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02-01-05 Item 12BOUT © V INCORPORATED 1927 R'& 'AD) To: Honorable Mayor, Vice Mayor Date: February 1, 2005 And Commission Members ITEM No. 19so From: Maria Davis ® Re: LDC Amendment City Manager + PUD -M Technical Correction ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.7(E)(1)(c) ENTITLED " "MIXED USE (PUD -M)" IN ORDER TO CORRECT A TECHNICAL ERROR, RELATED TO THE MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED USE PROJECT AND THE METRO RAIL STATION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the past several months the City has been in the process of reviewing a development proposal entitled "Red Road Commons ", which includes a request to change zoning from TODD(MU -4) to "PUD -M" Planned Unit Development- Mixed Use District. The LDC provides a separate section on PUD -M in which requirements, uses allowed and minimum standards are set forth for the district. (Section 20- 3.7(E)(1)). During one of the'meetings on the Red Road Commons project it was noticed that one of the standards in that section contained a technical or scriveners error which requires correction: TECHNICAL ERROR The PUD -M zoning district was created by the City to allow for a flexible development process which also encourages a mix of uses in close proximity of the Metro Rail station. This is illustrated by the following excerpt from the PUD -M section in the Land Development Code. Section 20 -3.7 "(E) Mixed Use (PUD -M). (1) General Requirements. (a) A PUD -M district may be established for complementary and compatible combinations of commercial, office, hotel or motel, multi family residential and similar uses directly located and related to the MetroRail station. (b) Such planned unit developments shall be subject to the general LDC Amendment) January 25, 2005 Page 2 of 2 (c) procedures, standards and requirements of this Code applicable to all planned unit development, as well as the requirements of this section. (c) The closest major entrance to any proposed PUD -M development shall be not less than twelve hundred (1,200) feet from the MetroRail station, as measured along the shortest route to accommodate largest number of pedestrians. " The above text shown in bold and underlined is can be read as requiring a PUD -M to be more than 1,200 feet from the Metro Rail Station which conflicts with the basic objective of having PUD -M projects within pedestrian walking distance of the station. Both staff and the developer interpreted the sentence to read that a PUD -M project must be within 1,200 feet of the station. This wording if not corrected could lead to PUD -M rezoning requests in areas far away from the Metro -Rail affecting mixed use areas like SW 62 Avenue, Madison Square, other areas designated Mixed Use Commercial/Residential Land Use, as well as residential neighborhoods. LDC PROPOSED AMENDMENT It is proposed that subparagraph (c )_be amended to read: "(c) The closest major entrance to any proposed PUD -M development shall be ims less than twelve hundred (1,200) feet from the MetroRail station, as measured along the shortest route to accommodate largest number of pedestrians. " PLANNING BOARD ACTION The Planning Board at its January 25, 2005 meeting, after a public hearing, adopted a motion by a vote of 5 ayes 0 nays to recommend approval of the proposed technical amendment to the PUD -M section of the Land Development Code. RECOMMENDATION The current language is obviously a scriveners error which needs to be corrected. It is recommended that the proposed amendment be approved on first reading. Attachments: Proposed Ordinance Public Notices MD/DOD /SAY E: \Comm Items\2005\2- 1- 05\PB -05 -007 LDC Tech Amend Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.7(E)(1)(c) ENTITLED " "MIXED USE (PUD -M)" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED USE PROJECT AND THE METRO RAIL STATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the PUD -M zoning district was created by the City to allow for a flexible development process which also encourages a mix of uses in close proximity of the Metro Rail station; and WHEREAS, the Planning Department has been in the process of reviewing a development proposal which includes a request to change zoning to "PUD -M" Planned Unit Development - Mixed Use District; and WHEREAS, during the review process it was discovered that one of the standards in the PUD -M section (Section 20- 3.7(E)(1)) contained a technical or scriveners error which requires correction.; and WHEREAS, one of the general requirements for a PUD -M district provides that there must be more than 1200 distance from the Metro Rail to a development in the PUD -M which conflicts with the basic objective of having PUD -M projects within pedestrian walking distance of the station.; and WHEREAS the above wording if not corrected could lead to PUD -M rezoning requests in areas far away from the Metro -Rail affecting mixed use areas like SW 62 Avenue, Madison Square, other areas designated Mixed Use Commercial /Residential Land Use, as well as residential neighborhoods. WHEREAS, the current language is obviously a scriveners error which needs to be corrected via the adoption of a technical amendment; and WHEREAS, the Planning Board at its January 25, 2005 meeting, after public hearing, approved a motion by a vote of 5 ayes and 0 nays recommending that the proposed Land Development Code amendment contained in this ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 3.7(E)(1), entitled "Mixed Use (PUD -M)" of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.7 "(E) Mixed Use (PUD -M). (1) General Requirements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (a) A PUD -M district may be established for complementary and compatible combinations of commercial, office, hotel or motel, multi- family residential and similar uses directly located and related to the MetroRail station. (b) Such planned unit developments shall be subject to the general procedures, standards and requirements of this Code applicable to all planned unit development, as well as the requirements of this section. (c) The closest major entrance to any proposed PUD -M development shall be less than twelve hundred (1,200).feet from the MetroRail station, as measured along the shortest route to accommodate largest number of pedestrians. " Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. 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 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of 52005 APPROVED: MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: NOTE:; wording to be removed indicated by strike- through. E: \Comm Items \2005 \2- 1- 05 \LDC Tech Amend PUD -M Ord.doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, 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 FOR 2/172005 in the XXXX Court, was published in said newspaper in the issues of 01/21/2005 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 anydiscount, rebate, commission or refund for the purpose of securinglhis adve ent for publication in the said vae newspa r. f Sworn to and subscribed before me this 21 of ARY D. 2005 (SEAL) " Maria 1, Mesa MY Commission DD293855 O.V. FERBEYRE personallyn to me of Fes March 04, 2008 Heraldco4 A n ,r -RELIGION, FROM 27 Third Church of Christ, Scientist, Si Miami, 11001 SW 87 Ave., , Bi 305- 271 -2040: Services and vi evening services will be con - Sunday School are at 10 a.m. SL ducted by Rabbi David D. Schorr- Sundays. Testimony meetings W blum, whose sermon topic will be are at 8 p.m, Wednesdays. Read - se ".`Why Jethro Came;" at 8 p.m. ing Room hours are from 11 a.m. ac Friday. Candle lighting is at 5:43 _ to 1 p.m. Monday through Satur - Si p.m. Shabbat morning. services day, 6 p.m. to 8 p.m. Wednes- w. will discuss the Torah portion, days and from 2 p.m. to 4 p.m. M Yitro at 9:30 a.m. Saturday. Sundays. S.. Immediately following services; Tc Schonblum will lead a Lunch and Unitarian Universalist Congre- gr Learn entitled "Moses; A Lesson gation of Miami, 7701 SW 76th gr .in Jewish Leadership." Shabbat Ave., 305 -667- 3697, ac ends at 6:40 p.m. Shabbat eve- 305 - 667 -5056 (for children's Sr ning services will be 8 p.m, Feb. program):The 11 a.m. Sunday ser- m 4, Candle lighting is at 5:49 p.m. mon is entitled Reflections on ini Shabbat morning services will Senegal: Focus on Family by the vi! discuss the Torah portion, Mish- Rev. -Dr. Lucy Hitchcock Seck. sic patim at 9:30 a.m. Feb. S. The Another two part series will open blessings for the new Hebrew windows first into the family W month of Adar l will be chanted. structure and life in Senegal 0 Shabbat ends at 6:44 p.m. Miami_ Sociologically and spiritually, C� Heat Basketball, game at 7 p.m: there are insights to be gained 78 Feb. 5. A chartered bus will leave for American culture from a Su the temple at p.m. for the tipoff West African culture rooted in 11:1 at the American Airlines Arena in tribal and Islamic traditions. sit Downtown Miami. Cost: $40 per Worship services every Sunday ticket and $7.50 for each round - at 11, a.m. "Way Cool Sundays," `lc trip bus ticket. Call the Syria- the dynamic, active approach to SV gogue office for reservations and religious education for children DE additional information. Kids and youths starts at 11 a.m. Sun - no Club, open to children in kinder- days. Adult teachers and advi- of garten through fifth grade: meet- sors for three age groups and vic ings will be held Feb. 9, March 9, teens, with nursery care avail- by April 13 and May 11. All events will able. Unitarian Universalism is a Mc be held at the temple. Dues for liberal religion which encourages sei the year are $60, which will men, women and children to by include all regularly scheduled explore religious' ideas and con- Af activities and snacks. Daily Min- . temporary issues, honor diver- at yan is at 7:30 p.m. Monday sity, and act for social justice as tin through 'Thursday. Temple part of a compassionate commu- ye+ Samu -El Or Olom, affiliated with nity. All are welcome. Visit arE the United' Synagogue of Con- www.uumia.org. " du: servative Judaism; is a caring; egalitarian and full service Con - Unity Center of Miami, 16320 . servative synagogue in South SW 147th Ave., 305- 232 -9503: Za Dade. For information call Singspiration at 10` :45 a.m. Sun- soi 305- 271 - 5756. E -mail: tsoomia day at Temple Bet Breira, 9400 Ap mi @aol.com. Webs'ite: SW 87th Ave. At 11 a.m., Rev. Bu, www.tsoomiami.org. Charline Emanuel Rankin's talk du title will be "When The Morning gui Temple Sinai of North Dade, Comes." 8 K 305 -932- 9010: Tu e'shevat to Weekend is Friday and Saturday: University Baptist Church, 624 tea Friday evening is a special Shab- Anastasia Ave., Room 100, Su< bat Under the Trees service at 305- 448 -4428, ext. 621 (for she 7:30 p.m. focusing on nature. The childcare reservations): Mother Ta service will be held outside at the of Preschoolers Ministry (MOPS) (Al temple's holocaust memorial. meets at 6 :30 p.m. the first ma Saturday at noon is the annual Thursday of each month. Free Me Blessing of the Animals. Bring child care provided by reserva- niq your pets fora special blessing. tion only. RSVP three days in tua . advance. Call for more informa- Tru Temple Zion Israelite Center, tion: nes 305- 271 72311: Friday, evening ya Yartzeit and Kaddish service is Upper Room Assembly of God, Fri( from 8:15 to 9 p.m. Saturday 19701 SW 127th Ave., eve morning services are from 10 3 05- 251 -0876: Sunday Sched- a.m. to noon. Rabbi Seymour ule: Worship Services: from 9 Friedman will preach and teach. a.m. to 11 a.m.; Children's Church i Full Kiddush follows service. Tal- at 11 a.m.; Spanish Service of 7 Sm lis and Tefilin Sunday morning p.m. Services at 7:30 p.m. ; services will be from 9 to 10 a.m. Wednesdays. TGIF Worship Ser- ¢ier Cantor David Katzenstein chants vice at 7:30 p.m. Fridays. Child' - Ken at all services. Services on all hol- care provided. Ken idays are from 10 a.m. to noon. Call for details: Wayside Baptist Church,,77 01 e -rn