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HomeMy WebLinkAboutO-12319J-02-992 11/10/02 123.9 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO-: 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3235, 3245 AND 3255 FRANKLIN AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of November 6, 2002, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 74-02 by a vote of six to one (6-1), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 10544 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 12311 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designation from "Single Family Residential to "Restricted Commercial" for the properties located at approximately 3235, 3245 and 3255 Franklin Avenue, Miami, Florida, more particularly described as Lots 3, 4 and 5, in Block 1 of THE ROYAL GARDENS SUBDIVISION as recorded in Plat Book 20 at Page 3 of the Public Records of Miami -Dade County, Florida. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Page 2 of 4 12319 Comprehensive Plan change within the prior twelve months; (e) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; and (f) is one which is not located within an area of critical state concern. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 3 of 4 12 3 1 9 Section 7. This Ordinance shall become effective thirty- one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2001).1 PASSED ON FIRST READING BY TITLE ONLY this 12th day of December 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of January , 2003. 4% a ao � � 001d �* - IMANUEL A. DIAZ, MAYOR ,;r' ATTEST: PRISCILLA A. THOMPSON CITY CLERK AND CORRECTNESS: ? JUAI&RO VILARELLO TY ATTORNEY W1359:GKW:et:BSS 1/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 coconut grove Chamber of Commerce Chamber Resolution #03 A resolution endorsing the "The Main Highway Development Project" redeveloping of the Taurus Restaurawsite. WHEREAS, the Board of Directors has examined the terms, conditions and obligations of said project, and WHEREAS, Henry Givens, Ivory Cooks, Denise Calvo, George Pena, Wayne Gales, Elena Carpenter and Sylvano Bignon, the Board of Directors present at a duly held corporate meeting on December 9t", 2002, have considered the matter; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Coconut Grove Chamber of Commerce, do endorse the redevelopment of the Taurus restaurant site under the terms of the "Main Highway Development Project. In Witness Whereof, this 12th day of December 2002. Coconut Grove Chamber of C19Rrrnerce President SEAL Pri t Name O"� �itted Into the public �im record in connection with item fZ-3 on /0 - !-" - os— Pris lice A. Thompson City Clerk JqeO 2820 McFarlane Road • Coconut Grove, Florida 33133 * Phone: 305.444.7270 • Fax: 305.444.2498 www.coconutgrove.com 3 t v ITEM PZ 1 SECOND READING PLANNING FACT SHEET APPLICANT Lucia Dougherty, Esq. for David and Christine Hill. HEARING DATE November 6, 2002 REQUEST/LOCATION Approximately 3235, 3245 and 3255 Franklin Avenue. LEGAL DESCRIPTION Complete legal description on file with Hearing Boards. PETITION Consideration of amending Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the land use designation from "Single Family Residential' to "Restricted Commercial". PLANNING RECOMMENDATION Recommended approval. BACKGROUND AND ANALYSIS See supporting documentation. PLANNING ADVISORY BOARD Recommended approval to VOTE: 6-1 City Commission. CITY COMMISSION Passed First Reading on December 12, 2002. APPLICATION NUMBER 2002-0072 Item # 2 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 ............... -......... -.................. ............. -........... ___........................................ _.......... .... _.._............. _................................... _.................................... _........... ..... ..... ...................................... -.. Date: 1/13/2003 Page 1 12319 ANALYSIS FOR LAND USE CHANGE REQUEST . Approximately 3235, 3245 and 3255 Franklin Avenue. Application No. LU- 2002-0032 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Single Family Residential" to "Restricted Commercial". The subject property consists on three lots fronting Franklin Avenue with a total area of 0.72 acre. (Complete legal description on file at the Hearing Boards Office). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The subject properties are currently designated "Single Family Residential" and the same designation is to the north and east; and, to the south and west, the area is designated "Restricted Commercial". The Single Family Residential land use category allow single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities included in the City's adopted concurrency management requirements. Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child care centers and adult day care centers are permissible in suitable locations within single family residential areas. The "Restricted Commercial" category accommodates commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto and often located along arterial or collector roadways. Residential uses equivalent to High Density Multifamily Residential, up to 150 dwelling units per acre, includmi g hotels, are alsopermissible within this land use category. Commercial uses include general retailing, personal and professional services; real estate; banking and other financial services; restaurants; saloons and cafes; general entertainment facilities and private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses described above. Other permissible land uses include motels and hotels; community based residential facilities; offices; major sports and exhibition or entertainment _facilities; places of worship and primary and secondary schools. Mixed - uses containing commercial, office and/or residential are also permissible within this land use designation. The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that immediately adjacent to the south and west, the area is designated "Restricted Commercial". • It is found that the requested change to "Restricted Commercial" is in order to add the land that is the subject of this application to the proposed Major Use Special Permit for the Taurus Project. • It is found that the requested modification is a logical extension of the "Restricted Commercial' classification as it pertains to increasing the flexibility of the subject property to be aggregated to the adjoining parcels and thereby creating a reasonable building site for the proposed Taurus Major Use Special Permit project. • It is found that the request is consistent with Goal LU -1 of the Comprehensive Plan in that the request will promote the efficient use of land and minimize land use conflicts within the area due to the fact that this property is within a transitional area of Coconut Grove. . These findings support the position that the existing land use pattern in this neighborhood should be changed. It also should be stated, that whereas MCNP Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy 1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 02-32 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 10/29/02 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: David & Christine Hill RECREATION AND OPEN, SPACE Address: 3235, 3245, 3255 Franklin Avenue Population Increment, Residents 196 Space Requirement, acres 0.25 Boundary Streets: North: East: Excess Capacity Before Change 182.80 South: Franklin Avenue West: Excess Capacity After Change 182.55 Proposed Change: From:Single Family Residential Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.54 acres @ 9 DU/acre 5 DU's Population Increment, Residents 196 Peak Hour Person -Trip Generation, Residential 7 Transmission Requirement, gpd 43,832 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other 0 Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.54 acres @ 150 DU/acre 81 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 41 Population Increment, Residents 196 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 36,201 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 196 Dwelling Units 76 STORM SEWER CAPACITY Peak Hour Person -Trips 34 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Coconut Grove Concurrency Checkoff OK County Wastewater Collection Zone 310 Drainage Subcatchment Basin S3 SOLID WASTE COLLECTION Solid Waste Collection Route 46 Population Increment, Residents 196 Transportation Corridor Name South Dixie Solid Waste Generation, tonslyear 250 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 250 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 196 Peak -Hour Person -Trip Generation 34 LOS Before Change C LOS After Change C Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer Connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is Currently not known Population increment is assumed to be all new residents. Peak -period trip generation is basedRn ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT -2(R1), Transportation Corridors report Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owners expense. Recreation/Open Space acreage requirements are assumed with proposed change made. 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NIM W"", RESOLUTION PAB - 74-02 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3235, 3245 AND 3255 FRANKLIN AVENUE FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL". HEARING DATE: November 6, 2002 ITEM NO.: 2 VOTE: 6-1 ATTEST: a Gelabert-San , D' for Planning and Zoning Department INCORP ORATED 18 96 PLANNING AND ZONING DEPARTMENT / HEARING BOARDS DIVISION 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-1480 • Fax 305-416-2035 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. 1. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan includin.g reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously Rev. 12/06/01 i 13 pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 2. Two 11x17" original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 3. An 8'/2 x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached form). 5. Complete application should be reviewed and initialed by Planning and Zoning designee prior to submittal. 6. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high-density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice 7. This petition is proposed by: $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 ( ) Planning and Zoning Department (X) Other (please specify): Property Owner, David Hill and Christine C. Hill, Wife 8. The subject property is located at:. 3235, 3245, 3255 Franklin Avenue, Miami, Florida Folio number: 01-4121-049-0030, 01-4121-049-0040, 014121-049-0050. AND MORE PARTICULARLY DESCRIBED AS: Lot(s) 3, 4, 5 Block(s) 1 Subdivision THE ROYAL GARDENS PB 20-3 Rev. 12/06/01 2 12319 9. The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above-described property as indicated in the Land Use Plan: FROM: Single Family Residential TO: Restricted Commerical 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: It is inappropriate because it does not allow for the commercial adjoining parcel who is odd shaped to be developed in accordance with the Goals, Objectives and Policies of the Miami Comprehensive Neighborhood Plan. Specifically, Policy LU -1.6.10, which states: "The City's Land Development Regulations and Policies will allow for the provision of safe and convenient onsite traffic flow and vehicle parking. The abutting property standing alone is odd shaped which makes it difficult to develop a creative design. This change will promote this policy by creating a larger parcel in order to accommodate safe and convenient onsite traffic flow and vehicle parking. A larger site which will include the two adjoining sites will also contribute to the improvement in the built environment and a better designed project. The current designation is further inappropriate because it does not promote the efficient use of land. The subject property developed in connection with its abutting commercial parcel will further promote the redevelopment of a declining commercial area, thereby ensuring the City's goals are met by the revitalization of threatened commercial area. This will allow for a creative designed development that will be compatible with the surrounding neighborhood. This land use designation allows for mix uses to be incorporated into a development. It allows for the flexibility in uses necessary in areas which are difficult to blend the existing and new development such as the Coconut Grove area. 11. Please supply a statement justifying your request to change the plan to your requested plan designation. The subject property abuts property that will be designated commercial, along with an existing parcel that is already designated commercial. However, the property's depth does not support the development of a suitable commercial project. The proposed land use and zoning designation for the subject property would allow for a more comprehensive development because joining it with the abutting commercial properties would create a larger area to develop a project that would be, not only, compatible with its surrounding neighborhood, but further promoting and ensuring that the Goals, Objectives and Policies of the Miami Comprehensive Neighborhood Plan are furthered as described above. A larger site will allow for the development of a creative designed development that will be compatible with the surrounding neighborhood. 12. What is the acreage of the property being requested for a change in plan designation? 23,650 square feet = .54 acres 13. Has the designation of this property been changed in the last year? No 14. Do you own any other property within 200 feet of the subject property? Yes If yes, has this other property been granted a change in plan designation within the last twelve months? No Rev. 12/06/01 3 12319 15. Have you made a companion application for a change of zoning for the subject property with the Hearing Boards Division? Yes 16. Have you filed with the Hearing Boards Division a(n): ■ Owner's list form? Yes ■ Affidavit of ownership? Yes ■ Disclosure of ownership form? Yes ■ List of owners of property within 500 feet of the subject property? Yes If not, please supply them. 17. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? Yes, the property is within the archeological conservation area. 18. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No. 19. What is the purpose of this amendment? To amend the land use designation from Single Family Residential to Restricted Commercial. Signature Name Lucia A. Dougherty Address 1221 Brickell Avenue Miami, Florida 33131 Telephone (305) 579-0603 Date September 3, 2002 Rev. 12/06/01 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 3 day of September 2002 by Lucia A. Dougherty who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. OFFICIAL NOTARY SEAL (Stamp) MIRRIAM REY NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC886684 MY COMMISSION EXP. NOv. 9 STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) 11MIA-SRV01 %1411751 v01 MBB01 !.DOMWO2 Rev. 12/06%01 Signature 5 -2319