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Home My WebLink AboutO-12321J-02-993 12/10/02 ORDINANCE NO. 12321 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 PROPERTY PORTION OF VACATED SOUTHWEST 14TH STREET, FROM THE METRO -RAIL RIGHT-OF-WAY TO SOUTHWEST 15TH ROAD, MIAMI, FLORIDA, FROM "OFFICE" 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. 6, following an advertised hearing, adopted Resolution No. PAB 77-02 by a vote of eight to zero (8-0), 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: Section 1. The recitals and findings contained in the 12 32 1 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 "Office" to "Restricted Commercial" for a portion of vacated SW 14th Street from the Metro -Rail right-of-way to SW 15th Road, Miami, Florida, more particularly described as Tract F of Tentative Plat No. 1594-A, BRICKELL WEST THREE SUBDIVISION. 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 12321 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 12321 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) .'� 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 Janaury , 2003. ATTEST: ISCILLA A. T OMPSON CITY CLERK APPROVED AS''"I'O FORK AND CORRECTNESS: �'.O VILARELLO C, TYTORNEY 360: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 12321 i • ITEM PZ 7 SECOND READING PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER Planning and Zoning Department November 6, 2002 A portion of vacated SW 14th Street from the Metro -Rail Right -of -Way to SW 15th Road Complete legal description on file with Hearing Boards. 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 for a portion of vacated SW 14th Street from the Metro -Rail Right -of -Way to SW 15th Road from "Office" to "Restricted Commercial'. Recommended approval. See supporting documentation. Recommended approval to VOTE: 8-0 City Commission Passed First Reading on December 12, 2002. 2002-0074 Item # 6 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 12321 ANALYSIS FOR LAND USE CHANGE REQUEST A portion of vacated SW 14th Street. Application No. LU- 2002-0036 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Office" to "Restricted Commercial". The subject property consists on a portion of vacated SW 14th Street from the Metro -Rail right-of-way to SW 15th Road with a total area of 0.15 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 property is currently designated "Office" and is completely surrounded by areas designated "Restricted Commercial". The "Office" category allow residential uses to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions; transitory resi- dential facilities such as hotels and motels; general office use; clinics and laboratories; and limited commercial activities incidental to principal activities in designated areas. Supporting facilities such as auditoriums, libraries, convention facilities, places of wor- ship, and primary and secondary schools may be allowed with the "Office" designation. 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, including hotels, are also permissible 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: 12321 • It is found that the subject property, Tract F, with an area of 6,723 square feet is located within a larger subdivision area that consists of over 193,000 square feet and it is also found that the subject property is part of a recent street closure within this subdivision. • It is found that the entire portion of the subdivision located south of the subject property was re -zoned from "Office" to "Restricted Commercial" within the last year and the subject parcel, Tract F, was a remnant parcel and not included in the previous re -zoning. • It is found that the subject property is adjacent to areas designated "Restricted Commercial", and that as an un -buildable parcel within this subdivision, should not remain under the "Office" designation. • It is found that Miami Comprehensive Neighborhood Plan, Goal LU -1 promotes the efficient use of land use and minimizes land use conflicts. 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. 2 1232 12321 RESOLUTION PAB - 77-02 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 A PORTION OF VACATED SOUTHWEST 14TH STREET FROM THE METRO -RAIL RIGHT-OF-WAY TO SOUTHWEST 15TH ROAD, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL". HEARING DATE: November 6, 2002 ITEM NO.: 6 VOTE: 8-0 ATTEST: ;ar'-Gelabert-Sa e- ector Planning and Zoning Department