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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 $� r . J. _ ievelopment of w the Property aa-::l co mi,unI .e -center will Brovide between 300 -COO new jobs,. many- of., - viilonot ice-quire the exceptional educational qualificatiollig. th a t are y1Sic lly associated, ,with a professional ofli, complex. ..a- result, naAy� of the ` residents in the ediately surrounding neighborhoods will be eligible for jobs within the community shopping center that they would Wt otherwise be eligible for if the property were developed as a professional office complex. in short, we believe that the redevelopment of a community shopping center on this site will return the property to its original use, will provide specific necessary services to the surrounding neighborhoods and will allow for and provide for the achievement of the goals of the South Miami Comprehensive Plan in a manner that is more compatible with the neighborhood than the current. low density office designation for the Property, IV. ADDITIONAL MATERIAL SUMUTTED Flo additional material is being submitted at this time, however, an Impact and Compatibility Analysis as required by Rule 9J- 11.006(b) Florida Administrative Code will be submitted after the initial public workshop before the Planning Board. In addition, to the issues raised by the Florida Administrative Rule, the Impact and Compatibility - .• Analysis` will also attempt to address any issues raised at the initial public workshop with the Planning Board. IDC0612C2 t - to ti e3_ -- .f �• 1 L J •.4 �•� ♦ s j • � +.. . i°r� • .. -... .. __ t � =� ;, �;; • x , _, _- __ - - -- _ - -_- _- ri - -- -- - -- - _ - -- s i:i 1-� Q+ - lZ b , �f aim tv the Mimi-owls "W h t3�ority Is that 1903" gtt]]+ m � day at iaH$tary Wsbmtar Wald be if the sib WV& to be ftW Ac dto be 7, WW Appm- arc= Area is c c Pat W 116,749 S.F. 4.5 G.P.D• 8.7. SM PFD AstaivsWices 200216 S.F. 4.S P.P.IL g.l. WD - Grew • . - T 7480 ads Offiab 215, B.F. 9 G.R.D. S.F. 198373 QED e 215,250 B.F. PWJdW. 273,954 B.P. ` .680999 B.F. Ig � � � � .. , c.,. : �r {'� f �� .f :. a f � ,^ . '~ ' �°'f ���,•- .ate'•` : ��:; .c �iiY .. ,�',�.y #�ryT wit y� -•: - • • • `y% � � a_ � ,• �• �. ; • d►a r AV 0 r ,� via VddaG trip W* ationa far the FqmrAd Aad using the {r trip gemntim rates. a wd peek hmm trigs far tbs yrcpo&A gwmsl office and an as dxm in Table 3. am 3 AX Pak Wips BI Pak ftip t it Genend Mice TAnd an 730 - 20,314 4 !t. 413 47 Sa t TWA Use no 8,1225 4tICS 4,W7 M 134 - 254 115,T43, Sg.Tt. 483 4,313 243 1 $70 262 jq rs r } � •::f !„ 1 �t� ny-7t' Sye•' • • �jj � - `� •'N�a- ti�.,y„+� .�•c.,,.'1tr : ' fi "�'' � s a l �t� ?• 4s•e t if /ti::i �i"w �Ci:•:•� 1 %•.� -+r �I'f -l• •_ i -� � `, _ j.... 11• Wit.. r��4 .Y�� •.•. .ice w •• .►r' , ...• a i• �. • e �•;�, - CITY OF SOUTH MIAMI _ _r '.....r.e,.,, VrA pUBLIC HEARII.G BEFORE PLANNING BOARD (►/%.` IN Dv►LICATC) THIS APPUSCAT /ON MUST SE COMPLETED AND RETURNED/ WITS/ ALL ACQUIR[D SUP0 TINA DATA TO THE OF?I Or ",T/tt D//IEGTOR iEFcaE PROCEEDINGS MAY BE STARTED FOA PVBLIC NCARINO. 2pNIieO A►►LI CAAIT 4h arandon Company AS (OWHCR, TENANTS AGENT/ I[TC. SPECIFY$ 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- "• .� -._ �.� ... _° .� -._ 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 J� 32 6 i� L i�9 h b• [Fi � f 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&. •'. , ; - jc 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