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10-18-05 Item 25CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South Miami All- America City 2001 To: Honorable Mayor, Vice Mayor & Date: October 18, 2005 Commission Members ITEM No.� From: Maria V. Davis )� RE: Comprehensive Plan Evaluation and City Manager ! Appraisal Report 2005 ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING AND TRANSMITTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S COMPREHENSIVE PLAN FOR REVIEW AND COMMENT AND REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL (SFRPC) PURSUANT TO THE PROVISIONS OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATIONS ACT; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND (1) WHAT IS THE COMPREHENSIVE PLAN The South Miami Comprehensive Plan is an official document adopted by the City Commission and used as a guideline for all future development in the City. It is a document that establishes future goals for the City and policies as to how to achieve the goals. There are also objectives listed so that it is possible to measure progress. The Comprehensive Plan is not a static document as it can be amended to assure that it reacts to changing situations. The City's Comprehensive Plan contains a Future Land Use Map which shows for every property the type of uses allowed, the maximum number of dwelling units or building floor area that can be built (density) and the maximum height of buildings. These maximum standards are implemented by more detailed regulations in the Land Development Code (zoning code). The Plan also lists goals and policies which describe how the City will address traffic, improve streets, build recreational facilities, develop parks, protect the environment and encourage the building of new homes and apartments. These policies are implemented by inclusion in the City's capital improvement program (2) WHAT IS THE EVALUATION AND APPRAISAL REPORT "EAR" The Evaluation and Appraisal Report (EAR) is a State - mandated review of the Comprehensive Plan. The State of Florida requires all local governments to do a full review and update of the Comprehensive Plan every 5 -7 years. The EAR is an opportunity for the local jurisdiction to identify major development oriented issues, review past responses and assess how well the Comprehensive Plan has responded. When completed the EAR document is submitted to the State for review, comment and acceptance. Following the State's finding of sufficiency the City will begin the process of revising the current Comp- EAR 2005 October 18, 2005 rehensive Plan by adopting appropriate amendments. These changes will affect development and quality of life in all of the City's residential and commercial areas. The preparation of the EAR began over a year ago with the Planning Department staff setting forth a detailed work program and public meeting schedule. Following the issuance of a request for proposals in October, 2004, the City Commission approved the hiring of the Corradino Group as consultants to assist in the preparation of the EAR. The Corradino Group and its sub - contractor Bell -David Planning Group participated in citizen input meetings and prepared the required technical submission material. (3) CITIZEN INVOLVEMENT A key element in this evaluation process is input from citizens, local officials and sister jurisdictions. Once the assessments have been made, the EAR can identify changes that need to be made to the adopted Comprehensive Plan. The Planning Department used various methods to obtain citizen input, including comments from the City's web site, scoping meetings, workshops, mail -out and phone surveys and public hearings. Attached is a summary list of citizen input methods used as part of the EAR process. EAR DOCUMENT The attached EAR Document contains seven chapters and several appendixes. The following overview is provided: • Chapters II and III contain information which is required data and analysis to measure whether or not the current, goals, objectives, and policies listed in the current Comprehensive Plan (updated in 1997) have been accomplished. • Chapter IV is an analysis of the City's current levels of service and how the City's Comprehensive Plan is compatible with State and public school policies. • Chapter V a summary of recommendations suggesting that City objectives and policies need to be changed or updated. This chapter (pp. 145 -161) details all of the text revisions that the City will need to make in the Comprehensive Plan during the next year. • Table II A.2. (pp. 12 -14) ; map on p.15 entitled "Potential Future Land Use Map and Zoning Map Amendments" - this table and map is a culmination of information gathered from citizen comments, surveys, Planning Board members and professional staff on what revisions are necessary to update the Comprehensive Plan future land use map and the Land Development Code. PLANNING BOARD ACTION The Planning Board at its September 29, 2005 meeting, adopted a motion by a vote of 6 ayes 0 nays recommending approval of the draft EAR document. The Board made a number of revisions to the report based upon public testimony and its own observations. These revisions are explained in text sections of the report and will be highlighted at the EAR presentation on first reading. RECOMMENDATION: It is recommended that the City Commission approve on first reading the draft The Evaluation and Appraisal Report (EAR) , and establish Tuesday, November 1, 2005 as a public hearing on the report. Attachments: Citizen Input Summary MD /DOD /SAY\2CGRUFF\PLANNING \Comm Items\2005 \10- 18- 05\EAR 2005 CM Re P ort.doc COMPREHENSIVE PLAN - EVALUATION AND APPRAISAL REPORT 2005 SUMMARY OF CITIZEN INPUT METHODS WEB SITE COMMENTS • Comments forwarded to Planning Department in response to web site invitation on cityofsouth miami.net MEETINGS (Information gathering) • November 30, 2004 - Planning Board Workshop on visioning, citizens in attendance were invited to participate. • February 28, 2005 - Historic Preservation Board, elicited responses relating to historic preservation issues. • February 28, 2005 - Interagency Scoping Meeting, staff from other governmental (State, County) agencies invited to provide comments and suggestions. • March 19, 2005 - Environmental Review and Preservation Board; obtained comments related to design and site issues. • April 14, 2005 - City Commission Workshop; Mayor and Commissioners provided comments on planning issues. • May 23, 2005 - Open Public Comment Meeting, several dozen citizens provided input on planning and development issues. COMMENTS VIA LETTERS / INFORMAL MEETINGS • Letters received from citizens. • Comments brought to staff during meetings with citizens, developers and property owners. CITIZEN SURVEY -MAIL OUT • Mail out of questionnaire in the August City newsletter will be sent to all households; survey questions same as the 1988 survey. RANDOMIZED PHONE SURVEY • Phone survey of 250 -300 households to obtain information on future development and level of services. PUBLIC HEARINGS • Planning Board public hearings ( August 30, 2005; September 15, 2005; September 29, 2005) on the EAR Document prior to transmittal to City Commission. • City Commission public hearing (November 1, 2005) on the EAR Document prior to transmittal to the Florida Department of Community affairs. DOD /SAY E: \Comm Items\2005 \10- 18- 05\EAR Summary Citizen Input 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING AND TRANSMITTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S COMPREHENSIVE PLAN FOR REVIEW AND COMMENT AND REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL (SFRPC) PURSUANT TO THE PROVISIONS OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATIONS ACT; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 3 -89 -1989 the City Commission adopted its Comprehensive Plan according to the requirements of Chapter 163, Part II, Florida Statutes, known as the Local Government Comprehensive Planning and Land Development Regulation Act, and WHEREAS, the South Miami Planning Board has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the South Miami Planning Department has prepared a draft 2005 Comprehensive Plan Evaluation and Appraisal Report; and WHEREAS, the Local Planning Agency held public hearings on August 30, 2005, September 15, 2005 and September 29, 2005 to review and receive comments on the draft 2005 Comprehensive Plan Evaluation and Appraisal Report (EAR); and WHEREAS, the Local Planning Agency at its September 29, 2005 meeting adopted a motion by a vote of 6 ayes 0 nays recommending transmittal to the City Commission; and WHEREAS, the City of South Miami desires to transmit the draft 2005 Comprehensive Plan Evaluation and Appraisal Report for preliminary review and comment, prior to adopting the Report in final form; and WHEREAS, Florida Statutes § 163.3191(8) allows the Florida Department of Community Affairs ( "Department" ) to delegate its "authority" as the state land planning agency for sufficiency review of EARS to the appropriate regional planning council, while retaining oversight of the process; and WHEREAS, the Department entered into such an agreement with the South Florida Regional Planning Council (SFRPC) to review EARs in Miami -Dade County for sufficiency in 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 (2) accordance with the prescribed criteria in Florida Statutes § 163.3191 and Florida Administrative Code R. 9J- 5.005, where the local governing body, by vote of a majority of its membership, requests delegation in writing; and WHEREAS, the City of South Miami elects to have its 2005 Comprehensive Plan Evaluation and Appraisal Report reviewed for sufficiency by the South Florida Regional Planning Council; and WHEREAS, the City of South Miami City Commission conducted a public hearing on the proposed 2005 Comprehensive Plan Evaluation and Appraisal Report at its November 1, 2005 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The South Miami City Commission adopts for purposes of transmittal to the State the draft 2005 Comprehensive Plan Evaluation and Appraisal Report as submitted and amended by the City's Local Planning Agency. Section 2. The South Miami City Commission hereby requests that the Florida Department of Community Affairs delegate the sufficiency review of its Evaluation and Appraisal Report of the City's Comprehensive Plan to the South Florida Regional Planning Council pursuant to and in accordance with Section 163.3191, Florida Statutes. Section 3. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, the holding shall in no way affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. This ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2005 ATTEST: CITY CLERK APPROVED: MAYOR 1St Reading - 2 "d Reading- 1 2 3 READ AND APPROVED AS TO FORM: 4 5 6 7 8 9 CITY ATTORNEY 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 39E: \Comm Items \2005 \10 -18 -05 \Evaluation & Appraisal- Ord.doe 40 � 1 (3) COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: