatibility with
surrounding neighborhoods that at a minimum address allowable structure height as a
function of distance from single - family zones; and required setbacks, landscape
requirements and architectural standards for any portion of a parking garage visible from
a street or properties in the surrounding neighborhood.
ALTERNATIVE III
REVISED FUTURE LAND USE CATEGORY FOR MADISON SQUARE
(submitted by Planning Dept. and City Attorney)
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 culturaUentertainment uses characteristics of
traditional neighborhoods. Neighborhood Center/ Mixed Use developments are
unified cohesively designed developments, built according to specific and detailed plans
which allow a mix of uses that are substantially related, compatible or complementary.
Developments shall emphasize pedestrian use and accessibility through urban design
principals as referenced in the City's Land Development Regulations. Such
developments shall respect the existing street grid by including multiple parcels on
adjacent blocks (bisected by public rights -of- way).
Permitted heimhts, densities, and intensities shall be set forth in the Land Development
Code subiect to the followinz constraints: minimum lot size of 0.5 acres, maximum
building heikht of four stories, maximum F.A.R. of 2.0, maximum residential density
of 45 units /acre.
Any residential component shall be no greater than 75% or less than 40% of the gross
floor area of the development. Non residential components shall be no greater than
60% or less than 25% of the gross floor area. Residential uses may be located on any
floor, office uses on the first and second floor, while retail and cultural/ entertainment
uses shall be restricted to the ground floor.
X: \Comm Items\2008 \4- 22- 08\Alternative III Ear- Revised Madison Sq.FLUM.doc
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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 62"d 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.
Josefine 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
of SW 77th Terrace
she does not belie
neither ever went
sudden, during the
asked for clarification regarding the portion
where there are 2 -3 RO homes. She said that
ve that the particular area was ever studied,
to the Planning Board; however, all of 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 CPA 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 Co.rradino 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
Neighborhood 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 %
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
r"nA 1 1
Policv 1.1:
Page 18
No changes
No changes
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
Policy 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: No changes
Policy 1.3.5: No changes
Page 22
Policv 1.3.6:
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
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G. PELHAM
Govemor Secretary
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: htttD://ww,,v.dca.,tDte.f!.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING HOUSING t COMMUNITY DEVELOPMENT
?5 c.ere75 rti._ih.vcy. 2! 2 54 - humnard:ck ec. ;evu!d
.,.rotncn. FL 331:5) -:227 323 ; + -2'.0) FL _?3:. _'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,
Mike McDaniel, Chief
Office of Comprehensive Planning
WIMI
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
FOR
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)(x),
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;
• listing of additional changes not previously reviewed;
• 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 9I -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
intergovernmental 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 WITH 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.
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
VERONICA PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of .
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/22/2008
in the XXXX Court,
was published in said newspaper in the issues of
04/10/2008
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 advertisement for publication in the said
newspaper.
Sworn to and subscribed before me this
10
(SEAL) E MARIA I. MESA
C M SIGN # DD 750170 VERONICA PEREZ � March 4, 2012 d rnru Notary Public unde". tern
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CITY OF 50UY�hI:B�IAMI
< TICE OF PUBLIC HIEAE;PNG i-
NOTICE IS HEREBY °given that the City Commission of the City.ofSouth
Aiami; Florida:will`conduct Putilc.Heanngsat.its regular City Commission
Cambers 6130Sunset D`nve to constder:the•
E-
' YOR CITY COMMISSION
1+,THYMIAMIf RELATING:TO A'.;REQUEST{
ITION 20 3 4(bR.4 b) °.rAFSuTHE. LA ND.-:
E FQR A,SP.ECIAktJ, SE APPROVAL TO -'
RESTAURANT�LOCATED AT 5734 SW;� . ,.
FT, SR (HDEOV) 'SPECIALTI i RETAIL.::
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GT ObERLA. .ZONING;D[STRICT; -AN
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CTIVE DATE
fHEkMAYOR AND ;PITY .COMMISSION -
TON „�20- 5.19(E)(3) OF THE
OR.THEINSTALLATION•OF, A ,
:'FIRST F,LOORI~`ARCADE
C, . OMMERCIAL -BUILDING '
)RIVEs(SHELLEY.:'BUILDING);
OR "AND :CITY,COMMISSION
EMI, FLORIDA,RELATING_TO
1CL'LC i' :'
IISSION`,
'6 20- 5- A9(E)(3)'- OF THE
OF uFRONT �FAADEz WINDOWS AND -DOORS ON _;A
DESIGNATED •'HISTORIC ' COMMERCIALS BUILDING
LOCATiED�IAT 57x12 SUNSET, "DRIVE�'(CROSSROADS'.'
BUILDING) PROVIDING AN EFFECTIVE DATE
t7. , -• AN, ORDINANCE,-OF THE`,i6TY OF;SOUT.H.MIAMI FLORIDA;
i ADOPTING THE;EVAULATION AND' 'APPRAISAL REPORT
;wits( EAR); ?B ASED',TEXTiAMENDMENTS'TO,THE 'SOUTH•MIAMI'
<tirCOMFREHENSIVE: =PLAN; _THE AMENDMENTS' ARE ` -TO
THE rGOALS ;OBJECTIVES,; AND-`POLICIES' FOR' THE
e)4�FOLLOWING COMPREHENSIVE. PLAN ELEMENTS: FUTURE.
z : ;LAND `;:USE,TRANSPORTATION;"- HOUSING; • INFRASTRUC
►,: CONSERVATION'-,;,RECREATION AND OPEN SPACE;
44AZINTER, GO,VERNMENTAL ;.COORDINATION;' AND' CAPITAL
_:IMPROVEMENTS; PROVIDING'FOR SEVERABILITY; ORDI-
NANCES IN SCONFLICTs AND- PROVIDING. AN EFFECTIVE -
r:.r
NbTICE IS HEREBY :also given that the regularly scheduled. second
meeting forthe month of,dpnl was moved from Apn1:15 to Apnl 22, 2008. `
,lf you have5any inqulnes on the above items please contact -the Planning:
Departments officeat'305663.6326
AWnterested part
i ies are mVited to attend and will be heard.
:1 >it sk ��^^ 's' °:'> i'r'c`' ° -•, aria M. Menendez, CMC l
-M di y.Cle.
:- ?ii.C,.•,�`,• -;'
:Pursuantto Flodda Statutes286.0105.It.he City hereby advises'the public
'thatiif• a, peison'Wdeciiiesitoi- appeal, any deeis_ion made by this'Board' .
Agencyto� Commission With,;respect'�to any 'matte r: considered at ifs!
meetingtor:hearing;: e . orishe -will need a reoord of the proceedings, and:
that-;forsuch,purpose, affected'person may need to ensure that a verbatim
record of the proceedings is made which :r'ecord includes.the `testimony and'
.
e4ldence upoh which the.appeabis-to tie based:”
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A':yoga based class also .combining
-: Pilates and Tai Chi, instructed by ' -
•World Champion Martial Artist an
fitness instructor Nicole Plummer.
Top quality classes to'help people J^
improve and-maintaln health in:a-
positive and fun way.:Classes -held
Monday,'Tue "sday, and Wednesday
from 12:00 p.m: = 1:00 p:m. `
Academy" of Martial Arts"
2830 Oak Ave. .Cocoriut Grove; Fl::33133' .1
- - -
Qhallengeyourfltness @earthhnk.ne-t•�
-COURTESY( NOTICE,`
'CITY OF.SOUTH'- 'MI.AMI,'FLORIDA
On Tuesday, April 22; 2008, beginning at 7:30 p.m., in the City Commission .
Chambers, 6130 Sunset Drive; the City.Conimission will hold Public Heiriogs. `
to consider the following items:
A RESOLUTION. RELATING TO A REQUEST,PURSUANT TO SECTION,'_.'
20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A-SPECIA '
USE APPROVAL TO LOCATE:A GENERAL - RESTAURANT LOCATED AT
5734 SW 72n1 STREET WITHIN THE "SR (HD -0V)" SPECIALTY RETAIL_'
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT.
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS PURSUANT TO SECTlON20- 5.19(E)(3)1OF THE -
LAND DEVELOPMENT CODE FOR THE'. INSTALLATION OF A HANGING
SIGN iN THE FIRST FLOOR.ARCADE OF'kDESIGNATED HISTORIC.
COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE '(SHELLEY :
BUILDING).
A RESOLUTION RELATING TO THE ISSUANCE OF A .CERTIFICATE OF •
APPROPRIATENESS PURSUANT -TO SECTION 20- 5.19(E)(3) OF THE'
LAND DEVELOPMENT CODE FOR THE INSTALLATION OFA WALUFLAT
SIGN ON A DESIGNATED HISTORIC-COMMERCIAL BUILDING LOCATED'- '
AT 5851 SUNSET DRIVE (SHELLEY BUILDING):.
A RESOLUTION. RELATING TO THE ISSUANCE"OF A'CERTIFICATE 'OF
'' '
APPROPRIATENESS. PURSUANT TO SECTION. 20- 5.19(E)(3) OF THE'1
'LAND DEVELOPMENT CODE-FOR.THE REPLACEMENT;OF:.FRONT : )
FACADE WINDOWS AND -DOORS ON 'A ' DESIGNATED' HISTORIC I /
I I COMMERCIAL • BUILDING LOCATED AT-. 5712- SUNSET:.' DRIVE r
(CROSSROADS BUILDING): ^'
AN ORDINANCE ADOPTING THE - EMULATION • 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; 11
INFRASTRUCTURE;: CONSERVATION; RECREATION AND- OPEN
SPACE; INTERGOVERNMENTAL COORDINATION; 'AND' CAPITAL'..
IMPROVEMENTS.
NOTICE IS HEREBY given that the regularly scheduled second meeting for
the. month of April was moved from April 15 to April 22, 2008.
If you have any inquiries on the above •items please contact th e City'Clerk's
office at: 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard.
Maria•M. Menendez, CMC j
City. Clerk
'Pursuant to Florida Statutes 286.01.05, the City hereby advises the public that if a person decides
to appeal any decision made byAhis 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 th
such purpose, affected person may need to- ensure that'a verbatim record of the proceedinI
made which record includes the testimony and evidence upon which the appeal is to be basei
'
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red for the City,
CORRAmND CROUP
David Plana Grou *- .,
Table of Contenti
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
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;
Sk*ethret - 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 s#fi1ethr-Gugh 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 (densitylntensity 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,
2
CHAPTER I
FUTURE LAND USE
ELEMENT
FUTURE LAND USE ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 8119197 by Ord.No. 20 -97 -1641; Amended 317100 by Ord.No. 1 -00 -1703;
Amended 11!7/00 by Ord.No. 27 -00 -1729
Goal 1 To maintain and improve the City's neighborhoods, and the quality of
life of existinc
i and future residents.
e e� fog single-
m /I town wig r wfwr ww.+wwGwlhy fha
family Fesfdenval.neighbe-
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 Map through its land
development regulations. €Iiminate Uses that are inconsistent with
the community character as set forth on the Future Land Use Map. shall
be eliminated won -f SuGh-- insensistent Vim:" be
assemplis 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 ILA.,
"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 weaF- of adeptian of this Pla.RY
_
FefeFy,Tww w this „M J l �e +W.w►:w„ 7 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 ILA.,
"Development and Redevelopment ". The amendment reflects
the current adoption status of the Plan, and provides a
framework for amending the land development regulations to
!!
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 - maiden- W o`fic` land us
sategery 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 11.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 1.4.
Reason for amendment: Recommendation LU -7. to address EAR Issue ILA.,
"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 Env&on .en a= R°"�- w 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 2441.3.2 The City shall seek to ensure bicycle and pedestrian connectivity in all
areas within its boundaries, in accordance with neighborhood plans
and the Comprehensive Long Range Transportation Study. err ^,tea
,/ / tt°�t:�� iownteaw rFur / � L/
inGludina e- of sidewalk GAnnA/.tl. /I */ r.r�■ /i ci�nC Af I�n./'I°
V I • • f
_ ° routes. and implementation tree vlantkw-wewts
for- - Charret-te- vlannina areas and :nale f n#y psid°ntial areas.
Reason for amendment. Recommendation LU -12. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment is
intended to provide for downtown redevelopment in accordance
with redevelopment plans and goals, and protect residential
areas from the encroachment of nonresidential uses. Please
note that existing Policy 2.1.1 is being moved here, renumbered,
and amended.
Objective 1.4
Maintain and review a revised development code that includes
innovative zoning techniques relative to the transition between
residential and non - residential districts.
Policy 1.4.1
The City shall utilize mixed land use zoning categories to achieve
creative development in the transition areas between commercial and
residential and to achieve the goals set forth in the public charrettes.
Policy 1.4.2
As a part of the development code review, refine provisions relative to
open space, stormwater management and on -site traffic flow; give
particular attention to on -site parking requirements based upon the
policies that back -up the Future Land Use Map.
Objective 1.5
ReeegnWRg 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 •// /.�nt:nQ :tom °..rt��e— asi,Tel., t`'�
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
ef the City's Hometown District by continuing to
foster development and
redevelopment as a vibrant walkable mixed -use town center as
envisioned in the Hometown PRIans Community Redevelopment
Agency plans, and other plans that may be adopted by the City. Sou b
.Wami,s
the
idenWled as the 'Wometown linked to the
mixed -use pMeGts is en"uFaged by the City as enwsioned-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 City 's prime retail and commercial service center, as
spesi#ied -in in accordance with the Future Land Use Map. NeasuFabilky
shall There shall be no major commercial rezonings of single- family
A.
residential properties emless s�s1t rezonings are- de °"' °'' n ° ^ °c °"'"'
implement adopted redevelopment n/ ns Of -E#^ nnr�nriat
t 1t b hetween different gees and Imsin
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 11.21 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.J2 Oppose street widenings that would either feed more through traffic
into the downtown area or adversely impact its pedestrian amenities in
downtown South Miami.
Reason for amendment: Existing Policy 2. 1.1 was moved to Objective 1.3 and
renumbered.
Policy 2.1.43 Discourage urban commercial sprawl by promoting, growth in the core
area surrounding the Metrorail Transit Station by creating a district for
new growth which is contained and transit - oriented, thereby relieving
the pressure for commercial rezonings outside of this core area.
Reason for amendment: Existing Policy 2. 1.1 was moved to Objective 1.3 and
renumbered.
Goal To achieve a tax base adequate to support a high level of municipal
services via increased mixed -use projects and flexible building heights
in designated Transit - Oriented Development
Districts (TODD], to the extent that development and redevelopment in
these districts does not adversely impact surrounding neighborhoods
and uses.
Reason for amendment. Recommendation LU -13. to address EAR Issue II.A.,
"Development and Redevelopment ". The amendment reflects
the establishment of Transit Oriented Development Districts, and
addresses concerns about their potential impacts on
surrounding neighborhoods and uses.
Objective 3.1 AGN eve ever- the next five yea - an in °" e in the ta* bas ° Continue to
increase the City's tax base and fiscal health through new development
and redevelopment, increased property values, annexations, impact
fees, grants, and other strategies as appropriate.
Reason for amendment. Recommendation LU -14. to address EAR Issue II.D., "Fiscal
Health and Government Services ". The amendment reflects
strategies to maintain and increase the City's financial health
and ability to deliver key infrastructure and services.
Policy 3.1.1 Zone for new development and redevelopment in accordance with the
Future Land Use Map, including multi -story and mixed -use districts.
Policy 3.1.2 Enforce the City's zoning and other land development codes.
Policy 3.1.3 Pursue traffic policies, parking policies and pedestrian amenity policies .
that enhance downtown, and thereby the tax base.
EJ
Policy 3.1.4 The City shall maintain and, as appropriate, expand the CFeate-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 enactinq 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
_ -
FUME
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 enactinq 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 To achieve revitalization and renewal of areas designated as
redevelopment areas.
Objective 5.1 Implement the Grea +' ^^ of Continue to utilize the South Miami
Community Redevelopment Aciency in order to spearhead South Mia
Community Redevelopment Area and the South Afiami CGmmuni
Redevelopment Age efforts to and _ work with citizens and
stakeholders to improve the quality of life for citizens, businesses and
property owners in the South Miami Community Redevelopment Area.
Reason for amendment: Recommendation LU -18. to address EAR Issue II.A.,
"Development and Redevelopment". The amendment reflects
the fact that the South Miami Community Redevelopment Agency
has been established.
Policy 5. 1.1 Implement and periodically update the PrepaFe and adopt 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 Des jnz *° a 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 Tra#ic
DiGulatiGn 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
commercial /residential shall provide incentives for transit- oriented development and mixed -use
development. Zoning regulations shall reinforce "no widenings" policy set forth in the Tra#ic
CftulatiGn 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)
(Removed)
16
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 12tngrade 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 appropriate
techniques, and that iGh 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 ll level -of-
service standards for roadways are as follows::
Principal Arterials "I"
Minor Arterials "T"'
Miller Drive "F"
7 A#ar The peak hour level -of- service
standard shall be 150 percent of D capacity for US -1.
2. The peak hour level -of- service standard for Bird Road
shall be 120 percent of E capacity.
19
4. 3. The City will not issue any new - construction permit which
would have the effect of lowering the level -of- service on Bird
Road or US -1 below the levels specified —`1, " "2," and *' above,
unless such permits are issued pursuant to a development of
regional impact (DRI) approval granted prior to the effective date
of this plan.
JWF
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 13 In accordance with applicable State requirements, the City shall
annually review the impacts of its designation as a Transportation
20
nepadment
whiGh doe- - - - - - - W in the future
There s AAeMerail Transit Station
lead
in the
the
ft�ps onto US4.
he a of the Git 4s only
c is OIaSiVfl
-/71i1
L 7 J
intensive development 7
• ,
he MetFeFail
Tmnsft Stagen-wN
Fit el the area around
`rand lesal f�nl
__
" lre dy ur -- bani sep
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re and reduoing urban c n am
30 head
YtFtflt
_id- l° le along Bird
4. Bus seXWcae - with minute
f
level-ef ser-viGe designation on
the City 'as
S.. Read-.
r-y substantially
r-eduGed th
e. In enaGting f
i implementing
zoning
.-
.
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 13 In accordance with applicable State requirements, the City shall
annually review the impacts of its designation as a Transportation
20
nepadment
of Community-A44im
The City understands
Ls
"
"
'4
"
rgandafWs set fogh in
f
minimize trcmo GenMestion
.
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 13 In accordance with applicable State requirements, the City shall
annually review the impacts of its designation as a Transportation
20
Concurrence Exception Area on Strategic Intermodal System facilities
and the adopted level of service standards of transportation facilities
funded in accordance with Section 339.2812, F.S.
Reason for amendment. Recommendation T -3. to address EAR Issue II.B.,
"Transportation ". The amendment addresses State
requirements for annual review of the impacts of the
Transportation Concurrency Exception Area designation.
Policy 1 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
Concurrency 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 MetroRa►l; and
evaluate the provision of more uniform parking requirements, and
parking issues Citywide.
Reason for amendment: Recommendation T -4. to address EAR Issue 11 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 pro►ects to support and fund mobility,
enhance alternate modes of transportation, and ensure connectivity ►n
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 i 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 anv 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 residential 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 Parkinq bonus provisions
• T A L J A I M+
been effective in furthering redevelopment and transit 4oals, and if they
should be reduced or otherwise adiusted in order to lessen the Parkinq
deficit The Parkinq 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 Parkinq facilities in the City, and the linkages between
these parking facilities and destinations.
Reason for amendment. Recommendation T -9. to address EAR Issue II.A., "Development
and Redevelopment". The amendment addresses parking
concerns raised during the public participation process.
Policy 1.2 .5 The City shall implement strategies recommended in the 2004
Downtown Parking Study to increase the available Parking spaces in
the Hometown District.
Reason for amendment. Recommendation T -9. to address EAR Issue If A., "Development
and Redevelopment ". The amendment addresses parking
concerns raised during the public participation process.
Policy 1.2 .6 The City shall consider Parkinq to be part of the required infrastructure
for new development, and new developments are responsible for
ensuring that adequate Parkinq is planned accordingly. The Parking
Board shall be involved in any decision making.
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 1.2 .7 The City shall seek to reduce negative transportation impacts on
neighborhoods through such strategies as traffic calming, reduced
travel lanes, wider sidewalks, medians, and landscaping. In school
areas, strategies to reduce adverse impacts of bus traffic through the
provision of sidewalks, bicycle paths, and reconfigured bus loading
areas should be considered and coordinated with Miami -Dade County
Public Schools as appropriate.
Reason for amendment. Recommendation T -11. to address EAR Issue 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 II.B.,
Transportation ". The amendment supports the development of
multi -modal transportation options in the City.
Policy 1.3.3 Work with the MPO to achieve bus service to major employment
concentrations.
Policy 1.3.4 !998,- estabfish a shutUe seFviGe system to include major Gemmer-Gia
and institutional sites in the TFansit-04ented Development WsWiGt
Genjunetion-with the auth Miam�-WtFoAa# it Station. (97-1
The City shall annually evaluate its Trolley Service to determine whether
it should be maintained and/or expanded.
Reason for amendment: Recommendation T -15. to address EAR Issue 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
iurisdictions 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 //A., "Development
and Redevelopment". The amendment reflects concerns about
safety and the disconnection of the downtown area from
MetroRail raised in the public involvement process.
Objective 1.4 Protect existing street rights -of -way including access points.
Policy 1.4.1 Although no collector or arterial widenings are recommended by the
City at this time, use development plan reviews and other means to
protect existing rights -of -way, in order to prohibit any further pavement
widening.
Policy 1.4.2 Use the site plan and plat process to control curb cuts on public
streets.
Objective 1.5 Continue to refine and develop detailed plans for new sidewalks and
additional bikeways and begin implementation. as part of the
Comprehensive Long Range Transportation Study.
Reason for amendment: Recommendation T -16. to address EAR Issue II.B.,
"Transportation ". The amendment supports the development of
multi -modal transportation options in the City.
Policy 1.5.1 Continue to refine and update a detailed bikeway plan including access
to the Metrorail Transit Station and adequate on -site storage
requirements through development code site plan requirements and as
part of the Comprehensive Long Range Transportation Study.
Reason for amendment. Recommendation T -20. to address EAR Issue II.B.,
"Transportation ". The amendment supports the development of
multi -modal transportation options in the City.
Objective 1.6 ,
Station and -all devefg.pm—en't 16 d east of the Palmetto Kxpresswajo-
The City el South Miami is leGated in the County management area (96
MR) (97-10?) 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 [FINS] roadway
that is operating below any adopted level -of- service standard,
which increase would exceed two (2) percent of the capacity of
the roadway at the adopted standard, the City shall require the
developer and successors to implement and maintain trip
reduction measures to reduce travel by single- occupant vehicles
so that the resultant increase in traffic volume does not exceed
two (2) percent.
Policy 1.6.2 The City of South Miami shall include in its concurrency management
program appropriate rules that address this policy and are consistent
with requirements contained in Chapter 163, Part ll of Florida Statutes.
Policy 1.6.3 The propose df 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 -18, 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
56'h Street (Miller Road) and SW 67`h Avenue (Ludlum Drive) to prevent
any road widening, pursuant to Policy 1.2.1, and in order to achieve
25
consistency with the Metro -Dade County CDMP. Please note that these
roadways serve only residential uses in the City of South Miami and
should not be designated by the County for higher capacity and lane
expansion within City limits.
CUM
An n h• i of
the
tr at/en levels
-ef_ceFyioe
..nri
er•• e
e4 sting
�
based
nspe ystem,
r
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s�is� fle6s,
upon
for- average and
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hou
most reeently
avagable es9mates
peak
that the
is funGtiening
and will identify
needs
whioh
show
&ystem
c1tocrPCOU 1—
awl
26
•
c1tocrPCOU 1—
awl
26
The analysis k4ernal
nO.Y the O
shall address
ai.Si3C Gf mi,-
1
—abilw of f an
Reason for amendment. Recommendation T -19, to address EAR Issue ILB.,
Transportation ". The amendment removes two interim policies
that are no longer relevant.
Policy 1.6.6. In accordance with applicable State requirements, the City shall
annually review the impacts of its designation as a Transportation
Concurrence Exception Area on Strategic Intermodal System facilities
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 II.B.,
"Transportation". The amendment addresses State
requirements for annual review of the impacts of the
Transportation Concurrency Exception Area designation.
27
CHAPTER 3
HOUSING ELEMENT
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 , The City shall support public and private
• " to
efforts
provide at least 100 additional housing units, and aspire for the creation
of 200 additional units, by x-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 ro ortions that are reflective of
housing demands and needs in residential projects and communities.
Reason for amendment. Recommendation H -2. to address EAR Issue II.A.,
"Development
and Redevelopment': The amendment reflects goals established
by the City's Affordable Housing Advisory Committee.
Policy 1.1.1 Utilize the Future Land Use Plan and zoning map to assure a diversity of
housing types.
Policy 1. 1.2 Continue a municipal development application review process that
minimizes delay yet assures quality control.
Policy 1. 1.3
- - - The
City shall continue to address affordable housing and redevelopment
needs in its Community Redevelopment Area through 2010-201
through such activities as a charrette process, the Single Fam►Iy Inf►ll
program, the Multi-Family Housin-Q 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 e9min to aft 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
E-stab&h procedures for- syste.ma-da- review and pub& input FegaFdin
for- t- and a Med
master- plan new
strengthens the indivklual idenW of each neighbeFheed and the Ci
as a •••h^'°. 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 eliminate substandard
ifts fin ag I&.
Reason for amendment: Recommendation H -5. to address EAR Issue II.A., "Development
and Redevelopment". The amendment addresses concerns
tear downs and redevelopment in existing neighborhoods,
about
and updates the dates and timelines.
Objective 1.3
To emate and maintain aft ble housing for- all ouffent-and
anticipated &-.uree residents of the City ad specifirally suppGAtin-9-
WuGtibnefan
Station tic by -the year- 2005. ..W-Gon
defi,�ofa,;;Fdablehousing by 25 The City and its Community
Redevelopment Agency shall continue to coordinate with public and
private agencies to meet the affordable housing needs of low and
moderate income residents throuqh the implementation of specific
programs, in accordance with adopted plans.
Reason for amendment: Recommendation H -6. to address EAR Issue II.A., "Development
and Redevelopment". The amendment reflects affordable
housing programs being implemented through the City's
Community Redevelopment Agency.
30
Policy 1.3.1 Utilize the Future Land Use Plan and zoning maps, making special use
of mixed -use districts, to provide for areas which promote 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 aGquW vaGant pr-ape pro
omits -- provide for the construction of affordable housing units in
accordance with its adopted Redevelopment Plan.
Reason for amendment: Recommendation H -8, to address EAR Issue ILA., "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;
shag be- dernelas;;eo 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 zonin�c
regulations as promulgated by Miami -Dade County to produce
additional affordable housing units Citywide.
Policy 151 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 op to " 0 ^"'Gent 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 I - -1. to address EAR Issue II. D., "Fiscal Health
and Government Services ". The amendment updates the date.
Policy 1.1.1
The City shall cooperate with the County on programs to extend the
sanitary sewer system to those houses still served by septic tanks and
with lot sizes of less than one acre particularly in the Brewer Canal area
north of Sunset Drive.
Policy 1. 1.2
Continue the City policy of requiring major new development to tie into
sanitary sewers, if feasible.
Policy 1. 1.3
Cooperate with the County on any program to reduce groundwater
infiltration into the existing sewer lines.
Policy 1. 1.4
Sanitary sewer level -of- service for sewered areas shall be as follows:
the project flow plus the maximum day flow (the average of the five
highest daily flows) of the preceding calendar year shall not exceed 98
percent of the county treatment system's rated capacity. Otherwise,
septic tanks shall be the level -of- service.
Objective 1.2
Maintain solid waste collection services to residents and businesses
within the City at the current level -of- service. See policy for
measurability.
Policy 1.2.1
Pursuant to the City's interlocal agreement with Metropolitan Dade
county for use of the county Solid Waste Management System, the
County shall insure that the System, which includes County -owned
solid waste disposal facilities and those operated under contract with
the County for disposal, for a minimum of five years, collectively
maintain an amount of solid waste disposal capacity sufficient to
accommodate waste flows committed to the System through long -term
interlocal agreements or contracts with municipalities and private waste
haulers, and anticipated non - committed waste flows.
Policy 1.2.2
Monitor the demand at the County Transfer Facility to assure adequate
capacity for the City.
34
Policy 1.2.3 The City and County shall formalize a 30 percent recycling program.
Objective 1.3 By 2001, 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 1 -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
The City shall continue
to implement improvements to avoid major ponding and direct outfall
problems through its Stormwater Drainage Improvement Program, and
by requiring new development. including single family development, to_
perform drainage calculations to ensure no net increase in runoff.
Reason for amendment. Recommendations I - -2. and 1 -4. to address EAR Issue II.D., "Fiscal
Health and Government Services ". The amendment recognizes
the City's Stormwater Drainage Improvement Program, and its
program of improvements.
Policy 1.3.2 The City's adopted Level of Service Standard for stormwater draina e
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 erate coordinate with the County in order
for- them upgradelag all substandard water mains and laterals within
the City9.
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 shag 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 Citv 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.
(Vote: 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 19,199Z
36
CHAPTER 5
CONSERVATION ELEMENT
37
CONSERVATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
Adopted 10116101, by Ord.No. 26 -01 -1757
Goal 1
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 Ci 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 II.D., "Fiscal Health
and Government Services ". The amendment correctly reflects
the City's role and the function of the Environmental Review and
Preservation Board.
Policy 1.3.2 Retain the natural features character of Fuchs, Dante Fascell and
Brewer Parks.
Policy 1.3.3 The City shall undertake the acquisition of natural areas and open
space, using a variety of grant funding methods, in coordination with
Federal,. State, and County agencies and non - profit organizations.
Objective 1.4 Assist the County in implementation of its proposed water conservation
program.
Policy 1.4.1 The City shall assist the County in its proposed water conservation
program through plumbing requirements, and xeriscape plant materials
in medians and parks.
Policy 1.4.2 The City shall support, as appropriate, Miami -Dade Country
development and implementation of the Water Supply Facilities
Workplan required by Florida Statute, and the _water conservation effort
of other agencies Moreover, the City shall coordinate, as appropriates
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 ' ' ' The City shall
provide at least four acres of recreation and open space per 1,000
residents, and coordinate with other public and private a -gencies 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.
Piz
lVdA
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; identify the specific recreation and open space needs
of City residents, a strategic plan for comprehensive
improvements to the existing and planned recreation and open space
system; identify additional opportunit ies to enhance the recreation and
open space system through -grants, impact fees, and other appropriate
sources; identify 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, establish a schedule for the Plan's Periodic update.
Reason for amendment: Recommendation PR -4. to address EAR Issue II.C., "Parks and
Recreation ". The referenced Plan will assist the City in its
efforts to meet the recreation needs of existing and future
residents.
Policy 1.1.5 By 2010 the City shall evaluate the feasibility of instituting impact fees
and other mechanisms by which all private development is assessed its
fair share of the costs associated with providing recreation and open
space land and services.
Reason for amendment: Recommendation PR -5. to address EAR Issue II.C., "Parks and
Recreation ". Impact fees will enhance the City's ability to meet
the demand for recreation and open space generated by new
development and redevelopment that will increase the residential
population.
Policy 1 1 6 The City shall monitor the availability of adequate park space to meet
the demand -generated by the issuance of residential, multi - family
residential, or the residential component of a mixed -use development
building permits on an on -ggoing basis as part of its Concurrency
Management System.
Reason for amendment: Recommendation PR -6. to address EAR Issue II.C., "Parks and
Recreation ". The amendment reflects the City's efforts to meet
and exceed its adopted Level of Service Standard for recreation
and open space.
Objective 1.2 Through coordination with public and private agencies, the City shall
make certain that the six supplemental recreational and open space
facilities in the City plus two nearby County parks remain available at
reasonable hours and conditions.
Policy 1.2.1 The city shall work the County school and park officials to assure that
their recreation facilities continue to help meet South Miami citizen
needs.
Policy 1.2.2 The City Recreation Department shall continue to coordinate its
programming with such quasi - public facilities as the YMCA.
42
Policy 1.2.3 Participate in planning for greenways and trails, in conjunction with
State, County and other local government jurisdictions.
Policy 1.2.4 The City Recreation Department shall coordinate with the South Florida
Sports League or other similar organizations to assure that their
recreational programs are available to all residents in the City of South
Miami.
Reason for amendment: Recommendation PR -6. to address EAR Issue II.C., "Parks and
Recreation ". The amendment reflects the City's efforts to meet
and exceed its adopted Level of Service Standard for recreation
and open space
Objective 1.3 To retain public access to all sevep City parks phm the and community
centers {including shoreline access at ;h�ee 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
per -a pdate hours set forth in the City Code, to its parks, park
shorelines along the canals and the community
centers. 2001. Undertake
opportunities for additional waterfront recreation facilities, when
suitable properties become available.
Reason for amendment. Recommendation PR -8. to address EAR Issue II.C., "Parks and
Recreation ". New community recreation facilities have been
provided in Murray Park and at the YMCA site.
Policy 1.3.2 The City shall assist the Metropolitan Dade County Department of
Environmental Resource Management in the protection and
preservation of the Girl Scout Parkas 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
to determine the levels of service to be provided,
requests specifically
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' S, 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
By Alovem 1115,11,1111t,2000, the City -"Fee
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
Reason for amendment: Recommendation IC -1. to address EAR Issue 11 D., "Fiscal Health
and Government Services ". The amendment recognizes the
2003 Interlocal Agreement.
Policy 1.3.6 The City will coordinate with the appropriate agencies in order to assure
adequate provision of county wide facilities. These agencies shall
include, but not be limited to: Miami -Dade Waste Collection - for waste
disposal; the Miami -Dade Transit Department and the Metropolitan
Planning Organization - for mass transit; and the Miami -Dade Public
Works Department and the Florida Department of Transportation - for
maintenance of roads and bridges.
Policy 1.3.7 The City will coordinate with the emergency management program of
Miami -Dade County by notifying the County of any current or future
land use policies or population changes which would affect hurricane
shelters or emergency evacuation routes.
Policy 1.3.8
The City shall coordinate with the following agencies to assure that its
concurrency data and levels -of- service for roadways, drainage and
potable water supply are appropriate: Florida Department of
Transportation, Miami -Dade County Water and Sewer Department,
South Florida Water Management District, and South Florida Regional
Planning Council.
Policy 1.3.9
The City will review its locational standards on problematic (unwanted)
land uses in order to determine if conflicts exist between its regulations.
and neighboring jurisdiction regulations, and to consider how to
resolve any conflicts found.
Policy 1.3. 10
The City may participate with Miami -Dade County, the South Florida
Regional Planning Council, and other appropriate committees, in order
to promote a more efficient regional approach to the location of
problematic or unwanted land uses.
Policy 1.3.11
The City will participate with Miami -Dade County in the planning and
implementation of the County's Hazard Mitigation Plan, as it impacts the
City of South Miami.
Objective 1.4
The City will implement a program to identify and resolve conflicts
between its regulations and the land use of neighboring jurisdictions.
Policy 1.4.1
The City will notify and solicit comments from adjacent jurisdictions
and the School Board of any requests for land use amendment,
variance, conditional uses or site plan approvals which impact property
within 500 feet of a public school or within 500 feet of the boundaries of
an adjacent jurisdiction.
Policy 1.4.2
The City will notify neighboring jurisdictions and the School Board of
any proposals to expand or create a Community Redevelopment Area,
CDBG target area or a historic district if it impacts property within 500
feet of a public school or adjacent jurisdiction.
47
Policy 1.4.3 The City will notify and solicit comments from adjacent jurisdictions
and the School Board of its existing standards or proposed regulations
being considered for problematic or incompatible land uses.
Policy i 4 4 The City shall support as appropriate, Miami -Dade County's
development and implementation of the Water Supply Facilities Work
plan required by Florida Statute and the water conservation effort of
other agencies Moreover, the City shall coordinate, as appropriate,
with Miami Dade County Water and Sewer Department to assist in
efforts to achieve its Five Year Water Efficiency Plan goal of 155 gallons
per capita per day.
Reason for amendment: Recommendation IC -2. to address requirements of Chapter 163,
Florida Statutes, and reflect the City's support of County
conservation efforts.
Obiective 15 The City shall coordinate with federal, State, and local agencies to
increase the health, safety, welfare and economic independence of all
residents, including residents with special needs.
Policy i 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 safetv of its residents through came prevention,
fire and rescue services, traffic safety enhancements, and emer_genc
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 ►ob 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.
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.
Fev
Objective 1.1 A � se The Capital Improvement Element, and the five -year Cap►ta
Improvements Schedule and Plan incorporated into the Element by
reference, shall be used as the basis for detailing the City's public
facility deficiencies and planning corrective capital projects.
Reason for amendment: The amendment addresses 2005 changes to growth management
requirements pertaining to the annual update of the capital
improvements schedule and financial feasibility.
Policy 1.1.1 The operating budget shall continue to accommodate annual
systematic replacements such as police cars, trash trucks and street
overlaying.
Policy 1. 1.2 Staff and engineering studies, and the Comprehensive Plan, shall form
the basis for an annual preparation of a five year capital improvements
program.
Reason for amendment: Recommendation CI -1. to address EAR Issue II.D., "Fiscal Health
and Government Services ". The amendment reinforces the
relationship and linkage between the Comprehensive Plan and
capital improvements program.
Policy 1. 1.3 The City's fiscal policies for directing capital expenditures shall give
highest p4Grity to- these -Projects that enh------ ie da!
c►e..,e is (971 CR) be prioritized in accordance with the goals,
obiectives and policies of the Comprehensive Plan.
Reason for amendment. Recommendation CI -2. to address EAR Issue II.D., "Fiscal Health
and Government Services ". The amendment reinforces the
relationship and linkage between the Comprehensive Plan and
capital improvements program, and recognizes that South Miami
is a diverse, full service community with both residential and
non - residential land uses and neighborhoods.
Policy 1.1.4 . In setting priorities, the following kinds of criteria will be used:
1. Public safety implications: A project to address a threat to
public safety will receive first priority.
51
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 goals obiectives and policies of the
Comprehensive Plan.
3. Ability to finance: A third criteria is the budgetary impact; will it
exceed budget projections?
4. New development: Redevelopment and tax base enhancement
projects are next in priority.
5. State projects: City projects in support thereof.
6. Quality of life projects: Lowest priority would be those projects
not in Categories 1 -5 above, but would enhance the quality of
life.
Reason for amendment. Recommendation CI -3. to address EAR Issue II.D., "Fiscal Health
and Government Services ". The amendment reinforces the
relationship and linkage between the Comprehensive Plan and
capital improvements program.
Policy 1 15 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 2 2007108 - 2011112 Capital Improvements
Plan, and the Capital improvements Schedule included therein, contains a
- --
adopted Level of Service standards or otherwise achieve the _goals,
obiectives and policies and/or ensure the financial feasibility of the
Comprehensive Plan The 2006 ' ^AA 2007108 - 2011112 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 enactin -a impact fees or
park land dedication, park capital improvements, , 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
1i
Appendix A
Justification for Four Story Development Concept for Madison
Square, as recommended in the EAR -Based Amendments
May 22, 2007
r
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 areas['] (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 Map[21, 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
Neighborhood/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
I 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.4 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
units in the Hometown District."
To achieve this goal, the City was ambitious with the first objective "to provide at least
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 Madison
Square development. Providing affordable housing is important to help prevent
gentrification within the City of South Miami.
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)."
"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,
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).
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
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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
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
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
mixed -use building that is properly designed is not necessarily incompatible with the
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.