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HomeMy WebLinkAboutO-12340J-02-549 6/12/02 , ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 610 SOUTHWEST 1sT AVENUE, MIAMI, FLORIDA; FROM "INDUSTRIAL" 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 May 15, 2002, Item No. 5, following an advertised hearing, adopted Resolution No. PAB 34-02 by a vote of seven to zero (7-0), 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: 1.2340 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 "Industrial" to "Restricted Commercial" for the property located at '610 Southwest 1st Avenue, Miami, Florida, more particularly described as approximately: Beginning at the NE Corner of Lot 3 of. Block 39, the South East 50 Feet North to Miami River West along same to Point -North of Beginning South to POB, CITY OF MIAMI SOUTH, Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida. Section 3. It is found that the Comprehensive Plan designation change: (a) is necessary due to the inconsistencies between the Miami Comprehensive Neighborhood Plan and the Zoning Atlas of Zoning Ordinance No. 11000; (b) is consistent with the use of the subject property; (c) is compatible with the designation of the adjacent properties in the area; and Page 2 of 4 1240 (d) is positive and will not impose an adverse effect on the area. 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 hereby 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 '41 3 4 0 r 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).2:1 PASSED ON FIRST READING BY TITLE ONLY this 10th day of October , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of March 2002. EL A. DIAZ, MAYO ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM KLE,IAMRO VI L. CIW7 ATTORNEY W1280:GKW ku) CORRECTNESS: i� 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 12340 GP ITEM PZ 13 SECOND READING PLANNING FACT SHEET APPLICANT Planning and Zoning Department HEARING DATE May 15, 2002 REQUEST/LOCATION Approximately 610 SW 15t Avenue LEGAL DESCRIPTION Complete legal description on file with the Department of Hearing Boards. PETITION Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the land use designation from "Industrial' to "Restricted Commercial'. PLANNING RECOMMENDATION Approval. BACKGROUND AND ANALYSIS See supporting documentation. PLANNING ADVISORY BOARD Recommended approval to VOTE: 7-0 City Commission. CITY COMMISSION Passed First Reading on October 10, 2002. APPLICATION NUMBER 02-031 Item #5 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 :............_............................_......._._......................................._.......__..........__.............._....__.................._...............__._......................_............. ....._.._._..._._..........._.._..._.............: Date: 3/14/2003 Page 1 12340 7� r: ANALYSIS FOR LAND USE CHANGE REQUEST APPROXIMATELY: 610 SW 1St Avenue CASE NO: 02-11 This proposed amendment is to provide consistency with the zoning designation and use of the adjacent properties owned by Florida Power and Light. This proposal has been reviewed for changes to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from existing land use designations of "Industrial" to "Restricted Commercial". The subject proposal is to amend the Future Land Use Map and update the Miami .Comprehensive Neighborhood Plan Map designation for the property located at 610 SW 1St Avenue. The Planning and Zoning Department is recommending approval of this amendment as presented based on the following findings: • It is found that this Comprehensive Plan designation change is necessary due to inconsistencies between the designation of the adjacent and abutting properties under the ownership of Florida Power and Light. • It is found that this change is will provide consistency with the existing use of the Florida Power and Light owned property.. • It is found that the subject property is located immediately adjacent to the Miami River. • It is found that the subject change is positive and will not impose an adverse effect on the adjacent properties. Based on these findings, the Department of Planning and Zoning is recommending approval of the requested Amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 02-11 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: May 8, 2002 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: City of Miami RECREATION AND OPEN SPACE Address: Approximately 610 SW 1 Ave. Population Increment, Residents 54 Space Requirement, acres 0.07 Boundary Streets: North: East: Excess Capacity Before Change 182.80 South: SW 7 St. West: Excess Capacity After Change 182.73 Proposed Change: From: Industrial Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0 acres @ 0 DU/acre 0 DU's Population Increment, Residents 54 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 12,089 Other 0.14 acres @ 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 ResideAtial 0.14 acres @ 150 DU/acre 21 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 11 Population Increment, Residents 54 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 9,984 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 54 Dwelling Units 21 STORM SEWER CAPACITY Peak Hour Person -Trips 11 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Downtown Concurrency Checkoff OK' County Wastewater Collection Zone 309 Drainage Subcatchment Basin J1 SOLID WASTE COLLECTION Solid Waste Collection Route 20 Population Increment, Residents 54 Transportation Corridor Name 1-95 Solid Waste Generation, tonslyear 69 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 431 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION . Population Increment, Residents 54 Peak -Hour Person -Trip Generation 11 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip 1. Permit for sanitary sewer connection must be issued by generation ii based on ITE Trip Generation. 5th Edition at 1.4 ppv average Metro -Dade Water and Sewer Authority Department (WASA). occupancy for private passenger vehicles. Transportation Corridor capacities and Excess capacity, if any, is currently not known 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. CIU 1 im ns/13/9A 12340 �l�!''►�,'�i 1, A t' '14 VYZ US`f', MA M ''"^" .3-' 1, RESOLUTION PAB - 34-02 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 610 SOUTHWEST 1ST AVENUE FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL". HEARING DATE: May 15, 2002 ITEM NO.: 5 VOTE: 7-0 ATTEST: AnaU3jffabejf$ancKez, Director Planning an Zoning Department RN 21 2001 12:33PM MIRMI RIVER COMMISSION 305 361 4755 p.2 0 40 Po i�v Comrutttee: Mr. Jc ror of State of ilorida Miami River Commission Mr. Jcb Bush Designee: Dr. Pamella Dana do Rosenstiel Sc>bool Chair of Nforni-Dade Delegation �Senator Keodricic Meet I 4600 Rickenbacker Causeway `,JDesignec. Ass. Debra Owens Miami, Florida 33149 Chair of Governhtg Board of Olflce: (305) 3614850 South Florida water Management Fu: (305) 361-4755 District em&U: mrc@rsma&mbnW.edu Ms. Trudi K. Williams Designee: Mr. Gerardo Fernandez Miami -Dade State Attorney Ms. Katherine Fesnaadez-Rundle Designee: Mr. Gary V4rmston September 26, 2002 Mayor of Miami -Dade County MayorAlex Penelas Designee: Ms. Sandy O'Neil Honorable City Commissioners Mayor of Miami City Hall Mayor Manuel A. Diaz 3500 Pan American Drive Designee: Mr. Javier Fernindea City of Miami commissioner Miami, FL 33133 Commissioner Joe Sanchez Designee: Ms. Eileen Damaso Re: Recommendation for Approval of City Commission Nliaml-Dade County September 26 2002 Agenda Items PZ -7 & PZ -8 Commissioner p g Commissioner Bruno Barreiro Designee: Mr. Alfredo Gonzalez Dear City Commission: Chair of Miami River Marine Croup Air. Jim Brown This letter serves as the Miami River Commission's (MRC) "official Designee: Air. Richard Bunnell Chair of Marine Coursdl statement" to the City Commission, requested in City Resolution 00- Mr. PH Everingbam 320, regarding September 26, 2002 City Commission agenda items Designee: Mr, James Wellington PZ -7 & PZ -8, which impacts the Miami River corridor. Executive Director of Downtown Development Authority Ms. Patti Allen The Miami River Commission recommends adoption of amending the Designee: Mr. Alonso Menendez Land Use at 610 SW 1 Ave, which is in the lower river section, from Chair of Greater Miami Chamber "Industrial" to "Restricted Commercial" and amending the zoning of Commerce Mr. William o. Cullom from "SD -4, Marine Industrial" to "SD -7, Central Brickell Rapid Designee: Ms. Megan Kelly Transit Commercial -Residential District". This change in zoning and Neighborhood Representative land use, east of I-95, is consistent with the Miami River Appointed by City of Miami Commission Commission's adopted Strategic Plan. Dr. Emest Martin Designee: Mr. Michael Cox Neighborhood Representative Should you have any questions, please feel free to contact MRC staff. Appointed by Miami -Dade Commission Ms, Sallye Jude Ypuf ii, very Truly,,, Designees Ms. Jane Capareili �� Representative from Environmental or Civic Organization Appointed by the Governor obert L. Parks Ms. Janet McAuley , Esq. Designee: Ms. Tbeo Long Member at Large Appointed by the Governor Mr. Robert Parks Cc: Honorable Mayor Manuel A. Diaz Member at Large Appointed by City Manager Carlos Gimenez Miami -Dade Commrssion City Clerk Priscilla Thompson Nis. Sara Babun Designee: Mr. Tom Parker '---'�Member at Lar Appointed by Cit} of Minmi Commission Mr. Cleve Jones, Jr. Designee: Captain Beau Payne Managing Director Captain David Milia Policy Committee: Governor of State of Florida Mr. Jeb Bush Miami Riverfommission Designee: Dr. Pamella Dana Chair of Miami,Dade Delegation clo Rosenstiel School Senator Kendrick Meek 4600 Rickenbaeker Causeway Designee: Ms. Debra Owens Miami, Florida 33149 Chair of Governing Board of Office: (305) 361-4850 South Florida Water Management Fax: (305) 361-4755 District Ms. Trudi K. Williams email: mrc@rsmas.miami.edu Designee: Mr. Gerardo Fernandez Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle March 27, 2003 Designee: Mr. Gary Winston Honorable Chairman Johnny L. Winton Mayor of Miami -Dade County Mayor Penelas City Cy Hall Alex This letter serves as the Miami River Commission's (MRC) "official Designee: Ms. Sandy O'Neil 3500 Pan American Drive Mayor of Miami Miami, FL 33133 Mayor Manuel A. Diaz & PZ -14, which impact the Miami River corridor. Designee: Mr. Javier Ferndndez City of Miami Commissioner Re: Recommendation for Approval of March 27, 2003 City Commissioner Joe Sanchez Commission Agenda Items PZ -13 & PZ -14 Designee: Ms. Eileen Damaso land use amendment at 610 SW 1 Ave, which is in the lower river Miami -Dade County Commissioner Dear Chairman Winton: Commissioner Bruno Barreiro Designee: Mc Alfredo Gonzalez This letter serves as the Miami River Commission's (MRC) "official Chair of Miami River Marine Group statement" to the City Commission, requested in City Resolution 00- Jim Brown De Designee: Mr. Richard Bunnell 320� garre ding March 27� �' on agenda 2003 Ci Commissiitems PZ -13 & PZ -14, which impact the Miami River corridor. Chair of Marine Council Mr. Phil Everingham Designee: Mr. James Wellington The Miami River Commission recommends approval of the proposed Executive Director of Downtown land use amendment at 610 SW 1 Ave, which is in the lower river Development Authority Ms. Patti Allen section, from "Industrial" to "Restricted Commercial" and amending Designee: Mr. Alonso Menendez the zoning from "SD -4, Marine Industrial" to "SD -7, Central Bricked Chair of Greater Miami Chamber Rapid Transit Commercial -Residential District". This change in of Commerce Mr. William o. Cullom zoning and land use, east of 1-95, is consistent with the Miami River Designee: Ms. Megan Kelly Commission's adopted strategic plan, the Miami River Corridor Neighborhood Representative Appointed by City of Miami Urban Infill Plan. Commission Dr. Ernest Martin Designee: Mr. Michael Cox Should you have any questions, please feel free to contact MRC staff. Neighborhood Representative Appointed by Miami -Dade Yours very Truly, Commission Ms. Sallye Jude Designee: Ms. Jane Caporelli Representative from Environmental or Civic Organization Appointed by the AAfv Governor Ms. Janet McAuley Robert L. Parks, Esq. Designee: Ms. Theo Long Chair, Member at Large Appointed by Miami River Commission the Governor Mr. Robert Parks } �,.1 "I " �. D I"TOCc: Honorable Ma or Manuel A. Diaz r"Member at Large Appointed by �' SIT Miami Dade Commission City Manager Joe Arriola •` ' De Sara Babun PUBLIC Designee: Mr. Tom Parker City Attorney Alex Vilarello RECORD F011 Member at Large Appointed by City Clerk Priscilla Thompson City ofMiami Commission ITEM P2-,pitMr. Cleleve Jones, Jr. Designee: Captain Beau Payne3ON,i `a 2 Managing Director Captain David Miller .234 Policy Committee: Governor of State of Florida Mr. Jeb Bush Designee: Dr. Pamella Dana Chair of Miami,Dade Delegation Senator Kendrick Meek Designee: Ms. Debra Owens Chair of Governing Board of South Florida Water Management District Ms. Trudi K. Williams Designee: Mr. Gerardo Fernandez Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. Gary Winston - Mayor of Miami -Dade County Mayor Alex Penelas Designee: Ms. Sandy O'Neil Mayor of Miami Mayor Manuel A. Diaz Designee: Mr. Javier Fern6ndez City of Miami Commissioner Commissioner Joe Sanchez Designee: Ms. Eileen Damaso Miami -Dade County Commissioner Commissioner Bruno Barreiro Designee: Mr. Alfredo Gonzalez Chair of Miami River Marine Group Mr. Jim Brown Designee: Mr. Richard Bunnell Chair of Marine Council Mr. Phil Everingham Designee: Mr. James Wellington Executive Director of Downtown Development Authority Ms. Patti Allen Designee: Mr. Alonso Menendez Chair of Greater Miami Chamber of Commerce Mr. William O. Cullom Designee: Ms. Megan Kelly Neighborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Designee: Mr. Michael Cox Neighborhood Representative Appointed by Miami -Dade Commission Ms. Sallye Jude Designee: Ms. Jane Caporelli Representative from Environmental or Civic Organization Appointed by the Governor Ms. Janet McAliley Designee: Ms. Theo Long Member at Large Appointed by the Governor Mr. Robert Parks Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Tom Parker Member at Large Appointed by City of Miami Commission Mr. Cleve Jones, Jr. Designee: Captain Beau Payne Managing Director Captain David Miller Miami River Commission c/o Rosenstiel School 4600 Rickenbacker Causeway Miami, Florida 33149 Office: (305) 361-4850 Fax: (305) 361-4755 email: mrc@rsmas.m➢ami.edu March 27, 2003 Honorable Commissioner Joe M. Sanchez City Hall 3500 Pan American Drive Miami, FL 33133 Re: Recommendation for Approval of March 27, 2003 City Commission Agenda Items PZ -13 & PZ -14 Dear Commissioner Sanchez: This letter serves as the Miami River Commission's (MRC) "official statement" to the City Commission; requested in City Resolution 00- 320, regarding March 27, 2003 City Commission agenda items PZ -13 & PZ -14, which impact the Miami River corridor. The Miami River Commission recommends approval of the proposed land use amendment at 610 SW 1 Ave, which is in the lower river section, from "Industrial" to "Restricted Commercial" and amending the zoning from "SD -4, Marine Industrial" to "SD -7, Central Brickell Rapid Transit Commercial -Residential District". This change in zoning and land use, east of I-95, is consistent with the Miami River Commission's adopted strategic plan, the Miami River Corridor Urban Infill Plan. Should you have any questions, please feel free to contact MRC staff. Yours very Truly, Robert L. Parks, Esq. Chair, Miami River Commission Cc: Honorable Mayor Manuel A. Diaz City Manager Joe Arriola City Attorney Alex Vilarello City Clerk Priscilla Thompson 12340 CITY OF MIAMI OFFICE OF THE CITY ATTORNEY `n. ©� MEMORANDUM gL 77 �. TO: Priscilla A. Thompson, City Clerk -f- FROM: Maria J. Chiaro, Assistant City Attorney�:`�?• ip DATE: October 4, 2007 ; . RE: Scrivener's Error — Ordinance No. 12340 Ordinance No. 12340 contains a scrivener's error. The City of Miami Commission passed the Ordinance on first reading on October 10, 2002 and on second and final reading on March 27, 2003. The Ordinance states the second and final reading as March 27, 2002. Obviously, the year 2002 should be "2003". This memorandum may be attached to Ordinance No. 12340 so that any concern regarding said discrepancy is clarified.