Loading...
08-23-07 Special Excerpt PB Minutes 05-29-07c6OUT �0 U y ., NCORPORATE� 1927 �' EORYVr1:5:0 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 29, 2007 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: 30 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Ms. Beckman, Mr. Davis, Ms. Chael, and Ms. Yates. Members Absent: Mr. Farfan and Ms. Young, City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications / Public Hearing (D) PB -07 -014 Applicant: City of South Miami AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED 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 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the ordinance into the record. Planning Board Meeting 5 -29 -07 Page 2 of 6 Mr. Youkilis advised that Ms. Cathy McCann emailed staff expressing her concerns regarding Chapter 3, Housing Element and requested the email be distributed to the Board for further consideration. Mr. Morton read. the email into record. Recommendations: Staff recommended that the Planning Board acting as the City's Local Planning Agency, approve Chapter 3, Transportation, Chapter 4, Infrastructure Element, Chapter 5, Conservation Element, and Chapter 6, Recreation and Open Space Element of the EAR- Based Comprehensive Plan Amendments. Chapter 3,Housin In order to complete the approval of Chapter 3, Mr. Youkilis advised the Board to refer to the May 8, 2007 meeting minutes and approve the recommendations that were discussed, agreed upon, and deferred to the May 29, Board meeting. Mr. Perez advised in response to one of the questions at the last meeting that the Red Road Commons Project has a 10 year development agreement and that it was submitted and finalized in March 2007. He also stated that in January 5, 2006 the City Commission held a public hearing on the EAR document. Thereafter, in February 2007 the EAR was submitted to the Florida Department of Community Affairs. During August and September of 2005 the information on the Housing Element, specifically on affordable housing, was taken to the Affordable Housing Committee and voted on. Mr. Morton questioned if the Policy 1.5.2 previously read 20% density increase and Mr. Perez replied with an affirmative. Ms. Beckman stated that the intent of Ms. McCann's email was to extend the life span of affordable housing beyond the ten years. However, she questioned if a ten year extension was feasible. Mr. Perez advised that the 10 years Ms. McCann was referring to pertained to the Red Road Commons Development .Agreement. He advised that based on State Law under Chapter -163, a Development Agreement. has a life span of ten years. An annual report must be developed every year and from the fifth year forward a report has to be completed and mailed to the Florida Department of Community Affairs in Tallahassee. He added that currently Chapter -163 indicates that the number years for affordable housing may only be changed through legislation in Tallahassee. Ms. Chael stated that the information under Policy 1.5.2 does not specify a time period. Mr. Perez replied that she was correct; however the reason for not having a set time period was due to this being a policy within the Comprehensive Plan as opposed to a separate Development Agreement for a specific project. He added that it was a recommendation being made to enhance an overall a policy that deals with affordable housing issues. Ms. McCann was referring to the development: agreement with Red Road Commons which is a specific project. Ms. Beckman questioned whether every development agreement regarding affordable housing has different guidelines and whether the guidelines were standard for every development. She inquired how the guidelines may be changed in order to increase them to 30 years in the event of a change of ownership. Mr. Perez advised that because Chapter- Planning Board Meeting 5 -29 -07 Page 3 of 6 163 is state law the only way it may be changed would be through legislation adopted in Tallahassee. He clarified to the Board that once a development agreement is signed the agreement is carried over to whoever owns the property. It goes with the land and not the ownership. Mr. Morton explained that Ms. McCann proposed a 25 %, density increase under Policy 1.5.2, if a developer were to build 15% of its units for affordable housing. Ms. Chael advised she does not recommend the proposal of a 25% density increase. She added that the concept would be more reasonable if the percent increase commensurate the total number of units. The Board agreed. Ms. Beckman stated that she would prefer to keep the word charrette under Policy 1.1.3 and the Board agreed. She also questioned if there is a process in which a recommendation could be made to change and extend State Law Chapter-163 and its ten year development agreement period. Again, Mr. Perez responded that it could only be done through a change of legislation in Tallahassee. Ms. Chael recommended deleting the word "substandard" form Policy 1.2.3. She suggested it should read "the city shall seek to correct existing hazardous units by 2015. Motion: Ms. Yates moved to approve Chapter 3, Housing Element as agreed upon during the May 8, 2007 meeting and with the current amendments. The following Amendments were proposed: (seen in underline) • Policy 1.1.3; The City shall continue to address affordable housing and redevelopment needs in its Community Redevelopment Area through 2010 -2015 through .such activities as a charrette process, Single Family Infill Program, the Multi- Family Housing Master Plan, and the Residential Rehabilitation Grant Program. • Objective 1.2; The City shall seek to correct existing hazardous units by 2015. • Policy 1.2.3; By 2010 the City shall enact an ordinance to establish more stringent standards for "tear town" and new development in established neighborhoods, and by 2015 the City shall seek to encourage rehabilitation of historic buildings. • 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 current City ordinances; no historically designated buildings in the City should be demolished or altered uns�m ap thetically. • Policy 1.5.2. In consideration of a developer's provision of affordable housing, the City shall consider rg anting a density increase proportional to the number of units provided but not exceeding a 20% increase, to the extent that such an increase is compatible with surrounding development and site characteristics. Vote: 5 Ayes 0 Nays Planning Board Meeting 5 -29 -07 Page 4 of 6 Chapter 4, Infrastructure Element Mr. Morton questioned if there was any written language indicating that storm water should be retained on site. He stated that Objective 1.3 was contradictory because it does not require an implementation process. Mr. Perez responded that the City has a policy which states that storm water must be retained within the boundaries of the property. Mr. Morton however, added that Objective 1.3, as it reads, goes against the policy that the City currently has in place. The policy may be corrected by including language under Objective 1.3 indicating how drainage calculations shall be performed. Mr. Davis advised that all of the storm water cannot be kept on site regardless of the actions taken to prevent runoff. Currently there are no calculations or any wording indicating how runoff water could be prevented. The water tables are so high in this area and the City of South Miami has such porous ground that if the water was handled properly no runoff problems should arise. Ms. Chael stated that incorporating permeable ground surfaces would be a great idea in solving the runoff issues and would avoid the necessity of scientific calculations. The Board recommended implementing a calculation method or a specific threshold number for maximum runoff under Objective 1.3. This will assist in maintaining water on site therefore preventing run off. Mr. Perez advised he will provide the Board with a response for this objective during the following meeting Motion: Ms. Yates moved to approve Chapter 4, Infrastructure except for Objective 1.3. Ms. Beckman seconded. Vote: 5 Ayes 0 Nays Chapter 5, Conservation Element Mr. Perez advised that 1.4.2 is a new policy. Ms. Beckman questioned the current water supply measurements. Mr. Youkilis advised that the measurements were made by the county and that the City will only assist the county in maintaining those efforts. Ms. Beckman recommended the creation on an educational program that may lead to a solar energy generator. The Board agreed, however, the Board proposed that policy for the educational program recommended by Ms. Beckman should be directed to the Green Design Task Force that the City will establish. Motion: Ms. Beckman moved to approve Chapter 5, Conservation. There were no amendments. Ms. Yates seconded. Vote: 5 Ayes 0 Nays Chapter 6, Recreation and Open Space Element Ms. Beckman questioned if currently there are mechanisms in place for concurrency on open space with Red Road Commons. She questioned whether the developers are obliged to purchase a certain amount of green space in order to accommodate any new residents. Mr. Perez responded with an affirmative. He added that there is a condition in the Planning Board Meeting 5 -29 -07 Page 5 of 6 Development Agreement that requires the developer to pay a concurrency fee for the amount of $928,000. Ms. Beckman stated that policy 1.1.5 essentially negates that obligation. Mr. Morton advised that the amount was referring to a park concurrency fee and the stated policy institutes the fee. Mr. Youkilis stated the impact fee policy is assessed at the moment the building permit application is applied for therefore everyone pays. The State law requires that a study has to be conducted in order to assess the fee. Ms. Beckman recommended including the word "all" to Policy 1. 1.5 and the Board agreed. Mr. Morton stated that Policy 1.1.6 talks about a residential building permit and questioned how a multi -use may be tied into this policy. Mr. Youkilis stated that parks and recreation are only based on residential therefore a mixed -use element will not require any contribution because it is commercial. Mr. Morton advised that a residential building permit could either be single family or multi- family therefore the language needed to be corrected in order to incorporate residential, multi-family residential, or the residential component of a mixed -use development building permit. Mr. Morton suggested including "other similar organizations" under Policy 1.2.4 in order to avoid limiting services to other organizations. Ms. Beckman questioned whether specific hours may be included under Policy 1.3.1 due to different interpretations with the wording "appropriate hours." Mr. Morton suggested amending the policy to state "within the hours set forth in the City Code." Ms. Beckman suggested incorporating language indicating that every child should learn how to swim. The Board disagreed indicating that this item should go before Parks and Recreation. Motion: Ms. Yates moved to approve Chapter 6, Recreation and Open Space Element with the following recommendations. Ms. Beckman seconded. • Policy 1.1.5; Grammatical error "associates" and should be corrected to read "associated." • 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. • Policy 1.1.6; The City shall monitor the availability of adequate park space to meet the demand generated by issuance of residential, multi - family residential, or the residential component of a mixed -use development building permits on an ongoing basis as part of its Concurrency Management System. • 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. Planning Board Meeting 5 -29 -07 Page 6 of 6 • Policy 1.3.1; The City shall continue to assure full public access, within the hours set forth in the City Code, to its parks, park shorelines along the canals and community centers. Undertake opportunities for additional waterfront recreation facilities, when suitable properties become available. Vote: 5 Ayes 0 Nays PAComm Items\2007 \8- 7 -07\PB Mins 05 -29 -07 Excerpt EAR.doc