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02-26-04 Don O'Donniley - Agreement with DCA/Impact on SW 62nd Ave CorridorTo: Maria V. Davis City Manager CITY OF SOUTH MIAMI Date: February 23, 2004 From: Don O'Donniley g2 0- Planning and Zoning Director Sanford A. Youkilis Planning Consultan RE: Stipulated Settlement Agreement With DCA/ Impact on SW 62Ave. Corridor SUMMARY At the City Commission meeting on February 17, 2004 Valerie Newman distributed documents related to a 1998 settlement agreement between the City and the Florida Department of Community Affairs (DCA). This agreement was the end product of a debate between the City and DCA as to whether or not the City's 1997 amendments to the Comprehensive Plan were in compliance with State standards. The Comprehensive Plan was found to be in compliance and the Administrative Action against the City was dismissed because the City agreed to adopt three remedial amendments. Two of these amendments were adopted and accepted by DCA. However, a third action to conduct a city -wide transportation study was not completed. There is no evidence or record that the Florida DCA took any action to follow up on the transportation remedial action or to nullify their determination that the City's 1997 Comprehensive Plan amendments are in compliance with State standards. BACKGROUND OF COMPLIANCE FINDINGS In 1995 -96 the City completed the required Evaluation and Appraisal report (EAR) of its Comprehensive Plan resulting in a package of 16 text and land use map amendments to the Comprehensive Plan. In August, 1997 the package of amendments were approved by the City Commission and forwarded to the Florida DCA for their determination that these amendments were in compliance with State standards and guidelines. One of the 1997 amendments changed the assigned Future Land Use Map category for the west side of SW 62 Ave, from Neighborhood Retail Land Use (2 story maximum) to Mixed -Use Commercial /Residential Land Use (4 story maximum) This is the same area which was studied as part of 2002 -03 SW 62 Ave. Corridor Charrette. The Florida DCA issued a report in October, 1997 stating that the amendment package was not in compliance with State standards due to three areas (land use densities, (2) affordable housing, transportation ) which required some additional study or changes. In order to receive a finding of compliance and avoid lengthy litigation the City negotiated a settlement agreement with DCA which stipulated in detail what steps ( "remedial actions ") the City needed to take to be in compliance. This agreement was approved by the City Commission on April 21, 1998. In an order dated September 9, 1998 the General Counsel for the Florida DCA dismissed the administrative action against the City and a Notice of Intent finding the City' Comprehensive Plan and all of the 1997 amendments to be in compliance was locally advertised. STATUS OF REMEDIAL ACTIONS The City did complete two of the remedial actions: (1) The addition of a land use density level for the Mixed Use Commercial /Residential Land Use Category was a required remedial amendment. The amendment was prepared by Planning staff and was adopted by the City Commission on August 4, 1998 (Ord. No. 12- 98- 1660). The Florida DCA accepted this amendment in a letter dated September 15, 1998. (2) An amendment to the Housing element to include specific policies for developing affordable housing was a second required remedial action. This amendment was The amendment was prepared by Planning staff and approved by the City Commission on March 7, 2000 (Ord. No. 3 -00- 1705). The Florida DCA accepted this amendment in a letter dated April 19, 2000. (3) The third remedial action was to significantly expand the City's Transportation Element by including city wide traffic counts, level of service assessments, peak hour counts, trip generation counts, and public transit usage. The studies, analysis and data collection called for would require the hiring of a one or more transportation/traffic engineering consultants to complete. An alternative would have been to work with the local Metropolitan Planning Organization (MPO) to assist the City in completing the reports and studies required. For reasons not evident in the files the City Administration at that time decided not to pursue or could not afford to complete this remedial action. There is no evidence or record that the Florida DCA took any action to follow up on the transportation remedial action or nullify their compliance determination on the City's 1997 Comprehensive Plan amendments. UPDATED COMPREHENSIVE PLAN The City of South Miami by September 1, 2005 is scheduled to submit to the State a completed Evaluation and Appraisal Report (EAR) which report will set forth all of the needed updates and revisions to the current Comprehensive Plan . It can be expected that as part of the TEAR 'study process the entire Transportation Element will be updated and will include those studies and analysis set, forth in the third remedial action. The State recommends that the EAR review process begin a minimum of 15 months before the due date. DOD /SAY E: \Comm Items\2004\2 -26 -04 \Memo on DCA Stip Agreement Items.doc a + , 1I. -"CHARRETTE TOO" MIXED -USE LAND USE AMENDMENT QUEST _ s'a result of the 1995 Evaluation & Appraisal Report, the Local Planning Agency recommends that- he City amend its Comprehensive Plan, in order to implement the 1995 Future Land Use Map lesignation of Mixed -Use Commercial/Residential (Four- Story) for those properties identified as the 'Charrette Too" Area in the Hometown Too Charrette Study. INTRODUCTION AND SUMMARY The purpose of this amendment is to change the 1995 Future Land Use Map designations on the properties indicated in the Hometown Too'Charrette Study and hereafter referred to as the Charrette Too Area. The prop sed 'Mixed -Use Commercial/Residential (Four -Story) Iand use designation explained in the 1995 Evaluation & Appraisal Report is the mixed -use land category most appropriate for this location. The Hometown Too Charrette Study contains the following language under the section entitled Specific Proposals regarding the subject area: SW 70c6 Street and S 71' Street: ® Continuing the pioneering effort of the Hotel Vila, infill the oversize parking lots and vacant lots with new traditionally - scaled buildings. With the traffic rerouting for north bound US I motorists, properties fronting 70"' Street will gain more visibility making redevelopment there more viable. The blocks north of SW 70' Street between SW 62 "d Avenue and SW 59' Place should have mixed -use buildings on their south half and residential buildings (i.e., rowhouses) on their north half to best face the Lee Park Cooperative townhouse ' complex. Benefits: Economic development plus improved character and vitality. Paul Tevris Drive (62M,Avenue): From Hardee .Drive south to SW 70'* Street. ® Reduce travel lanes from five lanes to two travel. lanes and two parallel parking lanes. Widen the sidewalks and create a green strip for street trees. i Restore parallel parking. • Clearly mark crosswalks with signs, street pavers, and traffic calming devices. ® Infill new "Main Street " buildings on vacant land along west side. Land uses should be flexible, but building form and position strictly regulated to prevent strip" development. Benefits: Improved safety for schoolchildren and other pedestrians, expanhed business opportunities, and improved appearance. Traffic will move more carefully, , and parking will be convenient for business. 4 7 . wxi `r cTS^ -.: ang1age which specifies the exact nature of the proposed.M_ ixed Use Comm ercraUResidentlai� (Four -Story) land use designation and all propose d Land use designations is included as part ofthe s ge Amendment This lan ge is intendedt,o be EAR -Based Comprehensive Plan Language (�}• �� included in the Future Land Use Categories contained within the Future Land Use Element of the r G �e for the Mixed -Use CorrimerciaUResidential designation is intended _ Comprehensive Plan. Language to apply to the "Madison Square" Amendment (1), "Charrette Too" Amendment (II), "Community Center" Amendment (V), and the "Hometown District" Amendment (VI). DATA AND ANALYSIS r Propdsed Use Designation The 1995 Future Land Use Map indicates the areas to be designated with the proposed land use i designation of Mixed -Use Commercial/Residential (Four - Story). The Charrette Too Area is one of four such amendments which include the "Madison Square" Amendment (I), the "Comsmunity Center" Amendment (V), and the `Hometown District" Amendment (VI). The proposed Mixed -Use Commercial/Residential land use designations is described as follows: ThelVltxed- -Use Lo mmerciallResideritial land use category is intended to provide for different levels _ of retail uses, office uses, retail and office services, and residential ai velling units yvith an emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted heights and intensities shall be set forth in the Land Development Code.. Regulations regarding the permitted height, density, and intensity in zoning districts for areas designated as mixed -use commerciatresidential shall provide incentives for transit- oriented development and mixed-use development. Zoning regulations shall reinforce "no widenings" policy set forth in the Traffic Circulation Element by encouraging Ilse of Metrorail system. Adjacent Land Use Designations Adjacent land use's are illustrated on the 1995 Future Land Use Map. The properties surrounding the Charrette Too Area have the following proposed land use designations on the 1995 Future Land Use Map: Single Family Residential (Two - Story), Public Institutional Uses, Educational Uses, Multi- Family Residential (Four - Story), Residential Office Uses (Two - Story), and TODD (4 +4). Effected Area The subject area consists of existing commercial, public institutional, and residential properties. The whole is legally described as follows: Lots 1 -12, inclusive, Block 4, and all of Block 5, of the "Cocoplum Terrace Addition" Subdivision, according to the plat thereof, as recorded in Plat Book 48 at Page 38, of the Public Records of Dade - County, Florida; and, Lots 1 -6, inclusive, Block 3, Lots 1 -5, inclusive, and East 35 feet of the South 100 feet of Lot 6 and the North 20 feet of the East 25 feet of Lot 6 and Lot 12 less the South 29.75 feet of the West 35 feet, Block 4, of the "Cocoplum Terrace" Subdivision, according to the plat thereof, as recorded in Plat Book 25 at Page 4, of the Public Records of Dade County, Florida; and, Lots 1 -18, inclusive, Block 14, Lots 1 -25, inclusive, Block 15, of the "Townpite of Larkins" Subdivision, according to the plat thereof, as recorded in Plat Book 2 at Pagel 105, of the Public Records of Dade County, Florida; and, Lots 1 -7, inclusive, Block 2, of the "Larkin Center" Subdivision, according to the plat thereof, a.s recorded in Plat Book 27 at Page 67, of the Public Records of Dade County, Florida; and, oila ^2 8 Lots 6- 12,inclusive, Block 2, Lots 1 -15, inclusive, Block 3, of the "Rosswood" Subdivision, according to the plat thereof, as recorded in Plat Book 1" ) at Page 62, of the Public Records of Dade County, Florida; and, Tract 1 of the "Amended Plat of Commercial Larkins" Subdivision, according to the plat thereof, as recorded in Plat Book 38 at Page 5, of the Public Records of Dade County, Florida. Existing Uses in Effected Area The 1. 995 kxisting Land Use Map shows the current use of the properties contained within the proposed Mixed -Use CommerciaUResidential land use`desianation area. The adjacent street system is also illustrated. Current Land Use Designations and. Areas The current land use designations for properties in the Charrette Too Area are indicated on the 1989 Future LQ use Map. This amendment is an ambitious attempt to revitalize the community with new commercial possibilities, and it will also provide the citizens with an opportunity to work, live, and play in the same area. The composition of the area is as follows: Existing Commercial Office Uses 1.57 acres Existing Commercial Retail 3.41 acres Existing Public Institutional 2.85 acres . Existing Single Family 1.11 acres Existing Vacant Lands 5.27 acres Total 14.21 acres PUBLIC FACILITIES IINVACT Existing infrastructure which provides water and sewer services to the effected area is in place. Supplemental upgrades to water and sewer service systems, if necessary, will be required in order to approve development. Solid waste capacity is available as described in the EAR See Appendix I for the complete table of impacts resulting from 96 -ER Fand 96 -ER 2. The City desires to create regulations which would implement a 1:1:1 ratio for development of retail, office, and residential uses within the district. Regulations could permif sharing among developments and/or properties of the three primary uses. Development.at four stories would be permitted by right under the provisions of a quality -of- design regulatory package.. Facilities Analysis This is an analysis of the net increase in public facility demand if the land in the proposed Mixed -Use Commercial/Residential Area (Four -Story) is developed to the intended mix of land uses. For the purpose of analysis, a development and redevelopment goal of 25% of the area is assumed. The City is aware that this is an ambitious goal for a redevelopment district. The entire proposed Charrette Too area is approximately 14.21 acres. Utilizing tie 25% goal for development and redevelopment, in conjunction with the 1:1:1 ratio, an expected maximum new development and redevelopment floor area is calculated. Maximum development permitted is four stories. Parking, landscaping, and setbacks will restrict development potential. An F.A.R. of 0.5 per floor reflects reasonable expectations for development and is applied here for calculations. 9 g�rsr Per arson per'_day Qe Impact i is 100 gallons p - �ewa� of South N iam the adopted LOS for sewage inmeas es of capacity at service facilities. Metro Dade County Measurability is based on County and the remaining capacity is x r - a reports a total capacity of 318 mgpd is available for users, re The projected demand from 4 m e till well above 1 P d see Append I decreases to 36.3 gp approximately 37.41 mgp ( a capacity ` ` { therefore, the remaining eerican Water Works approximately 1.07 mgpd, tion that the occupancy of ands. Generation rates reported below e ed u on the assiunp tial baseline stand A Office generation rates are bas P Association (AMW ) -famil dwelling unit is 1? 00 to ee er, i00 square feet (South 'Florida Code) Residential office space will be one amp the assumption that the average mu . generation rates are based upon square feet. ,. . Charrette TOO Sewage Impact Rate Projected Demand Remaining Sufficiency Land Use New Buil,ding Generation Capacity Ye Gross Area in- in 9 allons per in mgpd in mgpd square feet square foot. 0' 18 3:1.41 Yes Total Am 1 52,491 varies Am 1i: 1.03 36.38 Yes 103,165 10.0 36.36 Yes Retail 0.18 0.019 36.34 Yes Office fiG�3,165 0.020 0.19 36.34 Yes Residential 103, 495 varies 1.07 Total Am It 309, per day at a pressure • Water Impart City of South Ni.iami is 150 gallons per Person p Y The adopted LOS for water in T-v measures at service facilities. a ietr a -Dade Th P d the remaining capacity of 20 psi or more. Measurability is based d is available for users.,n County reports a total capacity of 190 dmge, Appendix D. The projected demand from es to is mgpd, available is approximately 24 -..1 .m°p d therefore, the remaining capacity de Office amendment is approximately 1.08 mgp , ace will be one • tandards. Generation rates reported be low AivIWA- —` - - -- _ still.well above baselines tion.thatthe occupancy. o.,:... _......... -- __ _ enerauon rates are based--7- generation. rates aye based upon the assume dwelling unit size is 1200 square feet. ee per 100 square feet (South Florida Building Code). Residential g employ P upon, the assumption that the average multi-family, _ Charrette Too NVater. Impact Sufficiency Generation Projected Demand Reming Yes/No Land Use New Building in mgpd Capacity Gross. Area . Rate gallons' mgpd a 10 in square Per square Yes feet foot 0.19 - •. 24.21 Total Am I 52,491 varies , Yes Am 11: Retail 103,165. 10.0 1.03 0.022 .18 2 .16 Yes Yes Office 103,165 0.21 0.23 0.024- 23.14 23.13 Yes Residential 103,165 1.08 Total Am 11 309,495 varies a 10 ainage Impact e adopted LOS for drainage in the City of South Miami is to provide for the accommodation of toff from a 1 -day, 1 -in -10 year frequency storm. This is maintained via site plan review. New Bldg Generation Projected Remaining Sufficiency .nd Use Gross Area Rate per SF Demand Ca acit Determination n 1:'.' sf Calculated on project-by-project basis Yes- Sufficient - ;tail 103,165 sf Calculated on project-by-project basis ` Yes- Sufficient = ice 103,165 sf Calculated on project-by-project basis Yes - Sufficient sidential 103,165 sf Calculated on project -by- project basis Yes- Sufficient )lid Waste Impact re adopted LOS for solid waste in the City of South Miami is 7.6 pounds per person per day. easurability is based on County measure of capacityat service facilities. Metro -Dade County ports that a total caps. ity of 16.9 million tons is available for users, and the remaining capacity ,ailable is 5.876 million tons. The projected'demand from this amendment is approximately 0. 0059 illion tons, therefore, the remaining capacity decreases to 5.870 million tons, still well above reline standards. Generation rates are from the South Miami Concurrency Management System, able V1. Projected demand is expressed in total demand for the five -year, required planning ;riod. Residential generation rates are based upon the assumption that the average multi - family, veiling unit size is 1200 square feet. v Charrette Too Solid Waste Impact 1 Use New Building Gross Area in square feet Generation Rate in pounds per square foot per rday Projected demand in millions of tons Remaining Capacity in millions of tons Sufficiency Yes /No fl Am l 52,491 varies 10.0010 15.876 Yes II: , sil 103,165 0.040 0.0041 5.872 Yes ce 103,165 0.010 0.001 5.871- Yes idential 103,165 0.008 0.0008 5.870 Yes al Am .11 309,495­..._.'* ' varies 0.0059 5:870 .. _ Yes ....._ . Zecreation Impact . he adopted LOS for park land in the City of South Miami is 4 acres per 17000 population. This mendment is projected to cause a population increase of approximately 215 people, which would esult in the demand of an additional 0.86 acres of park land. The remaining available capacity of ark land would decrease to 5.02 acres above baseline standards. . 1I t Charrette Too Recreation Impaci Land Use New Building Projected Projected Demand Remainm f g ,.1 Sufficiency y Gross Area in Population in acres Available °les /No square feet Increase Capacity in acres Total Am 1 52,494 36 0.144 5.88 Yes Am 11: Retail 103,165 N/A NIA 5.88 Yes Office 103,165 N/A ... N/A 5.88 Yes Residential 103,165 215 0.86 5.02 Yes Total Am Il 309,495 215 0.86 5.02 Yes Transportation Impact The proposed Charrette Too .Mixed =Use Commercial/Residential land use designation is served by S.W. 64 Street and S.W. 62 Avenue which are County section -line roadways and exempted from traffic concurrency pursuant to the County's adopted Urban Infll Area. Conclusion These comparisons illustrate that the expecte,4 density and intensity of development within the proposed Mixed -Use Commercial/1Zesidential district will not reduce the levels -of- service for the City of South Miami. None of the calculated public facility impacts exceed existing capacity. PROPOSED LANGUAGE AMENDMENTS The purpose of this amendment is to change the Future Land Use Map to designate the "Charrette Too" area with the Mixed -Use Commercial/Residential (Four- Story) land use designation defined in the EAR. The -1995 Future Land Use Map indicates areas to be designated with the proposed land use designations. Amendment XV contains the language chantres which amend the Future Land Use Categories and describe the specific nature of all designations. s .. a 12 1, a r' South Florida Regional Planning Council MEMORANDUM /j _ AGENDA ITEM #10b DATE: OCTOBER 5, 1997 I TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: SOUTH MIAMI ADOPTED COMPREHENSIVE PLAN AMENDMENT Introduction On February 3, 1997 the Council reviewed proposed amendment package #97 -IER to the City of South Miami and found it to be generally consistent with the Strategic Regional Policy Plan for South Florida (SRPP). On September 2, 1997 Council staff received the adopted amendment package for review of consistency with the SRPP. Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, and Rules 9J -5 and 9J -11, Florida Administrative Code. Summary of Staff Analysis Adopted amendment #97 -1ER has been submitted in response to the recommendations contained in the City's Evaluation and Appraisal Report (EAR). The City of South Miami Comprehensive Plan EAR was determined to be sufficient by the Department of Community Affairs (DCA) pursuant to Rule 9J -5, Florida. Administrative Code on December 1, 1995. Adopted amendment package #97 -1ER contains a total of 14 Future Land Use Plan Map amendments and various text amendments which are based on the recommendations contained in the City's Evaluation and Appraisal Report (EAR) and the recommendations contained in the Department of Community Affair's Objections, Recommendations and Comments Report (ORC). A map identifying the City's boundaries is included in Attachment 1. -The specific location of Amendments No. I - 14 are shown in Attachments 2 15. A detailed analysis of the amendment package is contained in Attachment A. Staff analysis confirms that no adverse regional impacts will result from the amendments. Recommendation Find adopted amendment package #97 -IER to the City of South Miami Future Land Use Plan and Comprehensive Plan generally consistent with the Strategic Regional Policy Plan for South Florida. Approve this agenda item for transmittal to the Department of Community Affairs. Advise DCA of the Council's concerns about the , effects of school overcrowding in the Region 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (305) 985 -4416, Area Codes 305 and 407 (800) 985 -4416 SunCom 473 -4416, FAX (305) 985 -4417, SunCom FAX 473 -4417 ATTACHMENT A CITY OF SOUTH MIAMI ADOPTED LAND USE AND COMPREHENSIVE PLAT AMENDMENT REVIEW Analvsis of the Amendment Packa &e Staff analysis of the City's adopted Future Land Use amendments (Amendments 1 -14) is included in Table 1. TABLE 1- STAFF ANALYSIS OF FUTURE LAND USE AMENDMENTS PUBLIC AMENDMENT TOTAL EXISTING LAND PROPOSED FACILITIES COMMENTS ACREAGE/ USE LAND USE SUFFICIENCY UNITS DESIGNATION DESIGNATION (YES/NO) Amendment "Single- Family "Mixed -Use Creating a node No. 1- 2.41 Res. ", Commercial/ Yes for retail Madison "Neighborhood Res. opportunities. Square Retail (Two- (Four- Story)" Story)" "Commercial Economic Amendment 14.21 Office Uses ", "Mixed -Use Yes development and No. 2 - "Commercial Commercial) improved safety Charrette Retail ", "Public Res. for children and Too Institutional ", (Four- Story)" pedestrians. "Single Family Res." and "Vacant Lands" "Single- Family Amendment Res. (Two- "Public No. 3 - 7.93 Story) ", "Low Institutional Yes No net loss of Marshall Density Uses (Four - parks. Williamson Multiple (Two- Story)" and Park Story) ", "Public "Parks and. and Semi Open Space" Public (Four- Story)" and „Parks and Open Space" Amendment 7.05 "Low Density "Multiple Yes Replacing a. No. 4 - Multiple (Two- Family Res. redundant Park View Story)" (Four- Story)" classification. Townhouses Fv •. _ 4 �Y LAND USE PLAN AMENDMENTS I City of South Miami Amendment 2 - Charrette Too From: Commercial Office Uses, Commercial Retail, Public Lnstitutional, Single-Family Res., and Vacant Lands To: Mixed -Use Commercial /Res. (Four Story) Source: City of South Miami Attachment 3 Scale f �# ME_� U_ - - . (�1�'T - . .... .. .... .. pADE CC" TIY] MOB J- F�7 Ono UUCICAM r� Ijjjl1l�tllj1�I�jI�77' �I' jj'' tl�� '�f6jjIII7''tttll}!�I��'1j''(j. �� �•••( • I N - ` -- 7 ND St > 1 Flu o' ij � l Ell— T 77 (.. Ou Jnauaury 18, 1M U14 Clty Curnnilueion of Wu (;lly of',3uullt AUuanl, F7udda uJup" UUp Fuluro IiutJ Uw A1up for . Gsuuaul,nlun W U.e Florida 3)npwi,nout of CumtuualLy Aff jm Pursuant to Rule 8 J-6, FAC. .-� ..._..,... .....•rare+ - "_+' .. - fCiU�J�_�.� 77777 - D III III ®®(I �_ -- )2ND ST. Sunsnl Dr —v- - it BEENE Ail 10 Oavin HC. — -- :nz..._ •— . 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