05-01-90OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR -CITY COMMISSION MEETING
MAY 1ST, 1990
7:30 P.M.
Next Resolution: 62 -90 -9088
Next Ordinance: 7 -90 -1448
Next Coemiission Meeting: 5/15/90
A. INVOCATION
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ITEMS FOR COMMISSION CONSIDERATION':
1) City Manager's Report
2) City Attorney's Report
3) Minates- City Commission Meeting of April 17th, 1990
Special City Commission Meeting of April 24th, 1990
ORDINANCES - 2ND READING & PUBLIC HEARING:
4. An Ordinance adopting the City's Comprehensive Land Use Plan. 4/5
*This will be final deliberation and determination which is
,.,. continued from the Special 'City Commission Meeting' of April 24, 1990
at which time public hearing was held.
(Planning Board /Administration)
RESOLUTIONS FOR PUBLIC HEARING: - (°
5. A Resolution granting a waiver of plat to create two building sites 4/5
where one presently exists on property legally described as Lot 11
and 12, less the West 25 feet thereof, of Block 1, a resubdivision
of Block 5' and 6, and the north 1/2 of Block 15 of Biltimore
Heights, as recorded at Plat Book 39, Page 1, of the Public Records
of Dade County, Florida A /K /A 5757 S.W. 49TH ST, South Miami, FL.
*Public Hearing on this item was held at the Regular City Commission
Meeting of April 17, 1990, at which time the item was deferred
until until May 1st, 1990 for.further information to be presented to
the Commission:
(Planning'Soard /Administration)
RESOLUTIONS:
6. A Resolution determining that .ere is a`vested right to allow 3/5
signage in the property at 5975 Sunset Drive in accordance with the
previously approved plans; directing building permits to issue for
such development in conformance with all other applicable building
codes, Zoning ordinances, and other requirements; and providing an
effective date.
*Public Hearing and presentation by a
( City Attorney)
7. A Resolution to purchase material for the South Miami Field. 3/5
/I �__ . 56q (Administration)
8. A Resolution appointing Rubystine Anderson to the Police Pension 3/5
Board.
(Mayor McCann)
t,
4
REGULAR CITY COMMISSION MEETING
MAY 1ST, 1990
PAGE 2
RESOLUTIONS CON T.
9. A Resolution appointing as City 3/5.
Attorney.
(Mayor McCann)
10. A Resolution to purchase equipment for the Police Department. 3/5
_qC) - nn (Administration)
11. A Resolution accepting the landscaping plan of South Miami -4/5
Hospital as required by the resolution granting an amendment
to the Planned Unit Development.
J (C'ty Commission)
12. A Resolution accepting the auditors report. 3/5
(Administration)
REMARKS:
Mr. Jeffrey Adler - Illusions Florist, Inc. 6108 S. Dixie Highway
requesting an extension to a temporary sign permit,
z
e
L
You are hereby advised that if, anv person desire` to appeal any decision
'gyred CI Lh `:i i-�y or nearing, such
s
person wi i 1 e r e �:
v ,� L11dL a' vrbatim ec:�,r:d u1
made, which record includes the testimony and evidence upon which the
appeal is based.
010
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA ADOPTING THE CITY'S COMPREHENSIVE
LAND USE PLAN.
WHEREAS, the Mayor and City Commission transmitted a
Comprehensive Land Use Plan on October 17, 1989 to the State,
Department of Community Affairs to bring the Plan into compliance
with Chapter 163, Florida Statutes and the comments of the
Department and
WHEREAS, the Mayor and City Commission desire to adopt
the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH KIAMI, FLORIDA:
Section 1. The Mayor and City Commission hereby adopt
the Comprehensive Land Use Plan of the City including the language
contained in the letter dated October 24, 1959, and attached hereto
as Exhibit 111" previously transmitted to the State, Department of
Community Affairs.
Section 2. That the adopted Comprehensive Land Use Plan
shall include the designation of general retail on the property
located at 5600 Southwest 57th Avenue, South Miami, Florida, as
legally described on Exhibit 112" attached hereto.
Section 3. That this Ordinance shall become effective
immediately, and the Mayor and City Commission of the City shall
initiate all necessary changes to the official zoning map of the
City.
PASSED AND ADOPTED this day of , 1990.
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Deletions shown by ---- - - - - --
Additions shown by
Passed on first reading: October 17, 1989
Passed on second reading:
�a
sa
b
Fuse Jacobson Schwaarfz Nosh Block & Eng1W
Ow Cmdht AnsmW Center
100 Sosdhead bsl Stsaet
Ulatnt, Floride 33134
a%) 377-4=
F&T (306) s»
June 12, 1989
Ms . Sonia Lama
Director, Planning and Zoning
City of South Miami
6130 Sunset Drive
-�- South Miami, FL 33143
Re: Brandon Company Comprehensive Plan
_ -�
Amendment Application .
Dear Ms. Lama:
Attached is a Special Application to Amend the City of
South Miami Comprehensive Plan on the property currently referred
to as the Anthony Abraham Property f rom Low Intensity Of f ice to
General Retail Use This Application is being submitted pursuant
to Resolution 33 -89 -8013 adopted on April 4, 1989. In addition
to this Application which has been prepared in conformity with
the amendment procedures and guidelines which you provided to us,
I am also submitting a copy of your traditional Application for
public Rearing Before the Planning Board.
Finally, I am submitting the required.$500 filing fee
for the Amendment to the Comprehensive Plan.
If you have any questions or if you need additional
information, please feel free to contact .me at any time.
Very truly yours,
�.. Carter N. McDowell
CNMIaw
Enc.
1LT06i
Bonn ,Bank pas • Swk 1100 &rw a Vm& 0utlding • SWU 34
OW East froward Souk —d 313 SW A Call MM Strewn
jL c, Me& 33301 Toflahmm. FWI& 32301
(M? 462 - ) N1. MW
F= (305) 537 -8747 ass W1) W1,801
A
SPECIAL APPLICATION TO
AMEND THE CITY OT SOU'G'H MIAMI
COMPREHENSIVE PLAN
g. APPLICATION FORM
A. APPLICANT
The Brandon Company
Bayview Executive Plaza
3225 aviation Avenue, Suite 500
Coconut Grove, Florida 33133
305/854 -8855
B. APPLICANT S REPRESENTATIVE
Carter N. McDowell, Esq.
Fine Jacobson Schwartz Nash
Block & England
100 S.E. 2nd Street -
Miami, Florida 33131
305/577 -4023
Bye 1T Q
Carter N. McDowell, Esq. Date
C. The Brandon Company is the contact purchaser of the
property that is the subject of this application (the
-Property-). The property is owned by Anthony R. Abraham
5500 Red Road, South Miami, Florida 33143.
I PRECISE DESCRIPTION OF RE QUZS TED CHANGE
A. The Property is legally described as follows:
PARCEL WO. 1
All of Tract 1 of the revised Plat of FERNWOOD, - according
j to the Plan thereof, recorded in Plat Book 35, at Page 72
of the Public Records. of Dade County, Florida less the
South 475.657 feet of the Best 100 feet and less also the
j Esst 150 feet of the South 330 feet and less also the
South 125 feet of the West 175 feet of the East 325 feet
and less also the East 75 feet of the West 175 feet of
the South 125 feet of said Tract.
PARCEL NO. 2
East 75 feet of the West 175 feet of the South 125 feet
of revised Plat of FERNWOOD recorded in Plat Book
^, at
.- Page 72, of the Public Records of Dade County, Florida.
PARCEL NO. 3
The North 132 feet of the SE 1/4 of the NE_1 /4 of the SE
1/4 of Section 25, Township 54 'South, Range 4:0 East., less
the North 25 feet of the North 132 feet of. the SE•-41.4 of
PARCEL NO. 4 .,� 'L At s �
That part of the SE 1/4 of the NE--1/4 of the S SE 1/4 of
Section 25, Township 54 South, Range 40 East described as
follows: Begin at the SE corner of said SE 1/4 of NE 1/4
of SE 1/4, thence run lest along the South line of said
SE 1/4 of NE 1/4 of SE 1/4 for a distance of 185 feet for
a point of beginning; thence run North parallel to east
line of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of
150 feet; thence run West parallel to the South line of
Cy
S
a
said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 100
feet, thence run parallel to the east line of said Sc 1/4
of the NE 1/4 of SE 1/4 for a. distance of 150 feet to the
south line of said SE 1/4 of NE 1/4 of SE 1/4; thence run
East along said south line of SE 1/4 of NE 1/4 of SE 1/4
for a distance of 100 feet to the point of beginning,
less the South 25 feet for public road purposes.
PARCEL NO. 5
The North 180 feet of the South 330 feet of the East 150
feet of Tract No. 1 of FERNWOOD, a subdivision recorded
in Plat Book 35 at Page 72 of the Public Records of Dade
County, Florida.
S. See Attached Map.
C. Amendment of Future Land Use Map designtion of the
Property from Low Intensity Office to General Retail is
being requested pursuant to Resolution No. 33 -89 -8013
adopted by the City - -of South Miami City Commission on
April 4, 1989.
III JUSTIFICATION FOR AMENDMENT
The Proposed Future Land Use Map Designation Ainendment from
lob intensity office to general retail, is Justified on
several different bases. First, to correct an error or
oversight in the newly adopted Comprehensive Plan. The
Property has historically been designated for General
Retail Use and is currently zoned C -3, Arterial Commercial.
This Property was originally developed as a community
shopping center with the lead tenant being the Steven's
.. ".Market and other smaller retail uses. After the food
rket went out of business, the property was occupied by a
$� r . J.
_ ievelopment of w the Property aa-::l co mi,unI .e
-center will Brovide between 300 -COO new jobs,. many- of., -
viilonot ice-quire the exceptional educational qualificatiollig.
th a t are y1Sic lly associated, ,with a professional ofli,
complex. ..a- result, naAy� of the ` residents in the
ediately surrounding neighborhoods will be eligible for
jobs within the community shopping center that they would
Wt otherwise be eligible for if the property were
developed as a professional office complex.
in short, we believe that the redevelopment of a community
shopping center on this site will return the property to
its original use, will provide specific necessary services
to the surrounding neighborhoods and will allow for and
provide for the achievement of the goals of the South Miami
Comprehensive Plan in a manner that is more compatible with
the neighborhood than the current. low density office
designation for the Property,
IV. ADDITIONAL MATERIAL SUMUTTED
Flo additional material is being submitted at this time,
however, an Impact and Compatibility Analysis as required
by Rule 9J- 11.006(b) Florida Administrative Code will be
submitted after the initial public workshop before the
Planning Board. In addition, to the issues raised by the
Florida Administrative Rule, the Impact and Compatibility
- .• Analysis` will also attempt to address any issues raised
at the initial public workshop with the Planning Board.
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-
CITY OF SOUTH MIAMI
_ _r '.....r.e,.,, VrA pUBLIC HEARII.G BEFORE PLANNING BOARD (►/%.` IN Dv►LICATC)
THIS APPUSCAT /ON MUST SE COMPLETED AND RETURNED/ WITS/ ALL ACQUIR[D SUP0 TINA DATA TO THE OF?I Or ",T/tt
D//IEGTOR iEFcaE PROCEEDINGS MAY BE STARTED FOA PVBLIC NCARINO.
2pNIieO
A►►LI CAAIT
4h arandon Company
AS (OWHCR, TENANTS AGENT/ I[TC. SPECIFY$
Contact Purchaser
W CITY STAT[ ZIP ►NONE
ADOwess of ^PP�,cANT
C/o Carter N McDowell, Esq. , 100 SE 2nd St. , Mia-i, FL 33131 577 -4023
DATi OWNERSHIP Or PROPERTY OBTAINED
Owasw
Anthony R. Abraham
AOOwtsts og owI1ER
CITY S TA-M
5500 S.W. 57th Ave .. South Miami, FL 33143
1
.s ►wo►twTY 8 ►T /I COKTAACT FOR PUIRCAI.A:SET MORTGAGEE S NA11A= AND AZORES; KO I
ZIP IPNONE .
Y APPLICATION NAMES Au: OfrACIAL WIDTHS OF ABUTTING fjWIs
SIZE Or AREA COVERED >t
ADDITIONAL Cep/CAT, PROPOSED
TRVCTURES LOCATED ON PROPERTY
APPt-ICATI0N TO VIE PLAMING BOARD FOR ACTION ON THE FOLLOWING:
Comprehensive Plan
CHANGE OF Y IIIG EXCEPTION A@endmeal oTHER (splarv)
V AR I ANQE
AMEND SECT10% Or COO£
• Exhibit 'R'
• 4,0661 Dasc iAtion
All of Tract I of the revirmod Plat of Ple"wo®D, according to
the Plat thereof, recorded in Plat cook 35, at Page 72 of the
Public Records of Dade County, Florida- less the South 475.657
feet of the west 100 fast and less also the last 150 feet of
thjI South 330 - feet and less also the South 123 feet of the
West 275 feet of the East 325 foot and less also the East 75
feet of the West 17S fast of the 50uth 125 feet of said Tract.
-
st 75 feet of the west 17-'3 feet of -this South 12S feet of
revised Plat of FE WOOD recorded in Plat book 35, at page
72, of the Public Records of Dade County, Florida.
The North 232 foot of the SB 1/4 of the NE 1/4 of the SE 1/4
of section 23, Township 34 South, Range 40 East, loss the North
25 feat of the north 132 foot of the S8 1/4 of the Ni 1/4 of
-- the SE 1/4 of section 25 -Tov • hip 54 South, Range 40 East.
That part or -the St 1/4 of the HB 1/4 of the SE 1/4 of Section
25, Towtahip 54 South, Range 40 Bast described as follows:
Segin at the SE corner of said St 1/4 of NE 1/4 of Se 2/4,
thence rOn West along the South liars of said SE 2/4 of NE 1/4
of SE 1/4 for a distance of 165 feet for a point of beginn - l
- 'thence tun North parallel td east line of said SE .1/4 of _lit
1/4 of SE 2/4 for a distan6o of 150 feet; themes run West
parallel to the South lint of said 3E 1/4 of NE 1/4 of SE 1/4>
for a distance of 100 feet:, thtncd ruri parallel to the east
line of said sE 1/4 of the NZ 1/4 of $t 1/4 for a distance of
150' feet to the south I in* I of said Sr. 1/4 of 14E 1/4 of SE
1/4;-therQe run East along said south line of SE 1/4 of RZ
1/4 of SI 2/4 for a distance of 100 foot to the point of beginn-
3ng, less the South 25 feet for public road purposes.
i1AcB D0. 5 s
The f#®rtb' 130 feet of the South -330 feet of the East 150 feet
of t3 NO. 2 of FERNr,b00; a w1bdivision recorded . in Plat
00 3%_ at Page 72 -of the Public Records of Dade County,_
Florida.
_
s _
ROBERT K. SWARTHOUT. INCORPORATED
400 South Dixie IfighwaY. Sw 111
Boer Raton, Florida 38432
- (407)
(306) 40
March 17,1989
�t
Ms. Sonia Lama MAR 2 O 1
Acting Planning and Zoning and
Building Director
city of South Miami BZCD
6130 Sunset Drive
South Miami. Florida 33143
Bear Ms. Laren•
: Apursuant to your request, we have reviewed the comprehensive plan to evaluate if and tow
property designated Low Intensity Office could be developed with a proposed Marshalfa
Store. It is our understanding that such a store would be a two -story structulre
predominantly occupied by retail commercial uses on both floors. We have considered the -
followirt o ono:
B
1. The language of the plan could be interpreted to permit the proposed
development based on o review of time meeting notes and tapes pursuant to whkh
the language was enacted.
It is our belief that such an approach could lead to chaos and should be avoided.
We believe that the plan language is neither more nor less specific than the
Commission wished it to be. Questions whi,4 the _Commi _aion did not
specifxally seUle in the plan should be resolved in the development code, not by
attempts to interpret the plan based on comments made during the course of
debate.
S. The proposed project could be developed as a planned unit development.
- We believe there is no basis for such "on in the plan. We do not interpret-the
planned unit development language on page 1.39 as applicable. This language
authorizes modification in certain height and other bulk provisions of the plan;
it does not authorize modification of use provisions.
3. The proposed project could be developed by grant of a variance.
Language on page 129 permi14 variances to the pfian. 'therefore, It is
theoretically possible that thl project which prompted this review could proceed
under a variance. However, we think it probably would be inappropriate to do
.so. Court precedences set rather rigorous standards for variances, We
seriously doubt that the subject property could meet those. standards. We. have
-� -certainly seen no evidence to justify granting a variance. ThVCKY $116uld bor-7
willing to review any evidence any property owner might have to justify a
variance. However, in the case currently under consideration, we think it
Ms. Sonia Lama
City of South Miami
March 17.
would be inappropriate to offer encouragement that such an approach would be
fruitful.
4. ne proposed project could be developed ender new zoning regulations to be
prepared as part of the development code which must be enacted to iinplement the
plait.
This approach necessitates interpreting the plan as permitting such
development We do not believe the plan can be so interpreted. 'Tt►e relevant
language appears on page number 1.40 under the heading'Low•Intensity
�~
Office ('Two Story): We read this section as limiting second floor uses to office
rases; there is no way that zoning language can be used to legally circumvent
this limitation. If the proposed project could be developed with only office-
mlated retail uses on the second floor, dien it is possible that it could be approved
under the plan language permitting retail uses as conditional uses. In our
epinion, this option should be exercised only through zoning language
specifically enacted by the Commission for that purpose.
L end the Comprehem im Plor, to permil projects like the p osed project.
We think this would be the best course for the City to follow if it wishes to approve
the project We are particularly strongon this point if the project is to have other
than office related commercial use on the second floor. Approval of other than
trice- related commercial uses on the second floor would clearly be
inconsistent with the plan :ns it is currently written. FVrthermore, while we
believe that the Commission could ellsct zoning regulations which permit total
development of the first floor with conditionally approved commercial uses, we
believ6such zoning regulations wouldbe stretelting the intent of the plan to the
' Umit3 of plausibility If the Commission wishes to have a Marshall's Stars -
ink it would be better to plan esi General
Liven site, we think p d grate the site as
Retail.
dye is letter is helpful. If you have any Questions, please ca1L We will be happy to
di question further.
`tee yours.
S tkin, MCP, AIC
,�
Swarthout, MArch, AICP - -•
cc: mam Hampton, City Manager
' atu Of South Miami
INTER -- OFFICE NTMORANDUM
Sonia Lama July 21, 1989
Building 9
To: 4 Zoning Director o "T`'
room.
W y uilliam A. Macke suecT: PB -89 -014
City Planner
Applicant: The Brandon Company
Request: Special Application to amend the
City of South !Miami Compre-
hensive Plan on the property
currently known as the Anthony
Abraham Property from Low In4n-
sity Office to General Ratai2
use, pursuant to Resolution 33-
- 89 -8013, adopted April 4, 1989.
Location: 6600 Red Road
N Imo.
I3A�KGR0 ice: (Excerpted from various correspondence and minutes
on file with the Department and City Clerk)
May 29, 1946
Advisory zoning Board
ues : Application of Ted Crockett.for a change in zoning of part
of his property, at V-ie Northwest corner of Red Road and North 4th
Street, and along North 4th Street for a distance of approximately
628 feet, being legally described as FERNWOOD PB 35 -72.
Dote: From the Hay 4, 1946, Council Meeting minutes it
y be assumed that the property was probably R -1.
es�onse: It is the recommendation of the Board that the South 150
feet of the East 165 feet be changed to. a C -2 zoning, with the
understanding that the East 15 feet thereof be dedicated for
additional Right -of -way on Red Road, and that the remaining part
of the South 150 feet be changed to a C -1 zoning, the entire change
-to be contingent on cp nplete removal of all business uses from the
' remainder of the property, legally described as FERKWOOD FN 35-
72 .
y-1946 -
city council .
Council accepts the recommendation of the Advisory Zoning Board.
a
0
PB -89 -014
Page !2
April 27, 1948
Advisory Zoning and Planning Board
t: Application of T. R. Crockett requesting change of toning
on his property described by his as the Heim tract and properly
described as F D PB 35 -72, from R -1, C -1 and C -2 use to C -3
and A (apartments) use was taken under consideration.
The Advisory Zoning and Planning feels that the
requested changes should not be made as the property to the north
is zoned R -1 and a C -3 zone across from the nw, proposed church
would probably adversely aff the church property. The applicant
requested the rezoning of certain of his property in 3.946 and such
requested change was granted. Furthers the applicant dogs not
appear to hold title to a portion of the property which is covered
in the application. It is recce ended that the requested change
be denied. _
y 48 1948
City council
Council accepts the Board's recd endation (to deny the change).
June 2, 1948
Planning Board
RgjV&Mj: Application by Xr. T. R. Crockett to rezone iron the
present C-1 on N. 4th Street, and balance R -1, to C -1 on N. Red
Road, C-Z ®n N. 4th Street and the balance A (apartments) use.
.gam: a Board recommends that the zoning on the property
described as the South 150 feet, less the East 150 feet of FERNwVW
which is situated on the north side of North 4th Street be changed
fro*.. C -1 to C -2 and that no change be aade at the present in the
. zoning of the balance of the property described. The Board will
consider the zoning on the balance of the propeqy as a part of its
oveiall co unity planning
J x.15, X94-'" - ' •° : � . ,t e�4
City council -
Council accepts the ard'.s . reco endation to coo to C -2 on North
• St.. sM defer ,action on the balance bf the trockett pro y.
ti
PB- 89-414
Page 14
July 3, 1952
Advisory Zoning and Planning Board
: Application by Florida Pow i Light and Xangocado Groves,
Inc. to rezone West 100 feet lass the North 25 feet Tract 1,
p, -PB 35 -72 from the present R -1 (single - family) and Ito;
C-2 (liberal business), respectively 131, use to permit erection
of &n outdoor type electrical transfwmer sub- station thereon.
Rj *9gnse•. The Board recousends approval of this project and
1 tion, provided they provide planting of such type and density
to screen the property, said hedge to be at least the height of the
remee, to be approved by the Chairman in charge of Parks.
July i5r 1952
City council
Comcil approves the project upon the recommendation,of the Board.
Karch 4, 1955
Advisory Zoning i Planning Board
Re
Application of Charles Gottlieb for re- zoning parts of
Fernwood PB 35 -72 and the North 132 feet of SE 1/4 of NE 1/4 of S
1/4, 25 -54 -44 to permit erection and operation of a Stevens
Supermarket .
es : The Board recommended the request to be denied as this.
would be spot zoning and would be extending commercial property.
ch 228 1955
City Council
ordinance 322
The Conch approves the change in zoning to C -1, thus allowing a
Leven Super-market.
ID
june 8g 1971
Zoning Winance
s' The propetty. is designated as C -3 on the Zoning Nap thdn adoptrad.
cte; varlous other public hearings concerning signage and licensets
for then properties are on file with the Department.
AIL
;Q
PB -89 -414
Page IS
January 18, 1989
ordinance 3 -89 -1418;
City Commission adopted the City of South Miami Comprehensive
Plan pursuant to Part II, Chapter 163, Plorida Statutes.
April 4, 1989
City commission
Resolution 33- 89 -8 013:
City Commission initiates an asendnent to the city of South
Miami Comprehensive Plan to change the land use designation
from Low Intensity Office to General Retail on this property.
_
These. properties (FERKWOOD PB 35 -72) do have a history of
frequent zoning redesignation and vill again be rezoned as required
by the City of South Miami Comprehensive Plan,, as adopted January
18, 1989. This Plan designates the properties for Loy Intensity
office use which would no longer permit a zoning designation that
is primarily retail in nature (e.g., the present designation C -3).
The new City of South Miami Land Development Code due to be adopted
on September 12, 1989, will develop toning designations consistent
_
with the adopted Comprehensive Plan.
'S
The .proposed Red -Dixie Center comprises the major area of
FERNWOOD PB 35 -72. This City initiated action would change the
land use designation of the properties to General Retail, in order
to permit a more permissive zoning designation, therefore, allowing
is proposed retail center.
RFC I?1►=
M ..1he staff recommends that the Board carefully consider and
evaluate the proposal, in order to best recommend to the Commission
the land'-use most appropriate for this area, so that the Board may
advise the tatty Commission to designate the most appropriate land s
use fbr the a properties which would tten allow for a consistent
zoning designation anc. resolution of the historical zoning changes.
.14
- - - -T _
-1
STATE OF FLORIDA
DEPARTMENT Of COMMUNITY AFFAIRS
Z74® CEN1ERV1EW DRIVE TAttAMASSEE. flOIt tOA 323'!
!!arch 6, 1990 t�.,tiaiorw►se.FftHW
sm A UTINEZ ! ! - ` l ►o Secseavf
Co►er*os �r + -3 ���
V!. y-:
i
7
1IA , 8 .1
The honorable William J . Porter
Playor of South Miami SZCO
6130 Sunset Drive
- South Miami, Florida 33143
•
Dear mayor Porter:
. The Department has completed its review of the proposed
comprehensive plan amendment for the City of South Miami, which
was submitted on November 27, 1989. Copies of the proposed
amendment have been distributed to appropriate state, regional
and local agencies for their review and their comments are
enclosed.
I am enclosing the Department's Objections, Recommendations
-- and Comments Report, issued pursuant to Rule 93- 11.010, Florida
Administrative Code. Upon receipt of this report, the City of-
sauth Miami has 60 days in which to adopt the proposed amendment,
adopt the amendment with changes, or reject the amendment The
process for adoption of local comprehensive plan amendment is
outlined in 5.163.3184, Florida Statutes, and Rule 9J °11.011,
Florida Administrative Code.
within five working days of the date of 'adoption, the City
of South Miami must submit the following to the Department:
Five copies of the adopted comprehensive plan amendment;
A cop's' of a'dditionai change not gpreviously -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.
EMERGENCY VANAGEMENT ® HOUSING AND CO UNITY DEMOPMENT a WOURCE KANNING AND MANACEWNT
jq
The Honorable William J. Porter
march 6 1990
Page Two
The above amendment and documentation are required for the
Department to conduct the compliance review, make a compliance
determination and issue the appropriate notice of intent.
As a deviation from the requirement above, you are requested
- •,� to provide one of the five copies of the adopted amendment directly
to the Executive Director of the South Florida Regional Planning
Council. The regional planning councils have been asked to
review adopted amendments to determine local comprehensive plan
compliance with the Comprehensive Regional Policy Plan. Please
forward these documents to the regional planning council
poncurrent with your transmittal to the- Department. Your
cooperafiron in this'matter is appreciated.
., .if you would like the Department to participate in the
public hearing for amendment adoption, such request should be
received by the Department, certifiers mail, at leash 14 days
prior to the scheduler) hearing date.
If you have any questions, please contact Bob Nave, Bureau
Chief at (904) 487 -4545.
_ Very r y 5
Paul R. Bradshaw, Director
Division -of Resource Planning
and management
PRB /bcly
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Sonia Lama, Director, Planning and Zoning
- Jr. Jack Osterholt -, Executive Director, South Florida
.Regional Planning Council
A
e
INTRODUCTIOit
City of South Miami
The following objections, recommendations and comments are
based upon the Department's review of the City of South Mimi
proposed amendment to their comprehensive plan pursuant to
9.163.3184, F.S.
Objections relate to specific requirements of relevant
portions of Chapter 9J -5 F.A.C., and Chapter 263, 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
state review agencies. If there is a difference between the
Department's objection and the state agency advisory objection
or comment. the Department's objection would take precedence.
Each of these objections must be addressed by the local
government and corrected when the `amendment is resubmitted for
bur compliance review. Objections which 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 considers not
applicable to its amendment. If that is the case, a statement
justifying its non - applicability pursuant to Rule 9J- 5.002(4),
F.A.C., must be submitted. The Department will make a
"e determination on the non- applicability of the requirement and if
the justification Ys sufficient, the objection will be considered
addressed-
The comments which 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 our reviewers. The comments can be
substantive, concerning planning principles, methodology or
logic, as well asj editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
Agpended to the back of the Department's report' are the
comment letters from the other state review agencies and other
_agenciess 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-
ip
Al
1
•
0
SUMMARY OF AMENDMENTS
The text amendments are based on the remedial actions in the
Stipulated Settlement Agreement (DOAH 89 -1347 GN) signed by the
Department on December 5, 1989. These ,changes relate to the
establishment of levels of service on U.S. l and Bird Road, both
state roads.
A Future Land Use Rap amendment is also proposed.
E - 2�DME2�I'S
The City has revised its data and analysis section of the
Traffic Circulation Element to establish a peak "period" level of
service ;standard for US 2 of 115 percent of the peak "period"
traffic count in 1989. This standard will remain in effect until
December 31, 1995. After this date the peak "period* level of
-:_ service, ndard will be 150 percent. of D for ti. S. 1. For Bird
Road, the peak hour level of service standard shall be 120 _
percent of E capacity. Justification for these levels of service
were also included in the data and analysis.
• These same level of service standards and justifications are
included in Policy 1.2.1 (page 2.14 of the Traffic Circulation
Element) and in Policy 1.2.7 (page 8.9 of the Capital
improvements Element)
Table 2 -9, Traffic Circulation Plan Year 2000 (page 2:13 of
the Traffic Circulation Element), is revised to note that the
level of service standards referenced in the Table "not
withstanding, development in the City shal.1 be governed by the
terms and conditions agreed to by the City of South Miamf anti the' -�!
Florida Department of Community Affairs ".
P.
,Applicant: Amendment submitted pursuant
to resolution 33 -89 -8013,
City of South Miami (Red-
Dixie Center)
Designation on the Existing Commercial. -.
- Land Use Map
Designation on the Future Low. Intensity Office (2
Land Use Map stories
Proposed Revision -to the General Retail (2 stories)
Future Land Use Map (for use a use as a community
shopping center).
2
z
size 7.2 acres. ,
Surrounding Land Uses North: Multi - family (10 -20
(Existing) DU /acre) and single family
(3 -9 DU /acre)
South: Commercial
East: (Coral Gables):
Public /Institutional
West: Single family and
Public /Institutional
Surrounding Land Use North: Low density multiple
(Future) (2 stories) and single family
(2 stories), is DU /net acre
and approximately 4 /acre
(10,000 sq. ft lot),--
: -� respectively.
South: Auto Services /office
-- Special Redevelopment (2
stories) which allows
heavy automobile services and
repair, redevelopment of
existing offices with special
use approval.
East (Coral Gable)
�y Religious /Instructional Use
(places of 'Vohip and
related accessory uses,
naximun F.A.R. 2.0),_
university use (maximum F *'A.R
of 0.5 for entire campus).
Nest: Single family (2
stories) and Public and Semi-
Public (4 stories), the
latter includes schools,
• municipal facilities,
ur
ches.
h
utili ti d c
3
o
i
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
CITY OF SOUTH MIAMI
comprehensive Plan Amendments
Ftt�r[JRE � BNt� IiSE E
A. OBJECTIONS
PAU
None
Ana
3. 9J 5 006 (21 (a� and 93-5.006131 (c) 3.
The analysis of the availability of public facilities
at.thg adopted level of service standards, ta:sV.ve the
plan amendment is incomplete. The City's adopted t el
of service standards for solid waste, potable water_ -and
- sanitary sewer were not used in the analysis. in
addition, traffic impacts on U.S. 1 were not considered
nor were impacts on Red Road north of SW 66th. Street,
where Red Road is a two lane facility currently operating
at level of service F (see attached comments from the
Florida Department of Transportation).
The analysis is also incomplete because the impacts on
public facilities is limited: to a 135,000 square foot
shopping center rather than the maximum or most intense
development that would be allowed on the site if the
land use map change is approved and the site developed.
Re- co rr, e in, daction
Revise the analysis of i cts on public facilities to
be based on the levels of service adopted: by the City,
include impacts on U.S. 1 and Red Road (north of SW
66th Street), and evaluate these impacts based on the
maximum or most intense use that can be permitted on
the site for the proposed land use. Since the City's
adopted levele of service standards are for residential
uses, the impact analysis could ease residential.
equivalents to assess commercial impacts:`
2.
_ A The City did not include an analysis of the need
for the proposed land use change as it relates to
the amount of land needed to accommodate the projected
41
as
population, including the category of the proposed land
r use, density and intensity of use, the estimated gross
acreage by category and the description of the
methodology used.
.Recommendation°
include an analysis of the proposed land use as it
relates to the amount of land needed to accommodate
the projected population, including the density or
intensity of use and how this land use category meets
the estimated gross acreage needed by this category.
3 ® nd 9J-5.00601(b14.
Information submitted with the map amendment states
that Red Road (S.W. 57th Avenue) "has been designated
as a facility of historical significance« (see page 7,
Red -Dixie Center, Responses-to 9J-11.006(l) (b)). It is
further stated that "only safety /operational improve-
ments to Red Road are proposed. ". Since these
improvements are bot specified, it cannot be determined
if these improvements will be consistent with Objective
1.3 (page 1.6, Future Land Use Element) to "[p, reserve
historic resources by experiencing no demolition or
reconfiguration of the specified resources."
Recommendation
Include additional information regarding the safety/
operational improvements- needed="lon Red Road 4,nd explain
their consistency with.Objective 1c3.
- F'ut® nd Us+e I�am
4 . J -5.006 { 41
She proposed .future Land Use Map amendment ' is not
supported by data and analysis of the availability of
facilities and services as cited in the objections for
gJ- 5.006(2) (a) , 9J- 5.006(2) (c), 9J-5.007(2)(b),, 9J -5.011
(1) (f)1., 9J- 5.016(;) (a) and (2)(b).
Recommendation
Include the data and analysis to support the Future
nd use Map amendment-'as described in the above listed
- objections and recommendations. Revise the amendment
to be based on the revised data and analysis, as
appropriate.
R. O0 TS
5
0'07
I
a
None
TRAFFIC CIRCULATION ELEMENT
A. o&TECTIONS
paU
None
na I Is-Ls
1. 9J- 5.007(2)Aai
The proposed text change (page 2.11, Traffic
Circulation Element) states that "{u,ntil December 31,
1995, the peak Rgr_i_o& level of service standard for US
1 shall be 115 percent of the peak RgxjA traffic count
in 1989" (emphasis added). These references to peak
® period are modifications.to the- stipulated.,settlement
agreement -which specifies peak ou .
Recommendation
Revise the text to replace "peak period" with "peak
hour."
2. 9J- 5.Q07f21 lb�
a) The proposed text change (page 2.11, Traffic
Circulation Element) states that "(after December
31, 1995, the peak r'od level of service
standard shall be 150 percent of D capacity for US
in (emphasis added) This reference to peak period
is a modification to the stipulated settlement
agreement which specifies peak bour.
Recommendation
Revise the text to replace "peak period" with "peak. -
hour . "
• b) The impact analysis of the proposed land use
amendment on traffic circulation levels of service
does not include impacts on US 1 or Red Road, north
of SW 66th Street. The submitted analysis has not
demonstrated that the land use amendment, if
developed at the maximum intensity permitted, would
be consistent with the level of service standard
established for US 1. This level of service
6
-. -
- — iT - --
7
a..—
- ----------
impacts.
include an analysis of the most intense development
allowed for the land use and include information
regarding the adequacy of potable water pressure to
serve the land use at the adopted level of service
standard of 20 psi.
Foal es
3���v �nd��
2.
Adopted level of service standards for potable water,
sanitary sewer and solid waste were not utilized in the
impact assessment of the proposed map amendment.
Recommendation
Revise the impact analysis on public facilities to - be
based on the City's adopted level of service standards
for potable water, sanitary sewer and solid waste.
B. COMMENTS
None
ITS ELEMENT
A. OBJECTIONS
Data and Analysis
1. 2J-5.016(l)(al and-93-5.016(2)(b)
Because the data and analysis has not addressed impacts
based on the adopted level of service standards, public
facility needs to support the proposed amendment cannot
be evaluated. •
Recommendation
M
Include the data and analysis, as described in the
objections cited for 9J- 5.006(2)(c), 9J- 5.007(2)(b) and
0,41-5. Oil (1) (f) i..-. Based on this data and analysis
--identify public facility needs to support the map
amendment® indicating general fiscal implications and
relative pfiorAy of needs, and revise the schedule of
improvements, . if necessary.
9
t
2 .
An assessment of the City•s ability to finance capital
improvements required based on the most intense
development allowed for the proposed land use is not
included.
Recommendation
Include an assessment of the City's ability to finance
capital improvements based on the most intense
development allowed for the proposed land use.
�mals. t3biectives and Policies
3.' '9J- 5.016(31 {cZd.
The proposed revisions to Policy 1.2.7 (page 8.91
Capital Improvements Element) concerning levels of
service on US 1 refers to peak "period" standards
rather than peak Ohour". This modification to the
stipulated settlement agreement does not meet the
requirement to establish peak hour level of service
standards for roadways.
Recommendation
Revise the three references in sub- paragraphs 1 and 2
in Policy 1.2 .7 to replace "peak period" with "peak
hour."
B. CO )MENTS
1,. The level of service standard established for sunset
Drive has been established as OF" on this state road
and should be changed to "E." This change on page 2. 11,
in Table 2 -9 on page 2.29, in Policy 1.1.1 on page 2.14
of the Traffic Circulation Element and in Policy 1.2.7
on page 8.9 of the Capital Improvement Element.
�ctiuSTBTEiiCY WITH �°i�E S°TATE CO PR£iiENSIYE
A. OBJECTIONS
I. 22=5 Ala
The proposed map amendment is inconsistent with the _
°- following policy of the State Comprehensive Flan
(s.187.201, F.S.)
Policy (16)(b)1., to encourage efficient development in
10
t
y
t
r
areas which will have the capacity to service new
population and commerce.
Recommgnda ion
Revise the data and analysis to include the impacts
• - of the future land use map amendment on public
facilities and services. Revise the amendment based on
the results of the data and analysis` as appropriate.
CONKEM
Hone
NSIS C'Y iilT'H E GI!?�tAL P(DLICY PLAi+t
A. OBJECTIONS _
1. The proposed land use map amendment is inconsistent -*
- _ with the following goal and policy of the Regional Plan
for South Florida: _
Goal 59.1 and Policy 59.1.5, maximizing the use of
existing infrastructure and increase densities on land
uses in areas where excess capacity for public_
infrastructure exists.
RecoZrrnehdat ion
Revise the data and analysis to include the impacts of
the future land use map amendment on public facilities
and services. Revise the amendment based on the _
results of the data and analysis, as appropriate.
I
it
f
RESPONSE TO DEPARTMENT OF CO ITT "FAIRS
OBJECTIONS, RECD NDATIONS AND COMMNTS
CITy OF SOUTH MAKI
Comprehensive plan Amendments
FUTURF, LAND USE ELEMENT
OBJECTIONS
D.ata
None
sl sis
and 9J- 5.006(3)tc)3.
The analysis of the a.7ailability of public facilities
- at the adopted level of service standards, to serve the
plan amendment is incomplete. The City's adopted level
of service standards for solid waste, potable water and
sanitary newer were not used in the analysis. In
addition, traffic impacts on U.S. l were not considered
nor were impacts on Red Road north of S.W. 66th Street,
where Red Road is a two lane facility currently
operating at level of service P (see attached comments
from the Florida Department of Transportation).
The analysis is also incomplete because the impacts on
public facilities is limited to a 135,000 square foot
shoppsing center rather than the maximum or most intense
development that would be allowed on the site if the
land use map change is approved and the site developed.
Responses
a) The City's adopted level of service standards for
traffic, solid waste, potable water and sanitary
sewers have. now been spezifically utilized in the
analysis presented below.
b) An analysis of the traffic impacts on U.S. 1 and
Red Road North of S.W. 66th Street are presented
below.
c) The •maximum or most intense development'
permitted under the Land Development Regulations
adopted on October 261 1989 is approximately
250,000 i4gaarb feet. The revised analysis
presented below is based on this "maximum
permitted intensity', however, the actual
development proposed by the Brandon Company is
n
2.
approximately 125,000 square feet, therefore,
there is a 100 percent safety factor built into
the analyses presented.
9J- 5.006(21(c
- ._.e—m - -- I -- ....wwba tai 1-ne acioptea plan,
the population of the City of South Miami is projected
to decline. over the next ten to fifteen years,
. there ore, there will be a decreasing need for
residential rand in the future.
&AI
with regard to the possible need to -justify* the
proposed change from Office Use to Commercial use, it
should be noted that the Property is already used for
commercial purposes. The proposed future land use map
amendment does not represent a change in the actual use
of the Property. Moreover, the City of South Miami and
in particular the Property, is part of the urban core
of Dade County. The Property is accross the street
from the City of Coral Gables and the University of
Miami. Two blocks north and eight blocks south of the
Property is unincorporated Dada County. The South
Miami Metroraii Station is within 1000 feet of the
Property. hence, it is not possible or reasonable to
undertake a study to 'Justifyo the need for the
proposed amendment on such a small tract of land,
particularly as.-it relates solely to South Miami.
Moreover, the choice of which non - residential land use
designation is the proper one for this 7.2 acre tract
of land properly fails within the legislative
discretion of the City of South Miami City Commission.
3.
9J-5.006 2 a} and gi- 5.006f3111%1 4.
Information submitted with the slap amendment states
that Red Road (S.W. 57th Avenue) °has been designated
as a facility of historical significance* (see page 7,
Red -Dixie Center, Responses to 9J- 11.006(1)(b)). It is
further stated that only safetyloperational
improvements to Red Road are proposed. . . a. Since
these improvements are not specified, it cannot be
determined if these improvements will be consistent
with objection 1.3 (page 1.6, Future Land Use Element )
to '[p]reserve historic resources by experiencing no
demolition or reconfiguration of the specified
resources.`
Response:
The proposed improvements to Red Road (S.W. 57th
Avenue) ire shown on Exhibit A attached to this
response. The proposed improvements have been reviewed
and conceptually ap proved by the FDOTT (see Exhibit R).
All o proposed f the improvements can be accomplished
P
within the limits of the existing pavement base,
therefore, the proposed improvements do not involve the
widening of Red Road and are consistent with Objective
1.3 of the Future Land Use Element.
-3
Future Land Qse Map
4. 9J- 5.006(4
The proposed Future Land Use Map amendment is not
supported by data and analysis of the availability of
facilities and services as cited in the objections for
9J- 5.006(2)(a), 9J- 5.006(2)(c), 9J- 5.006(2)(b),
J- 5.011(1)(f)l., 9J- 5.016(1)(a) and (2)(b).
Response:
Section 9J- 5.006(4) requires the proposed distribution,
extent and location of numerous land use types and
natural resources to be shown on the Future Land Use
Map. The City complied with these requirements in the
initial adoption of its comprehensive plan. The
proposed map amendment changes only the Low Intensity
Of f ice land use designation of the Property to General
Retail. None of the other land use or natural
resources referred to in Section 9J- 5.006(4) are_
affected by or applicable to the proposed amendment.
COKMNTS
None
TRAFFIC CIRCULATION ELEMENT
A. OBJECTIONS
Data
None
Ana- lysis
i. 9J- 5.007M(aI
The proposed text. change (page 2.11, Traffic
Circulation *element) states that '(uantil December 31,
1915, the peak RtEiod level of service standard for
U.S. 1 shall be 115 percent of the peak ep riod traffic
count in 19890 (emphasis added). These references to
peak period are modifications to the stipulated
sett�Fment agreeiDent which specifies peak hour.
Response:
The text has been changed to peak hour instead of peak
period in accordance with the Stipulated Settlement
Agreement. a•
<4-
s
2. 9j-5.0qjLD1j(bj
a) The proposed text change (page 2.11, Traffic
Circulation Element) states that •(a'fter December
31, 1995, the peak ieriod level of service
standard shall be 150 percent of D capacity for
U.S. 1' (emphasis added) . This reference to peak
period is a modification to the stipulated
settlement agreement which specifies peak hour.
Res22nse:
The text has been changed to peak hour instead of peak
period in accordance with the Stipulated Settlement
Agreement.
b) The impact analysis of the proposed land use
amendment on traffic circulation levels of service
does not include impacts on U.S. 1 or Red Road,
north of S.N. 66th Street. The submitted analysis
has not demonstrated that the land use amendment,
if developed at the maximum intensity permitted,
would he consistent with the Level of service
stan4A d established for U.S. 1. This level of
- service standard was partially justified based on
the City's claim that it 'substantially reduced
the amount of development that was permitted under
the plan effective prior to 1989. . .• (included
as part of the proposed text amendments). The
analysis does not indicate that the proposed land
use change is consistent with the justification.
_. Res nse:
1) The peak hour level of service established for
U.S. 1 until December 31, 1995 'is 115 percent of
the peak hour traffic count in 1989. As described
in more detail in Exhibit Cl the peak hour traffic
count on U.S. 1 in 1989 was 6,435. The maximum-
permitted intensity of development under the
General Retail Land Use would generate
approximately 77 new peak hour trips on U.S. I
(see Exhibit C). This represents only 1.20
percent of the 1989 peak hour traffic count,
-- therefore,. the established level of, service . n s
U.S. 1 can easily be maintaine4- -if -the �amenZme4t
to General Retail is approved. Indeed, as
compared to the present land use designation of
Low intensity Office, -_the proposed General Retail
designation will generate fewer peak hour trips.
Rat
-5�
r — -- — - - -- - .
wi moll- of —Lvil lXC1s save ••'
`U- ,K =� arnmnament will be compatible with Policv 1.1.2
�l
w
b
Response:
The proposed roadway improvements and site plan are
shown on Exhibit A. The proposed roadway improvements
and site plan are consistent with policies 1.1.2 and
1.1.3 in several gays. One of the two existing
driveways on S.W. 57th Avenue will be eliminated and a
fully functional intersection will be created at the
project entrance /LeVante. Associated with this
improvement will be the elimination of the existing
primary project driveway on S.W. 66th Street. Only
minor secondary project access will be provided on S.W.
66th Street thereby substantially reducing project
traffic on S.W. 66th ,Street. The primary access to the
project will be from Red Road which is a senor arterial
roadway.
In addition, the proposed improvements will eliminate
westbound left turns from Red Road onto S.W. 66th
Street thereby eliminating a substantial number of
existing vehicles seeking a 'short cut* through the
residential neighborhood located west and north of the
F►roperty
in short, the proposed improvements will both enhance
traf f is flow on Red Road and implement the Neighborhood
Traffic Management Program eliminating several existing
sources of •short cut' trips through the adjoining
neighborhood
B. CD
1. The level of service standard established for Sunset
- Drive has been established as 'F' on the state road and
should be changed to 'E'. This change should be made
on page 2.11, in Table 2 -9 on page_ 2.13, in Policy
1.1.1 on page 2.14 of the Traffic Circulation Element
and Policy 1.2.7 on page 8.9 of the Capital
improvements Element to ensure compatibility with the
standards established by the Florida Department of
Transportation.
Response
The Department has already reviewed the level of
services established for Sunset Drive in its initial
compliance --review of the Comprehensive Plan and found
it to be in compliance.
-7-
r ® ,
F7_.
g SAH1TARY SEWER SOLID WASTZI DRAIRAGE POTABLE WATER AND NATURAL
GROUNDWATER AQUIFER RECHARGE ELEMENT
A. OBJECTIONS
Data Analysis
1. 9J- 5.011(1)if)1.
The facility capacity analysis regarding the impact of
the prposed land use map amendment on potable water,
solid waste and sanitary sewer is not based on the
City's adopted level of service standards. In
addition, the impact that is included does not address
the impact for the most intense development allowed for
the land use.
Also, information. on page 4.5, indicates some
unspecified sections of the City experience low water
pressure due to small= diameter distribution lines. It
... is unknown if the proposed land use map amendment is in
one of these areas
ass, 0b jectives and Policies
i. 93- 5.01'1 {2�(c)2.
Adopted level of service standards for potable water,
sanitary sewer and solid waste were not utilized in the
impact assessment of the proposed map amendment.
Response:
a.
The City of South Miami adopted Level of Service (Los)
standards for water, sewer and solid waste are as
follows
Potable Water 150 gallons per person per day
• Sanitary Sewer, 100 gallons per person per day
Solid waste 7.6 pounds per person per day
These Level of Service standards are for residential
uses. Therefore, a residential to commercial
converstion factor must be applied in order to evaluate
the proposed General Retail Amendment. The actual
service provider for both water and sewer is, tote Miami
Dade Water and *Sewer Authority ..Departb,&ht. (VASAD) .
NASA has established a water use standard for
commercial projects of 5 gallons per day per 100 square
feet of commercial use. Therefore, if the Property
were developed to its theoretical maximum of 250,000
•
s
�:
m9- "•
�.�
...
.,�
m9- "•
.�
-._
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...
_°
.�
-._
tons in the year 1999. hence, the LOS standards for
solid waste can also easily he maintained.
y
IFFM
y..
Goals, Obiectives and policies
3, 91- 5 .016i3i c 4.
The proposed revisions to Policy 1.2.7 (page 8.9,
Capital Improvements Element) concerning levels of
service on U.S. 1 refers to peak 'period- standards
rather than peak 'hour'. This modification to the
Stipulated- Settlement Agreement does not meet the
- requirement to estiblish peak hour level of service
standards for roadways.
Rea nse.
The text has been changed to park hour instead of peak
period in accordance with the Stipulated Settlement
Agreement. -
B _
C014MENTS
1g The - level of service standard established for Sunset
Drive has been established as 'F' on this state road
and should be changed to '•. This change on page
2.11, in Table_2 -2 -<pn page 2.13, in Policy 1.1.1 on
page 2.14 -of the I'raific Circulation Element and in
Policy 1.2.7 on page 8.9 of the Capital. Improvement
Element.
2. The Department has already reviewed the level of
service established for Sunset Drive in its initial
compliance review of the Comprehensive plan and found
it to be in compliance.
CONSISTENCY I E STATE COMPREHENSIVE PLAN
A
OBJECTIONS
1 . 94l -S . C21
The proposed snap amendment is inconsistent with the
- fol3owin9 policy of the State Comprehensive Plan
(s.187.241, F.S -):
Policy (16)(b)1 -, to encourage efficient development in
areas which will have the capacity to service new
population .and commerce.
Response : -
As shown above, there is already adequate
infrastructure capacity to serve the Property. In
addition, the City and the 'Property are within the
-11-
i
y
urban inf ill area of Dade County. Hence, the proposed
amendment is completely consistent with the state plan.
�.
COMM
Bone
C011SISTENCY WITH THE REGIOM POLICY PLAX
�.
OWECTIONS
1. 9J -5.021
The proposed land use nap amendment is inconsistent
�-= with the following goal and policy of the Regional Plan
for South Floridan
Goal 59.1 and Policy 59.1.5, maximizing the use of
existing infrastructure and increase densities on land
uses in areas where excess capacity for public
infrastructure exists.
Responses
As shown above, there is existing . adequate
infrastructure capacity available to serve the
Property. Hence, the proposed amendment is fully
consistent with the Regional Plan.
176RL0490E
4
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32 6
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EXHOT
Page floe
_
.. � ._ � � � ♦ �� tin �' •
t J.q .da �.ir: r�' �.ga?4rt `j �•s� fi� • u!:+i��� `v JST�s" i ��� i I •:s a • J : •. '1 �` r «;. tf -.°
• y'°°" ' t e resent time gave` available water • &M oer
systen capac ty . for the referenced project. f war,
availability of water and sewer service for subject property is
conditional upon the approval of vazious regulatory agencies and
cOntinving unconditional c sot can be made at this tift,
Consequently# tiers letter is for informational puqoses only ard
is not intended as a connitwnt for service. All conditicms
noted herein are effective only for sixty `i®) days fras the d,%te
of this letter. When developmnt plans lor subject Property ima
finalixed# and upon the eras rexpest,, we will be pleased to
prepare an agre rat for water and r ervfoes,,provided e
Department is able to offer se services at ' teens • of the
owner's zovesto The agreamea will detail requir nts for
.o f.site and on -site faci itie t Points of connection# connection
charges, capacity reser'Vation and all other toxna and condittcna
necessary for service in accordance with the Department's Rulat
d Regulations..'. ®`
• .. e
if we can of : further : assistance -in a utter; =_ple
contact - �-_ _
:� •:`:• : Very truly you ,
_. ' •:
Tomis R,
Mi lities velopment
New business Nanager
TAG/ch - - --
cc a
Dulce Rodrigues •:_
Rick Barre-r&. •'. ,
; -
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AV AF
AF AF
ILI
AMENDMENT TO COMPREHENSIVE PLAN April 9, 1990
ANTHONY AB /BRANDON COMPANY
TOTAL LAND AREA 7.2 ACRES 313,632 sq ft
I. ` EXISTING DEVELOPMENT - LO ZONING DISTRICT
Existing F.A.R. 0.19
Existing Building Area (square feet). 60j960
Existing Number of Parking Spaces 372
Existing Building Height (stories) I
II. MAXIMUM POTENTIAL DEVELOPMENT LO ZONING DISTRICT
Maximum F.A.R. 0.70
Maximum Buildable Area (sq ft) 219,543
Required Number of Parking Spaces (Office) 879
Maximum Allowable Building Height (stories) 2
III. PROPOSED DEVELOPMENT BY APPLICANT GR ZONING DISTRICT
Proposed F A. R. 0.43
Proposed Building Area (square feet) 135,000
Required Number of Parking Spaces (Retail) 450
Proposed Building Height (stories) 2
IV. KUIMUM .POTENTIAL DEVELOPMENT - GR ZONING DISTRICT
Maximum F. A. R. 0.80
Maximum Buildable Area (sq ft) 250,906
Required Number of Parking Spaces (Retail) 837
Maximum Allowable Building Height (stories) 2
t
s
,
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING
A WAIVER OF PLAT TO CREATE TWO BUILDING SITES
WHERE ONE PRESENTLY EXISTS ON PROPERTY LEGALLY
DESCRIBED AS LOT 11 AND 12, LESS THE WEST 25 FEET
THEREOF, OF BLOCK 1, A RESUBDIVISION OF BLOCK S
AND 6, AND THE NORTH 1/2 OF BLOCK 15 OF
BILTMORE HEIGHTS, AS RECORDED AT PLAT 'BOOK
39, PAGE 1, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA' A /K /A 5757 SOUTHWEST 49TH
STREET, SOUTH ;:MIAMI, FLORIDA.
AGENDA ITEM PB -90 -004
WHEREAS, the applicant has requested a waiver of plat
to create two building sites, where one presently exists and the
staff recommendation is for approval; and
WHEREAS, at a public hearing on March 13, 1990, the
Planning Board voted 4 -1 to grant the request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That "a waiver of plat to create two
building sites where one presently exists on property legally
described as:
Lot 11 and 12, less the West 25 feet
thereof, of Block 1, a resubdivision
of Block 5 and 6,` and the North 1/2
of Block 15 of Biltmore Heights, as
recorded at Plat Book 39, Page 1,
of the public records of Dade County,`
Florida, a /k /a 5757 Southwest 49th
Street -, South Miami, Florida.
is hereby granted.
PASSED AND ADOPTED this day of , 1990.
APPROVED:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E
7 - .
D
NOTICE OF PUBLIC HEARING
On Tuesday, March 13, 1990, at 7:30 P.M. in the City Commission
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
PR -90 -004
Applicant: John C. DeWitt, Jr.
Request: Approval of the subdivision of the subject property,
waiving the regular platting procedure to create two
building sites where one presently exists.
Legal: All of Lot 11 ' and Lot 12, less the West 25 feet,
Block 1, a resubdivision of Blocks 5, 6 and North
1/2 of 15 of BILTMORE HEIGHTS, according to the plat
thereof as recorded in Plat Book 39, Page 1 of the
Public Records of Dade County, Florida.
Location: 5757 S.W. 49 Street
YOU ARE HERESY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO+
CEED /NGS IS MADES WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 2616 0106)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR .EXPRESSIONS OF .APPROVAL MAY BE MADE
It2 ��,'t5 ^ =• A." Ts. - 8.)§�a1 rr.•as3r'1 4N v�o { -t�,G ,�rtC� �n r5 -.. -_- -
..
CQNSIC)ERS IN HE SES" II TERZST
THK AREA INVOLVED. THE BOARDIS RECOMMENDATION
AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
ZONING DIRECTOR BY CALLING 667 ®5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
PLANNING BOARD
Ps8100_7 Ba REV. 12 -0-61 THIS IS A COURTESY NOTICE
i
CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (VII-9 IN DUPLICATE)
a
THIS APPLICATION MUST BE COMPLETED AND RETURNED/ WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
■
IAPPI -I CANT
ADDRESS OF ^PJPjjCA
571 14
OWNER
AS (OWNERS TENANT, AG To ETC, SPECIFY)
CITY STATE ZIP PH N
DATE OWNERSHIP DF PROPERTY OBTAINED
ADDRESS OF OWNER CITY ` STATE / Z/P PHONE
IS PROPERTY OPTION OR CONTRACT FOR PURCHASE? M TGAGEE IB NAME AND ADDRESS 7" /(JZj��%1v
YES r/ NO {, j�jp j+jRT�G' A, e;
6 ,
IF APPLICANT 1S NOT OWNER/ IS LETTER OF AUTHORITY FROM OWNER ATTACHED? l YEs NO
LEGAL DESCRIPTION OF PROPERTY COVER2ED� BY APPLICATION
LOT(S) ! ' W �SI Y�3 / E BLOCK
SUsolVISIONr -� �S'C� /�i"� /L`y ij!" 1'S ���%V % �-� /.3l.4r
Pa _ t
(METES AND BOUNDS F"/ • iG�
SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WtOTHS OF ABUTTING IVWIS
ADDITIONAL OEDiCATIONS PROPOSED STRU . CTURy.S LOCATE ON PROPERTY
�
JC �
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING.
CHANGE OF ZONING EXCEPTION t✓� OTHER (SPEC /FY)
VARIANCE AMEND SECTION OF CODE � y/FI4'{jJ'� RAT
PRESENT ZONE -- 551F1 GATBON --- -- -
1 ?5.4
EXPLANATION OF ABOVi"
�- tb z
vt° 40NING REQUESTED
z ._ t
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPL( TtlON.)
CERTIFIED SURVEY SITE PLAN
Pt/0T04'.RApI{S
STATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REOil=STED
%l-COk PLAN or, F,' ;E4n.• *
-
�?if3
THE UNDERSIGNED .HAS .READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORT}NG
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLE AND ELIEF.
SIG HAT
FOR OFFICE USE ONLY
/ �
�y
DATE OF HEARING ��"� � HEARING NO.
rsstoo -so Rev. >o DATE FILED ,. "•�
z ._ t
w co
ilk
4eg
J `l P •� t • - *c - 4V AVAP ~r
Ilk 4004F
�, \1:.,111• „) ! ter► 7 Our. E
24• ! 5' ,O`';�``' 1 `S�• Ivor ®wtcuotm:
1 _ 4 *`
All
� N s �� Ste• /� � �(�' N '
i
t
i
S`3�AFF REP�R'T
PB -90 -004 March 9, 1990
Applicant: John C. DeWitt, Jr.
Request: Approval of the subdivision of the subject property,
waiving the regular platting procedure to create two
building sites where one presently exists
Legal; All of Lot 11 and Lot 12, less the West 25 feet,
Block 1, a resubdivision of Blocks 5, 6 and North
1/2 of "15 of BILTMORE HEIGHTS,' according to the plat
thereof as recorded in Plat Book 39, Page 1 of the
Public Records of Dade County, Florida.
Location:- 5757 S.W. 49 Street
ANALYSISc
The applicant requests permission to create a tract, in order
to construct a single family house. The proposed tract comprises
an area of 6,900 square feet; the parent tract will retain an area
of 10,600 square feet. This proposal does meet the requirements
for RS -4 as set forth in the Land Development Code
RECOMMENDATION:
The staff recommends approval of the proposal.
INFORMATION ON: BLK 1 OF BILTMORE HEIGHTS A RE -SUB PB 39 -1
ADDRESS OWNER LOT SIZE
5784 SW 48 ST. EDITH CUMMINGS 101 X 100
5772 SW 48 ST. ERNEST BADIA &W DOROTHY 85 X 100
5760 SW 48 ST. REINALDO PADRON &W MARIELA 87.5 X 100
5750 SW 48 ST. JOSEPH J. KALBAC JR. 87.5'X 100
5730 SW 48 ST. SHIRLEY B BEHRENS 100 X 100
5718 SW 48 ST. CARLOS DIAZ &W LILIA S. 55 X 100
5700 SW 48 ST. HARRY D. WILLIAMS &W LARUE W -100 X 100
5701 SW 49 ST. PEDRO LANDERA &W,BERTA 100 X 100 -
5727 SW 49 ST. SUBRATA BASU &W ANNA R 80 X 100
5735 SW 49 ST. CHARLES G FOWLER &W BARBARA B 75 X 100
5757 SW 49 ST. JOHN C DEWITT - 175 X 100
5773 SW 49 ST. HAVENER ARTHUR A CAROLINE S 85 X 100
5785 SW 49 ST. SUPRANEE TANTANASIRIVONGES 101 X 100
i
EB -9Q -00
Applicant: John C. DeWitt, Jr.
Request: Approval of the subdivision of the subject property,
waiving the regular platting procedure to create two
building-sites where one presently exists.
Legal All of Lot 11 and Lot 12, less the West 25 feet,
Block 1, a resubdivision`of Blocks 5, 6 and North
1/2 of 15 of BILTMORE HEIGHTS, according to the plat
thereof as recorded in Plat Book 39, Page 1 of the
Public Records of Dade County, Florida.
Locations 5757 S.W. 49 Street
Mr. DeWitt signed in. There were four neighbors of the property
present to speak against this action. Motion for approval was made
by Mr. Parr, seconded by Mr. Lef ley.
Vote: Approved: 4 Opposed: 1 (Jenkins)
PB Minutes 2 3 -13 -30
r -
-- CITY MIA 06
BCH LGL 0
04/27/90 15.03 00305 673 7002
i
8
SOLUTION kO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITX
OF SOUTH MIAMI, FLORIDA TO PURCHASE MATERIAL FOR THE
SOUTH MIAMI FIELD.
WHEREAS, upon recommendation of the Recreation Director,
the City Administration deems it in the public interest to purchase
inateria.l for the deparmmnt, and
WHEREAS, the City Administration is recommending that the
material be purchased from government bid.
NOW tHEREFORE, RE IT RESOLVZD BY THE MAYOR AND THE CITY
CONXISSION OF THE CITY OF SOUTH NIANI, FLORIDA:
Section 1. That the material specified on Exhibit "A"
hereto for the Recreation Department be purchased from Government
bid at a total cost of $1,250.00 to be paid from Account No. 2000-
4620 entitled: Maintenance and Repair - operation Equipment.
PROBED AND ADOPTED this day of , 1990.
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
— i #Tl�' MIA 8CH LGL
04i27i9(� 15 kil $305 67" 7002
a
RESOLUTION NO.
A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI APPOINTING AS CITY
ATTORNEY.
WHEREAS, the City has recently advertised for the
position of City Attorney for the City; and
WHEREAS, after public deliberation the Mayor and City
Commission desire to make an appointment to fill this position.
N4Nf THEREFOREt BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH NZ I, FLORIDA:
Section 1. That is hereby appointed City
Attorney, such appointment commencing
PASSED AND ADOPTED this day of , 1990.
APPROVED:
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
. .r
i
t,� CItY t�ilA BCH LGL
04/27/90 15.02 $8U5 673 7002
d
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA TO PURCHASE EQUIPMENT FOR THE
POLICE DEPARTMENT.
WHEREAS, upon recommendation of the Police Chief, the
City Administration deems it in the public interest to purchase
equipment for the department; and
WHEREAS, the City Administration is recommending that the
equipment be purchased from government Paid.
NOW, THEREFORE.. BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH NIANI, FLORIDA:
Section 1. That the City purchase video editing,
surveillance and computer equipment specified on Exhibit "A" hereto
for the Police Department, this equipment to be purchased from
Government bid at a total cosh of $15,000.00 to be paid from
Account No. 1910 -5450 entitled: Law Enforcement Trust Fund
(Forfeiture Fund)
PASSED AND ADOPTED this day of , 1990.
APPROVED
ATTEST:
CITY CLERit
READ AND APPROVED AS TO FORMS
CI'T'Y ATTORNEY
AV 0
s
CITY' MIA BC:H -LGL �Cttj
04/27/90 15'00 &305 b73 7002
�
RESOLUTION HO. 3'0 -90- 9056 -1,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA ACCEPTING THE LANDSCAPING PLAN
OF SOUTH MIAMI HOSPITAL AS REQUIRED BY THE RESOLUTION
GRANTING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT.
WHEREAS, on March 20, 1990, the Mayor and Commission of
the City of South Miami passe. Resolution 30 -90 -9056 to permit an
amendment to the Planned Development - Hospital District (PD -HD)
in favor of South Miami Hospital conditioned upon an approved
landscape plan, and
WHEREAS, after review by the Administration, the Mayor
and City Commission wish to approve the Plan.
NoN, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF TUB CITY OF SOUTH MIAMI, FLORIDA:
Section I. That the landscape plan prepared by
dated is hereby approved for the
South Miami Hospital Planned Development.
PASSED ED this day of — , 1990.
APPROVED
MAYOR
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
a
7400 S.W. 62nd Avenue
Miami, Florida 33143
(305) 661 -4611
r
_== SOUTH MIAMI
HOSPITAL
April 23, 1990
Rosemary Wascura, City Clerk
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Rosemary: -
In order to comply with City of South Miami Resolution
No. 30 -90 -9056, this letter is a request to appear before the
City Commission at their first meeting in May, May 1, 1990. At
this meeting, South Miami Hospital will be presenting our
landscaping plans.
I have spoken with Sonia Lama, Director of Building and Zoning,
and to Mayor McCann and yourself and all are in agreement that we
will go before the City Commission initially and then proceed to
the Environmental Review and Preservation Board.. I have our
landscape plans ready now and will submit them and anything else
you need in order to get on the May l agenda. Please advise.
Thank you for your consideration.
Sincerely,
J
�-'B1 Wright
Vice'Presid Planning
and Pr'ojec s
BE•dem
Enclosure
CC: Bill Hampton, City Manager
04/27/90 15'02 $305 673 7002 CITY MIA BCH LGL
s
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI ACCEPTING THE AUDITORS REPORT._
WHEREAS, the Charter requires annual audited reports to
analyze and advise the Commission regarding its financial
condition; and
WHEREAS, the Mayor and City Commission wish to accept the
report prepared by the City's independent auditors.
N ®W, THE PORE, BE IT SOLD BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH NI T, FLORIDA:
Section. 1. That the audit report for the fiscal year
ending September 34, 1989 prepared by Rachlin &,Cohen dated March
23, 1990 is hereby approved
g
PASSED AND ADOPTED this day of 1994.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY