04-22-08 Item 27 (2)South Miami
AN-Medea CRY
INCORPORATED
CITY OF SOUTH MIAMI
1927 P OFFICE OF THE CITY MANAGER
zoos
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford-A. Youkilis, Acting Planning Director
Date: May 6, 2008 ITEM No.
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND
APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS,
OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN
ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING;
INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE;
INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;
RESPONSE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC);
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BACKGROUND
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.
CURRENT STATUS
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
2
government is prohibited from processing any changes to the Comprehensive Plan until the EAR
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.
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
Board adopted a motion by a.vote of 6 ayes 0 nays recommending that the revised EAR Based
Text Amendment Document dated 4- 21 -08, be approved with the following amendments:
Revision No. 1 The reference to the Capital Improvement Plan (p.52) be updated as set forth in
the document on p.52;
Revision NO. 2 That the Neighborhood Center/Mixed use District (Four Story) Future Land
Use Map Category for the Madison Square area be re- inserted on pp. 16 -17; and that the revised
language set forth in ALTERNATIVE III (A) (amended to show a maximum residential density
of 60 units per acre) shall be the preferred wording for the subject future land use category.
CITY COMMISSION ACTION (1sT READING)
The City Commission at its April 22, 2008 meeting considered the first reading of the revised
EAR Based Text Amendment Document (dated 4- 21 -08), conducted a public hearing, and
reviewed four alternative wordings for the Neighborhood Center/Mixed Use District (Four Story)
3
Future Land Use Map Category for the Madison Square area. The City Commission adopted
ALTERNATIVE III (A) as recommended by the Planning Board with the following additional
language added:
"The application of the Neighborhood Center /Mixed Use Future Land Use Category is limited
solely to the Madison Square Development Project located in the area bounded by SW 64
Street, SW 60 Avenue, SW 59 Court and theoretical SW 64 Terrace in the South Miami
Community Redevelopment Area."
The City Commission then unanimously adopted the EAR Based Text Amendment Document,
with the revisions recommended by the Planning Board and the modification shown above.
Attached is a copy of the entire wording of the future land use category for the Madison Square
Area which has been inserted on pp. 16-17 of the document.
RECOMMENDATION
It is recommended that the City Commission approve on second reading the EAR Based Text
Amendment revised document with the revisions as follows: (1) Proposed revision related the
name of the Capital Improvement Plan (p.52); (2) Proposed revision to the Future Land Use
Map Category for the Madison Square area, (specifically ALTERNATIVE III (A) Modified)
being re- inserted in the EAR Based Text Amendment Document (pp. 16 -17).
Attachments:
Proposed Ordinance Revised
Alternative III (A) Modified
EAR Based Text Amendment Revised Document (4- 22 -08)
Planning Board Minutes 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 Items12008U- 6- 081EAR Amend Revised 5 -6 -08 CMReport.doc
ALTERNATIVE III (A)
REVISED FUTURE LAND USE CATEGORY FOR MADISON SQUARE
(adopted by City Commission on first reading -April 22, 2008)
Neighborhood Center/ Mixed Use District (Four Sto
The Neighborhood Center /Mixed Use future land use category is intended to allow for
a mix of retail, office, residential and culturaUentertainment uses characteristic 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 heights, densities, and intensities shall be set forth in the Land Development
Code subject to the following constraints: minimum lot size of 0.5 acres, maximum
building height of four stories, maximum F.A.R. of 2.0, maximum residential density
of 60 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 culturaUentertainment
uses shall be restricted to the ground floor.
The application of the Neighborhood Center / Mixed Use Future Land Use Category is
limited solely to the Madison Square Development Project located in the area bounded
by SW 64 Street, S�V 60 Avenue, SW 59 Court and theoretical SW 64 Terrace in the
South Miami Community Redevelopment Area.
X: \Comm Items \2008 \4- 22- 08\Alternative III Ear- Revised Madison Sq.FLUM.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL
5 REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
6 COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS,
7 OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN
8 ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING;
9 INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE;
10 INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;;
11 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
12 AN EFFECTIVE DATE
13
14
15 WHEREAS, the Florida Legislature intends that local planning be a continuous
16 and ongoing process; and
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18 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
19 periodically assess the success or failure of the adopted plan to adequately address
-20 changing conditions and state policies and rules; and
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22 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
23 adopt needed amendments to ensure that the plan provides appropriate policy guidance
24 for growth and development; and
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26 \WHEREAS, the City completed its proposed Evaluation and Appraisal Report-
27 based textural amendments consistent with the requirements of Chapter 163, Part II, F.S.,
28 and Rule 9J -5 and 9J -11, F.A.C.; and
29
30 WHEREAS, the City Commission at a special meeting on August 23, 2007
31 reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
32 to the Comprehensive Plan, and adopted on first reading an ordinance approving the
33 Report and authorized its transmittal to the Florida Department of Community Affairs for
34 review and comment; and
35
36 WHEREAS, the Florida Department of Community Affairs in a communication
37 dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
38 (ORC) Report which report found that the EAR Comprehensive Plan amendments to be
39 consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida
40 Statutes; and
41
42 WHEREAS, the Objections, Recommendations, and Comments (ORC) Report
43 set forth one objection which required a minor adjustment to Policy No. 1.1.6 of Chapter
44 8, Capital Improvement Element; and
45
46 WHEREAS, the Local Planning Agency (Planning Board) at its April 21, 2008
47 meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nays
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recommending that the Comprehensive Plan Evaluation and Appraisal Report (EAR)
Based Text Amendments Document dated April 21, 2008 be adopted with two
changes: (1) amending Policy No. 1.1.6 of Chapter 8, Capital Improvement Element on
p. 52 as requested by the Department of Community Affairs in their ORC Report
dated January 18, 2008 and; (2) amending the wording of the proposed future land
use may category Neighborhood Center/Mixed Use District (Four Story) on pp.16
and 17 of the Comprehensive Plan Evaluation and Appraisal Report Based Text
tLa
Amendments Document dated April.21, 2008 be weepted and ths,
be adopted; and
WHEREAS, the City commission desires to accept the recommendations of
the Planning Board and enact the aforesaid amendments.
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 on p.52; and by an adjustment to the description of the Future Land Use
Map Category for the Madison Square area on pp. 16 -17, 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
413
MAYOR
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CITY ATTORNEY
X: \Comm Items\2008 \5- 6- 08\EAR Amend Revised 5 -6 -08 Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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
V. 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 - NOTICE OF PUBLIC HEARING
REGULAR CITY COMMISSION MEETING - MAY 6, 2008
in the XXXX Court,
was published in said newspaper in the issues of
04/25/2008
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
(SEAL)
V. PEREZ personal)
o N;Y COh9irliSS!Oty 001 750170
_,,'.• a EXPIRES: ,NWu;l a. 012
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Bonded lhru NOtert• r•s;bk Underwriters
`1reD ..
r.CVITYI OF 7 SOUTH MIAMI-
"NOTICEA,!.vi OF. 'PUBL-IC' HEARING!
- i "` -si Iv_n
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, — Florida.,_will, conduct „Public Hearings at"' its— regular City
Cormission meeting scheduled for Tuesday, May 6, 2008 beginning at
7:30 p.m. in the City, Commission Chambers, 613.0 Sunset Drive, to
consider the following items'_; _ -
'n OF,THE'MAYOR, +AND CITY COMMISSION.
OF THE CITY OFISOUTH MIAMI, RELATING TO A REQUEST
"-PURSUANT "TO `SECTION 20-3.4(13)(4)(b) OF .THE LAND
DEVELOPMENT„CODE FOR A SPECIAL USE APPROVAL TO
LOCATE A`GENERAL' RESTAURANT LOCATED AT 5734 SW
- 726d STREET WITHIN THE ",SR (HD -OV)" SPECIALTY.RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
PROVIDING AN EFFECTIVE DATE."
V_ ,
r" A'RESOLUTION OF.,THE MAYOR AND CITY COMMISSION
'OF THE CITY OF,`SOUTH MIAMI, FLORIDA RELATING TO -
Y'TTHE ISSUANCE;OF„'A :CERTIFICATE OF APPROPRIATE-
.NESS +
'P.URSUANT TO SECTION 2t)- 5.19(E)(3) OF THE LAND
t DEVELOPMENT _CODE' -FOR .THE _INSTALLATION OF A
HANGING SIGN IN THE FIRST FLOOR ARCADE OF A DESIG-
"'NATED "HISTORIC COMMERCIAL' BUILDING" LOCATED AT
a 5B51'SUNS& DRIVE (SHELLEY BUILDING); PROVIDING AN
EFFECTIVE DATE.;;
r A, RESOLUTION OF ,;THE MAYOR AND CITY COMMISSION
OF -THE CITY'OF,SOUTH MIAMI, FLORIDA RELATING TO
THE ISSUANCE `,OF'`A':CERTIFICATE,'OF APPROPRIATE-
NESS PURSUANT,TO SECTION 20- 5:19(E)(3) OF THE LAND
DEVELOPMENT CODE FOR THE INSTALLATION OF A WALL/.
„FLAT;SIGN'"ON`A'DESIGNATED HISTORIC COMMERCIAL
"'BUILDING -LOCATED AT' 5851 SUNSET DRIVE' (SHELLEY
BUILDING), PROVIDING AN EFFECTIVE DATE._ `a_--
A RESOLUTION OE THE, MAYOR, AND CITY, COMMISSION
OF THE CITY OF'SOUTHtMIAMI; FLORIDA RELATING -TO
THE, ISSUANCE OF, A CERTIFICATE OF APPROPRIATE- r
NESS'PURSUANT TO SECTION 20- 5.19(E)(3) OF;THE LAND
" DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT
FACADE.L WINDOWS, AND DOORS ON 'A DESIGNATED
HISTORIC; COMMERCIAL BUILDING' LOCATED` AT 5712 t
,'-SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN I
EFFECTIVE DATE:
s "
AN ORDINANCE OF.THE CITY OF SOUTH MIAMI, FLORIDA,
Ei`ADOPTING THE EVAULATION AND APPRAISAL REPORT
(EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE
,GOALS, OBJECTIVES,.AND POLICIES FOR THE FOLLOW-
ING COMPREHENSIVE. PLAN ELEMENTS: FUTURE LAND
"USE;TRANSPORTATION;' HOUSING;.,WFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE; INTER-
GOVERNMENTAL _, COORDINATION; AND . CAPITAL ,
IMPROVEMENTS;' ",'PROVIDING' FOR SEVERABILITY, r
ORDINANCES,' IN - CONFLICT_, AND PROVIDING, AN , r
rEFFECTIVE DATE.
If you have any Inquiries on the'above -items please contact the Plannii g
Department's office at: 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard. y
"Maria M. Menendez, CMC.
ES;y3, r r�i,r+•..: _�.... _ City Clerk.
r?i
Pursuant2to,Florida Statutes 286.0105, the City hereby advises the,
public;tQ if a person' decides to appeal any decision made by thisl
Board; Agency or.Coinmission with respect to any matter considered at•
its meeting or heahrig, he & she will need a record of the proceedings_.
and that for such purpose, affected person may need to ensure that a
verbatim record,bf,the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be based.
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GET RESULTS: ACTION LINE
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COURTESY NOVICE
.CiTY OF SOUTH WAM19 FLORMA
On Tuesday, May 6, 2008, beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive; the City Commission
will hold Public Hearings to consider the following items:
A RESOLUTION RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL USE APPROVAL TO LOCATE A
GENERAL RESTAURANT LOCATED AT 5734 SW 72nd
STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT.
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 OF A HANGING SIGN IN
THE FIRST FLOOR ARCADE OF A DESIGNATED HISTORIC
COMMERCIAL BUILDING LOCATED AT 5851 SUNSET
DRIVE (SHELLEY BUILDING). i
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 OF A 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 LAND DEVELOPMENT
CODE FOR THE REPLACEMENT OF FRONT FACADE
WINDOWS AND DOORS ON A DESIGNATED HISTORIC
COMMERCIAL BUILDING LOCATED AT 5712 SUNSET
DRIVE (CROSSROADS BUILDING).
AN ORDINANCE 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.
If you have any inquiries on the above items please contact the'
Planning and Zoning Department's office at: 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk,
Pursuant to Florida Statutes 286.0105, the City hereby. advises
the public that if a person decides to appeal any decision made
by this Board, Agency or Commission with respect to any matter
considered at its meeting or hearing, he or she will need a record
of the proceedings, and that for such purpose, affected person
may heed to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon
Which the appeal is to be based.
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CITY OF SOUTH MIAMI
PLANNING BOARD
Special Meeting
Action Summary Minutes
Monday, April 21, 2008
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Ms. Yates, Mr.
Farfan, Mr. Cruz, and Ms. Chael.
City staff present: Eve Boutsis (City Attorney), Sanford A. Youkilis (Acting Planning
Director), and Lluvia Resendiz (Administrative Assistant).
III. Reason for Special Meeting: Mr. Youkilis advised that the EAR -Based Text Amendment
document which includes over 100 revisions to the City's Comprehensive Plan was before the
Planning Board for final review at its March 11, 2008 meeting. The document dated August 23,
2007 contained a minor technical revision updating the time period of the City's most recently
adopted Capital Improvement Plan. This was the only change suggested by the Florida DCA in
their official analysis (Objections, Recommendations, and Comments (ORC) Report) which was
sent to the City on January 18, 2008. A simple insertion of the name of the new capital
improvement plan on p.52 was inserted into the document. The Planning Board at the March 11
meeting unanimously approved the revision to EAR -Based Text Amendment document, and
forwarded on to the City Commission.
The City Commission at its April 1, 2008 meeting considered the EAR -Based Text Amendment
document on second reading (first reading was in August, 2007 prior to transmittal to Florida
DCA). At that time one Commissioner moved to remove the section of the report which contained
a new land use category which would be applicable to the Madison Square project. There was no
second to the motion. After a public hearing the City Commission voted 3 ayes and 1 nay to
approve the ordinance adopting the EAR - Based Text Amendments as part of the City's
Comprehensive Plan. The ordinance failed to be adopted because by Code a 4/5 approval vote is
required.
Planning Board Meeting
April 21, 2008
Page 2 of 4
M. Planning Board Applications/Public Hearing
PB -08 -019
Applicant: City of South Miami
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE
EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO
THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE
GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE
PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING;
INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE;
INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;
RESPONSE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC);
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record.
Mr. Youkilis advised that Florida State Statutes mandate that the local government must submit
their EAR Based Text amendments. If the city does not turn in the EAR document the State will
sanction the local government including the loss revenue sharing funds, grants for sewer and water,
road construction funds, community development block grant, and in addition lose the ability to
process amendments to the Comprehensive Plan. Therefore it was decided to reinitiate the process
at the Planning Board level by developing a different EAR document than that previously voted on
in March. The difference is the removal of the "Madison Square." Revision No.2 suggests that we
re -insert the Neighborhood Center district "Madison Square" back into the original document.
Three alternatives have been developed. Alternative I is exactly as the originally approved EAR
document. Alternative II was submitted by Commissioner Beckman which suggests adjustments in
density and height of buildings near single - family. Alternative 111, prepared by staff and the City
Attorney, suggests the same as Alternative No.l however the residential density was reduced to 45
units per acre where the original suggested 60 units per acre. Staff recommended that the EAR
document dated April 21, 2008 be readopted and include either Alternative No.1 or No.3 shall be
approved as an amendment to be reinserted into the EAR document dated April 21, 2007.
Mr. Morton stated that he prefers Alternative No.3 but would like to amend it to include 60 units
per acre. He questioned if Alternative No.3 is a more simplified version and whether or not it
would be the same in concept as previously approved. Ms. Boutsis replied with an affirmative
advising that the Alternative No.3 will be different language but in a more simplified manner
however, all of the standards will remain the same as Alternative No. 1.
Mr. Cruz questioned the City's submittal deadline date to DCA. He also expressed concerns that
the City could be under the same predicament if the EAR document does not get approved by the
City Commission and whether or not the City will have enough time undergo the process again in
the event that the EAR document does not get approved on second reading. Ms. Boutsis advised
that if the City Commission does not approve the EAR document the City will be required to
request an extension from the Department of Community Affairs. Mr. Youkilis advised that the
municipalities are given 120 days, from the date that DCA issues the ORC report, to update the
EAR.
Ms. Young expressed concerns related to the EAR document being approved on first reading but
disapproved on second reading.
Planning Board Meeting
April 21, 2008
Page 3 of 4
Ms. Chael advised that if the number of units remain the same than, although the number of units
are reduced that you can have larger and more luxurious units. She believed it would be nice to
have a mixture of units thus making it more affordable. Ms. Chael found no adverse affect in
making a revision to the text with regards to the number of units.
Mr. Farfan advised he would prefer Alternative No.3 with the amendment to include 60 units per
acre.
Ms. Yates advised she was fine the original approval of 60 units per acre.
Ms. Young advised to be in favor of originally written EAR document. She noted that staff and the
Board spent plenty of time on the original document and provided significant reasons as to what
was said and the way it was said. She found no significant reason for making any changes.
Mr. Cruz stated he was in favor Alternative No.3 with 60 units per acre simply because by limiting
to 45 units per acre essentially automatically reduces the amount of units. Therefore by keeping it
at 60 units there is always the option of reducing the size. Sixty units is really the maximum and
not minimum. Also with 60 units there is the option to doing in between 55 or 50 and by limiting
to 45 you are automatically limiting the number or units.
Mr. Morton indicated he prefers Alternative No.3 but would also recommend modifying the
number of units to 60. He is in favor of Alternative No.3 because it has different verbiage and in
changing the language the Board is submitting a different EAR document to the City Commission.
Chairman Morton opened the Public Hearing.
Name Address Position
Levy Kelly 6250 SW 60 Avenue Favors
Mr. Kelly thanked the Board for their continuous good work, efforts, and understanding of the
community's needs.
Claudia Hauri 5752 SW 77 Terrace Neutral
Ms. Hauri expressed concerns regarding area nine of the future land use map. She requested that
staff clarify the area nine recommendation of denial of the amendment is still enforced. Mr.
Youkilis replied that the applicant was referring to the draft of the next step which deals with
making changes to the Future Land Use Map (FLUM) which is scheduled for public hearings in
June 2008. Area nine is one area not being recommended by the consultants for a map change.
Simon Codrington, Jr. 6620 SW 63 Avenue Favors
Mr. Codrington thanked the Board for their efforts into the long EAR process. He acknowledged
that the Board made the correct recommendation for the four -story height limit as well as the 60
units in density and floor area ratio. He advised that one of the Commissioners has decided to
impose his personal view and weigh heavily on the communities input rather than to do what the
state statue mandates. This is not a normal process but rather a complicated process and therefore
commended the City Staff and Consultants for their hard work and dedication to the process. The
fact that DCA made only one comment to the City's EAR document states that staff, the
consultants, and the Planning Board did a suburb job. If a change must be made to the EAR
document aside from what was recommended by DCA in the Objections, Recommendation, and
Comments report (ORC), as a community that is considered to be unfair and a complete
Planning Board Meeting
April 21, 2008
Page 4 of 4
undermining of the integrity of the process. As a community many objectives are trying to be met.
These objectives included a mixed -use project that incorporates bringing back business, which
have dissipated, into a district which has died from where it once was and making an effort to
incorporate affordable housing. In order for this project to succeed all goals must be reached and
the project must be given the maximum opportunity to be built out to its highest and best use.
Oliver Gunellas 6755 SW 74 Street Neutral
Mr. Cunellas expressed concerns that the approval of a four -story height building will set
precedence for other future land use zoning districts. Mr. Youkilis replied that the land use
category was designed strictly for the "Madison Square" area. It is not anticipated that this would
be used in any other location. Ms. Boutsis responded that this is a land use category for the
specific area in question and not for other areas within the city. If the text amendment is approved
tonight and by the City Commission it will be incorporated into the Comprehensive Plan. Ms.
Boutsis added that an individual would have to initiate the process for a change to the future land
use map for a specific area.
Chairman Morton closed the Public Hearing.
Mr. Morton questioned, for clarification purposes, if Alternative No.3, if amended, will be in
consisted with what was originally approved by the Planning Board. Ms. Boutsis replied that if
Alternative No.3 were amended to reflect the 60 units per acre the answer would be "yes." She
reiterated that Alternative No.3 just simplifies the language. Mr. Alex David, Consultant for Bell -
David Planning Group, advised that Alternative No.3 is less wordy than Alternative No.1 but the
content is exactly the same as previously provided even after Alternative No.3 is amended to have
60 units per acre.
Motion: Ms. Young moved to approve Alternative No.3 with the condition to amend Alternative
No.3 to include 60 units per acre. Mr. Cruz seconded.
Vote: 6 Ayes 0 Nays
Motion: Ms. Young moved to approve the Evaluation and Appraisal Report with the revision
recommended by staff related to the date of the Capital Improvement Plan as well as the Evaluation
and Appraisal Report document as amended to include 60 unites per acre under Alternative No.3.
Ms. Yates seconded.
Vote: 6 Ayes 0 Nays
VI. Approval of Minutes.
Action: Ms. Yates moved to approve the minutes of April 8, 2008 with corrections and Ms. Yates
seconded.
Vote: 6 Ayes 0 Nays
VII. Next Meeting
Action: Staff advised that the next meeting will be held on Tuesday, May 13, 2008
VIII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the meeting at
8:12 P.M.
W:\PB\PB Minutes\2008 Minutes\Apri121TB- Min- 04- 21- 08.doc
jylyry ..
2`6F
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 -1ER), 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 291.078.1
Internet address: http: / /wwyv.dca.stale.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING HOUSING b COMMUNITY DEVELOPMENT
Mcr.olncn.F!3K50- - ^ =2'I F, 3= 3-�+ -2' ?) - Taro7 >ce,:L:23 %J_:.f
The Honorable Horace G. Feliu
January 18, 2008
Page 2
My staff and I are available to assist the City in addressing the issaes identified in our
report. If you have any questions, please contact Erin Boyington, Planner, at (850) 921- 3i 6Z
Sincerely,
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/eb
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, RECOMNIENDATIONS AND COMMENTS REPORT
FOR
CITY OF SOUTH MIAMI
AMENDMENT 08 -1ER
January 18, 2007
Division of Community Planning,
This report is prepared pursuant to Rule 9J- 11.010, F.A.C.
INTRODUCTION
The following Objections, Recommendations and Comments Report is based upon the
Department's review of the City of South Miami 08 -IER proposed amendment to the
Comprehensive Plan pursuant to § 163.3184, Florida Statutes (F.S.).
Any objections discussed relate to specific requirements of relevant portions of Chapter
9J -5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection .
includes a recommendation of-one approach that might be taken to address the cited objection.
Other approaches may be more suitable in specific situations. Some of these objections may have
initially been raised by one of the other external review agencies. If there is a difference between
the Department's objection and the external agency advisory objection or comment, the
Department's objection would take precedence.
Each objection must be addressed by the City and corrected prior to the amendment being
resubmitted for the Department's compliance review. Objections that are not addressed may
result in a determination that the amendment is not in compliance. The Department may have
raised an objection regarding missing data and analysis items, which the local government may
consider not applicable to its amendment. If that is the case, a statement justifying the local
government's non - applicability pursuant to Rule 9J- 5.002(2), F.A.C., must be submitted. The
Department will make a determination on the non - applicability of the requirement, and if the
justification is sufficient, the objection will be considered addressed.
The comments that follow the objections and recommendations section are advisory in
nature. Comments will not form bases of a determination of non - compliance. They are included
to call attention to items raised by the Department's reviewers. The comments can be
substantive, concerning planning principles, methodology or logic, as well as editorial in nature
dealing with grammar, organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other
state review agencies and other agencies, organizations, and individuals. These comments are
advisory to the Department and may not form bases of Departmental objections unless they
appear under the "Objections" heading in this report.
TRANSMITTAL PROCEDURES
Upon receipt of this letter, the City of South Miami has 120 days in which to adopt, adopt
with changes, or determine that the City will not adopt the proposed amendment. The process
for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F.
S., and Rule 9J- 11.011, F.A.C. The City must ensure that all ordinances adopting
comprehensive plan amendments are consistent with the provisions of Chapter 163.3189(2)(a),
F.S.
Within ten working days of the date of adoption, the City must submit the following to
the Department:
Three copies of the adopted comprehensive plan amendments;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendments, and
pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly
to the Executive Director of the South Florida Regional Planning Council.
Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a
courtesy information statement regarding the Department's Notice of Intent to citizens who
furnish their names and addresses at the local governments plan amendment transmittal
(proposed) or adoption hearings. In order to provide this courtesy information statement, local
governments are required by law to furnish the names and addresses of the citizens requesting
this information to the Department. Please provide these required names and addresses to
the Department when you transmit your adopted amendment package for compliance
review. In the event there are no citizens requesting this information, please inform us of
this as well. For efficiency, we encourage that the information sheet be provided in electronic
format.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
PROPOSED COMPREHENSIVE PLAN - AMENDMENT
CITY OF SOUTH MIAMI (DCA No. 08 -1ER)
I CONSISTENCY WITH RULE 9J-5, F.A.C.,_AND CHAPTER 163, F.S.
The Department has completed its review of the proposed amendments to the
Comprehensive Plan of the City of South Miami (DCA No. 08 -1ER). The Department
has the following objections:
A. Capital Improvement Element
Objection: The Five -Year Schedule of Capital Improvement of the Capital
Improvements Element, incorporated by reference in Capital Improvement Policy 1.1.6,
is from FY 06 -07 through FY 10 -11. It does not include a five year period subsequent to
adoption of these amendments.
[Section 163.3177(2), (3), (10)(h), F.S.; Rule 9J- 5.016(4)(a)l, F.A.C.]
Recommendation: The Schedule of Capital Improvements needs to be revised to include
FY 07 -08 through FY 11 -12 and revise Policy 1. 1.6 of the Capital Improvements
Element to reference the Five Year Schedule of Capital Improvements to reflect the
correct years, FY 07 -08 through FY 11 -12. Include the revised Five -Year Schedule with
the adopted amendments.
II. COMMENT
A. The City's proposed Objective 1.5 requires the City to coordinate with the school
board pursuant to the revised interlocal agreement dated 2003. To ensure consistency
with the provisions of 163.3177 (12)(i), F.S, the City should revise the objective to
clarify that a fully- executed, revised interlocal agreement; a public school facilities
element and related amendments to the capital improvements element and
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.
a
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
MINUTES — August 23, 2007
1
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
Planning and Zoning Director Perez explained the process and
the importance of the approval of the EAR.
Corradino Group, the consultant, recapped the steps of the
EAR: each government in the state is required to do this every
seven years; the purpose is to make sure that the comprehensive
plan remains relevant, and that it addresses the issues that are
most important to the community, and that it is a viable, working
document. The process began in 2005, and adopted in March 2006;
the next step is to adopt the EAR base amendments which is what
it is being done at this time. November 2007 is the actual
deadline to submit to the state. The amendments are covering the
eight elements of the comprehensive plan, which are basically
text amendments. After the text amendments are done, the
consultant will go back and conduct area studies. After submittal
this November, there will be a sixty -day period, we will receive
the state's recommendations and comments report, and then we will
have up to 120 days after receipt of that report to actually
bring it back for adoption. At the conclusion of all phases, we
will have a new comprehensive plan published.
The consultant explained that they obtained input from the
community during the EAR process, one of those meetings took
place at a church in the CRA area; he added that this is the same
practice they follow in working with every government across the
state.
Mayor Feliu said that every property owner is a taxpayer,
regardless of whether they are commercial or residential property
owner; they all have a stake in whichever way the future land use
map is used. He added that he wanted to clarify that what is
being proposed for Madison Square does not affect any other
aspect of the community as far as 62nd Avenue.
At this time the Mayor opened the public remarks only for
taxpayers of the City.
PUBLIC REMARKS
Levy Kelly said that he could provide a list of the people
and their address that attended the meeting with the consultant
at the church.
SPECIAL CITY COMMISSION 2
MINUTES — August 23, 2007
Yvonne Beckman was precluded from speaking because she is a
member of the Planning Board. Counselor Figueredo explained that
Ms. Beckman had voted on the text amendments that are before the
Commission tonight; she has already voiced her opinion and the
Code of Conduct specifically precludes board members from
speaking on items that have come before their board.
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 asked for clarification regarding the portion
of SW 7 7t Terrace where there are 2 -3 RO homes. She said that
she does not believe that the particular area was ever studied,
neither ever went to the Planning Board; however, all of the
sudden, during the EAR process it was voted on to study.
Mr. Perez said that what we have is area no. 9 and that is
what was approved for a study. He went on to explain this in
detail.
Jerry Proctor to answer Ms. McCain's question, explained
that there were a dozen or so possible, map amendments that were
proposed in 2005 and were voted on in early 2006 by the
Commission; all of those were proposed by the City through its
consultant, not by private property owners.
Nancy Pantoja said that she lives south of SW 77th Terrace
which was not included in the EAR process. She then referred to
page 5 of the report, policy 1.1.3. She also said that neighbors
in her area had been promised a traffic study.
Mr. Perez explained what staff did regarding the policy that
Ms. Pantoja referred to. He read the revised policy into the
record and explained it further. Vice Mayor Wiscombe said that
the problem with the language is the word "unless." He said that
he recalls requesting against putting that word in there at the
time because he felt that the buffer, the concrete fence that
goes all the way back along those businesses on Red Road is the
dividing line between business and residential, and that it shall
not go beyond that. He said that he does not know who put that
word in there but that it needs to come out.
Jerry Proctor referred to policy 1.1.3, suggesting an
alternative language.
SPECIAL CITY COMMISSION 3
MINUTES — August 23, 2007
Walter Harris said that he does not believe that the
residents in the CRA area have been thoroughly polled as the need
or want of a large building right within blocks of their
residents. He then urged the Commission to really poll the
residents and that a letter should be sent out by the Commission
to really find out .what is the feelings of the majority of the
residents.
Reverend Gay said that the people have spoken time and time
again. He said that the people want economic development.
Reverend Ellis said that she walks the streets in the target
area and that she can say that the residents want the four
stories in the community.
Sarah Tompkins said that she has lived in the area all her
life and that the residents want economic development. Valencia
is six and the 700 building is six, then why not in their area.
Daisy Harrell said that people have spoken and they.do want
the four stories because it is the right thing to do.
Eda Harris argued for the separation of church and
state... (tape inaudible)
Reverend Cary D. Jones spoke in support of economic
development in the 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 Corradino Group and the
Commission began to vote as follows:
Chapter 1
FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES
Page 4
Goal 1, Objective 1.1, Policy 1.1.1: There were no questions
or concerns on this page.
Page 5
Policy 1.1.3: To strike starting with the third sentence
(underlined), and the sentence will read: There shall be no
additional intrusion of the residential office land use category
retail or business uses into residential areas designated on the
Future Land Use Map. Residential office land use zoning
regulations shall contain provisions to protect the quality of
life in single family residential neighborhoods. Moved by Vice
Mayor Wiscombe, seconded by Commissioner Birts to approve this
amendment.
After some further discussion, the language of the amendment
was again read into the record and the motion to approve the
amendment passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Page 6
Policy 1.1.4.: No changes
Objective 1.2: No changes
SPECIAL CITY COMMISSION 5
MINUTES - August 23, 2007
Policy 1.2.1: No changes
Policy 1.2.2: No changes
Policy 1.4.1: No changes
Objective 1.5: No changes
Objective 1.5: No changes
Goal 2: No changes
Page 7
Objective 2.1: No changes
Policy 2.1.1: Commissioner Beckman said that the policy
should follow the objective and that this policy is in the
wrong place.
Moved by Commissioner Beckman to move Policy 2.1.1 under
Objective 1.3. Seconded by Major Feliu, the motion passed by
a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Page 8
Goal 3: No changes
Objective 3.1: No changes
Policy 3.1.4: No changes
Page 9
Policy 3.1.5: No changes
Commissioner Beckman said that the policy should follow
the objective and that this policy is in the wrong place.
Moved by Commissioner Beckman to move Policy 3.1.5 under
Objective 1.3.
SPECIAL CITY COMMISSION 6
MINUTES - August 23, 2007
Commissioner Birts requested clarification from the
consultant before voting on this amendment.
The consultant said that the reason for this policy
being placed there is because that objective deals with ways
to increase the tax base; it deals with concurrency and
annexation.
Policy 3.1.6: 1 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 Story)
Commissioner Beckman presented his views on this section as
it relates to the transition areas between commercial and
residential; going from high density (TODD), then to low density
(multi- family), and then to the single - family area. As an
example, he explained how the Red Road Commons is planned to be
done with the same transitions that are normally done. Therefore,
he said that it does not make any sense to take this area
(Madison Square) which has single family all around it, and build
a four - story, high- density development with no transition to the
single- family neighborhood. In conclusion, he argued that what is
being proposed here is 60 units per acre versus the 24 that are
allowed in the Hometown district. He said he would be in favor of
a 2 -3 stories.
Vice Mayor Wiscombe said that the reality is that many of
the homes in that area are not habitable and that they should
come down anyway.
SPECIAL CITY COMMISSION 7
MINUTES - August 23, 2007
Moved by Mayor Feliu, seconded by Commissioner Birts, the
motion to extend the meeting until this item is finished passed
by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Mr. Perez said that Commissioner Beckman made a very good
presentation; however, he missed one key document which is the
last EAR process (1997) . In that document, it was recommended
four stories for the subject area; there was a very detailed
analysis done, it was approved by the Planning Department at the
time, and it was also approved by the technical staff at the
Florida Department of Community Affairs. As a result of that,
there was a mixed -use commercial /residential four story created,
which is the same thing that we have in the Land Use Map today.
Unfortunately, what happened was that the zoning was never
changed to go with that land use.
Vice Mayor Wiscombe then explained how the subject area is
surrounded by single- family residential on one side; however, on
the opposite side of 64th Street, which has a median in between,
with a church on the south; on the west side of the Madison
Square project; there is a convenient store, and there are other
vacant lots. Therefore, the subject area is not surrounded by
single- family residential alone.
Commissioner Birts said that the project is a mixed -use and
that she would like to see it stay the way it is proposed by the
consultant; we need four or more stories, she said.
Commissioner Palmer said she would be willing to compromise
with three stories which is the most suitable to put on that lot;
the first floors for the businesses; the second and third floors
for housing. She said that this seems the most reasonable.
This section was accepted as presented by a 3 -2 vote:
Commissioner Palmer: Nay
Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
SPECIAL CITY COMMISSION 8
MINUTES — August 23, 2007
At this time, Counsel recommended that formal motions be
made by the Commission in order to allow for any member who
wished to make an amendment.
Moved by Commissioner Palmer, to amend the language in order
to reduce it from a four - story to a three -story building.
Seconded by Commissioner Beckman, the motion failed by a 2 -3
vote:
Commissioner Palmer: Yea
Commissioner Birts: Nay
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Nay
Mayor Feliu: Nay
Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the
motion to accept this section as presented passed by a 3 -2 vote:
Commissioner Palmer: Nay
Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Chapter 2
TRANSPORTATION ELEMENT GOALS, OBJECTIVES AND POLICIES
Page 17
r n n l l
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
MINUTES — August 23, 2007
13
Approved
Horace G. Feliu
Mayor