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Home My WebLink AboutO-12328J-03-064 1/10/03 ORDINANCE NO. 12 3 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, 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 1700 NORTHWEST 14TH AVENUE, 1635, 1641 AND 1701 NORTHWEST 15TH AVENUE, 1601 NORTHWEST 15TH STREET ROAD AND 1401,1479 NORTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "HIGH-DENSITY MULTIFAMILY 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 20, 2002, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 85-02 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 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 Zoning classification from "High -Density Multifamily Residential" to "Restricted Commercial" for the properties located at approximately 1700 Northwest 14th Avenue, 1635, 1641 and 1701 Northwest 15th Avenue, 1601 Northwest 15th Street Road, and 1401 and 1479 Northwest 16th Street, Miami, Florida, as more particularly described in "Exhibit A" attached and incorporated. Section 3. It is found that the proposed Zoning 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 fewer 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, Page 2 of 5 12328 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 Comprehensive Plan change within the prior twelve months; (e) 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; Page 3 of 52328 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. 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).-11 PASSED ON FIRST READING BY TITLE ONLY this 23rd day of Janaury. , 2003. 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 5 0- 0 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of Februar ATTEST: PRISCILLA A. OMP ON CITY CLERK APPROVED AS Tj;;�'FO r 2003. CORRECTNESS:�� Page 5 of 5 MANUEL A. DIAZ, R 12328 ATTACHMENT "A" TRACT 'A' OF T.M ALEXANDER SUBDIVISION PLAT BOOK 3 PAGE 61 AND TRACT 'B' OF VENAGO SUBDIVISION AND LOTS 1 THROUGH 4 AND 31 THROUGH 40 AND, 47 THROUGH 49 OF BLOCK 4 BRADDOCK'S SUBDIVISION NUMBER 4 PLAT BOOK 3 PAGE 61 AND TRACT 'A' OF CEDARS PARKS SUBDIVISION AND 27 THRUOGH 30, AND 32 THROUGH 36 OF BLOCK 5 OF BRADDOCK'S SUBDIVISION NUMBER 4 PLAT BOOK 3 PAGE 61 12328 ITEM PZ 6 SECOND READING PLANNING FACT SHEET APPLICANT Planning and Zoning Department HEARING DATE November 20, 2002 REQUEST/LOCATION Approximately 1700 NW 14th Avenue; 1635, 1641 and 1701 NW 15h Avenue* 1601 NW 15th Street Road and 1401 and 1479 NW 16th Street 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 future land . use designation for the properties at approximately 1700 NW 14th Avenue; 1635, 1641 and 1701 NW 15 h Avenue; 1601 NW 15th Street Road and 1401 and 1479 NW 16th Street, from "High Density Multifamily Residential" to "Restricted Commercial'. PLANNING RECOMMENDATION Approval. BACKGROUND AND See supporting documentation. ANALYSIS PLANNING ADVISORY BOARD Recommended approval to VOTE: 8-0 City Commission. CITY COMMISSION Passed First Reading on January 23, 2003. APPLICATION NUMBER 02-082 Item #4 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 .. ..................... _.............................. _..................................... _..................... _....................... _-.............. _..:.......... _................... _.................. _........ -_.................................. ---_-------------- --------------- Date: 2/4/2003 Page 1 .1-qgo ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 1700 NW 14th Avenue; 1635,1641 and 1701 NW 15th Avenue; 1601 NW 15th Street Road and, 1401 and 1479 NW 16th Street. Amlication 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 "High Density Multifamily Residential" to "Restricted Commercial'. The subject properties are in an area along NW 14th between NW 16`h and 19`h Streets. (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 in an area along NW 14th between NW 16`h and 19th 'Streets which is designated "High Density Multifamily Residential', and the same designation is to the west. To the east, the area is designated "Major Institutional, Public Facilities, 'Transportation and Utilities"; to the south, the area is designated "Office" and, to the north, the designation is "Restricted Commercial'. High Density Multifamily Residential: Areas. designated as "High Density Multifamily Residential" allow residential structures to a maximum density of 150 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 and services included in the City's adopted concurrency management requirements. Higher densities. may be allowed as shown for these specially -designated areas: Little Havana Target Area 200 units per acre Southeast Overtown/Park West 300 units per acre Brickell, Omni, and River Quadrant 500.units'per acre 1 Supporting services such as offices and commercial services and other accessory activi- ties that are clearly incidental to principal uses are permitted; community-based residen- tial facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community-based residential facilities (15+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may be permissible in suitable locations. "Restricted Commercial": Areas designated as "Restricted Commercial' allow residen- tial uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions; any activity included in the "Office" designation as well as 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, which include: general retailing, personal and professional services, real estate, banking and other financial services, res- taurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that the current designation to the north of the subject property is "Restricted Commercial". It is found that a change to "Restricted Commercial" will be a logical extension of the designation immediately north and it is also found that the change will be beneficial to the area in providing development of commercial activities that serve the daily retailing and service needs of the public, especially since it is located along 14,' Avenue, a major arterial roadway. • It is found that the proximity to the Jackson Memorial Medical complex and the high density residential designation to the west of the subject properties, also makes the subject properties ideally suited for the proposed change; it will make the area more flexible for mixed use development. • It is found that MCNP Goal LU -1. which require the City to maintain aland use pattern that protects and enhances the quality of life in the city's residential neighborhoods and, Objective LU -1.3 requires the City to encourage commercial development within existing commercial areas. These findings support the position that the existing land use pattern in this neighborhood should be changed. 2 12328 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. "� 3 12el28 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 02-36 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 11/12/02 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: City of Miami Planning & Zoning Department RECREATION AND OPEN SPACE Address: 1700 NW 14 Avenue; 1635, 1641, & 1701 NW 15 Avenue; Population Increment, Residents 0 1601 NW 15 Street Road; 1401 & 1479 NW 16 Street Space Requirement, acres 0.00 Boundary Streets: North: NW 19 Street East NW 14 Avenue Excess Capacity Before Change 182.80 South: NW 16 Street West NW 15 Avenue Excess Capacity After Change 182.80 Proposed Change: From: High Density Multifamily Residential Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 3.95 acres @ 150 DU/acre 593 DU's Population Increment, Residents 0 Peak Hour Person -Trip Generation, Residential 297 Transmission Requirement, gpd 0 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 3.95 acres @ 150 DU/acre 593 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 297 Population Increment, Residents 0 Other sq.fL@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 0 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 0 Dwelling Units 0 STORM SEWER CAPACITY Peak Hour Person -Trips 0 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Allapattah Concurrency Checkoff OK County Wastewater Collection Zone 322 Drainage Subcatchment Basin G3 SOLID WASTE COLLECTION Solid Waste Collection Route 17 Population Increment, Residents 0 Transportation Corridor Name SR 836 1-95 - W 42 Avenue Solid Waste Generation, tons/year 0 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 500 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change B LOS After Change B 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 aU new residents. Peak -period trip generation is based on 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 owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. CM 1 im n3H3/Q 12328 NW 20 ST N I W N MAN mw IS ST NW 15 ST ........... ~NW 'l 4 TER 1.77, 7 12328 f > _ ♦ 1✓ t 1 � � t1 ' x 4�i ,yy NN tt rf 7 ML op— ' pa�3`St tq' C Tt h tP .yQ}�y w� y 5 t M . ttK R .ani W. Nk fA rev ,�; '- . r► � � Y .•i11 r — Mw # M ,.,2` *. a ,' X zA A k :•$<. u:a }b +w�4•. .,�+:.` �aY tom,. b y,x, :S•e � opt,Tv t tf •, �� A l h 4 4 � i L� 3 A.t Mp rf Y RESOLUTION PAB - 85-02 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 1700 NORTHWEST 14TH AVENUE, 1635 1641 AND 1701 NORTHWEST 15TH AVENUE, 1601 NORTHWEST 15�H STREET ROAD AND 1401 AND 1479 NORTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL". HEARING DATE: November 20, 2002 ITEM NO.: 4 VOTE: 8-0 ATTEST: Ana labert- chez, Director Planning and Zoning Department