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HomeMy WebLinkAboutO-12342J-03-067 1/10/03 199A1) ORDINANCE NO. i j '' 1 ",v 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 LOCATED AT APPROXIMATELY 281 NORTHEAST 84TH STREET, MIAMI, FLORIDA; FROM "RECREATION" TO "SINGLE FAMILY RESIDENTIAL"; 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 December 18, 2002, Item No. 9, following an advertised hearing, adopted Resolution No. PAB 97-02 by a vote of six to zero (6-0), 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: 12342 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 amended by changing the land use designation from "Recreation" to "Single -Family Residential" for the property located at approximately 281 Northeast 84th Street, Miami, Florida, more particularly described as Lot 12, OAKLAND GROVE SUB, Plat Book 5, at Page 30 of the Public Records of Miami -Dade County, Florida. Section 3. It is found that the Comprehensive Plan designation change: (a) is necessary since the existing Land Use designation of Parks and Recreation is not consistent with the current use of the property located at 281 Northeast 84th Street; (b) is consistent with the proposed intent and use of the said property and will not impose an adverse effect on the said property; (c) is consistent with the Miami Comprehensive Neighborhood Plan; (d) is consistent with the intent of the adjacent, primarily Single -Family Residential, neighborhood. Page 2 of 4 12342 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, Protection, Tallahassee, Florida. Department of Environmental 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. (2002).'-1 PASSED ON FIRST READING BY TITLE ONLY this 27th day of February , 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 3 of 4 12342 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of March , 2003. ATTEST: PRI TT,T. THOMPSON CIT CLERK APPROVED AS -T� FO"D CORRECTNESS:6Kl�-) NDRO'VILARELLO ATTORNEY W1391:GKW:et MANUEL A. DIAZ, MA Page 4 of 4 12342 ITEM PZ 15 SECOND READING PLANNING FACT SHEET APPLICANT Planning and Zoning Department HEARING DATE December 18, 2002 REQUEST/LOCATION Approximately 281 NE 84th Street LEGAL DESCRIPTION Complete legal description on file with 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 "Recreation" to "Single -Family Residential'. PLANNING RECOMMENDATION Approval. BACKGROUND AND ANALYSIS See supporting documentation. PLANNING ADVISORY BOARD Recommended approval to VOTE: 6-0 City Commission. CITY COMMISSION Passed First Reading on February 27, 2003. APPLICATION NUMBER 02-0076 Item # 9 CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Uaie: 6/i4/Luu;j Page 1 19 .4'A'1 ANALYSIS FOR LAND USE CHANGE REQUEST 281 NE 84th Street Application No. LU -02-033 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from existing land use designation of "Recreation" to "Single -Family Residential". The subject property consists of a Single Family dwelling located on the premises. The subject property is located on the Little River in the Little River community. The property located at 281 NE 84h Street is more particularly described as a parcel of land consisting of approximately 17,800 Square Feet. This parcel is legally described as Lot 12, OAKLAND GROVE SUB, Plat Book 5, at Page 30 of the Public Records of Miami -Dade County, Florida. (Complete legal on file with the Hearing Boards Division) 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". A portion of the subject property is currently designated Parks and Recreation. Single -Family Residential: This land use designation allows 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 the required levels of service for facilities and services included in the City's adopted concurrency management requirements. Recreation: This land use designation only allows public parks and recreation uses. Within parks, such recreation uses permit educational and cultural facilities such as mu- seums, art galleries and exhibition space, and marine and marina facilities. Supporting social and entertainment services (restaurants, cafes, retailing), public health (clinics and day care centers) and public safety (police facilities) and entertainment facilities may also be permissible provided that such activities and facilities are an integral part of the parks design or of the recreational function. The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that the subject property is in private ownership, and the land use classifi- cation of Recreation is therefore inappropriate; with the proposed land use classifica- tion of Single Family Residential, the property will be utilized for Single -Family Residential use; therefore the recommendation of Single -Family Residential is consis- tent with the area adjoining the subject property. 1 12342 • It is found that the "Recreation" classification is not consistent with the use of the subject property; therefore the change is necessary to provide consistency. • It is found that the proposed land use classification is consistent with the Goals, Objectives and Policies of the Miami Comprehensive Neighborhood Plan and will not impose an adverse effect on the property. 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. 2 12342 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 02-33 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 10/29/02 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: City of Miami RECREATION AND OPEN SPACE Address: 281 NE 84 Street Population Increment, Residents 9 Space Requirement, acres 0.01 Boundary Streets: North: Little River East: Excess Capacity Before Change 182.80 South: NE 84 Street West. Excess Capacity After Change 182.79 Proposed Change: From: Recreation Concurrency Checkoff OK To: Single-Eamily Residential Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0 acres @ 0 DU/acre 0 DU's Population Increment, Residents 9 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 2,124 Other 0.41 acres @ Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other 0.13 Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.41 acres @ 9 DU/acre 4 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 5 Population Increment, Residents 9 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 1,754 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 9 Dwelling Units 4 STORM SEWER CAPACITY Peak Hour Person -Trips 5 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Little Haiti Concurrency Checkoff OK County Wastewater Collection Zone 308 Drainage Subcatchment Basin C4 SOLID WASTE COLLECTION Solid Waste Collection Route 2 Population Increment, Residents 9 Transportation Corridor Name Biscayne Solid Waste Generation, tons/year Excess Capacity Before Change 12 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 488 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 9 Peak -Hour Person -Trip Generation 5 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 ass"fA°d to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average O=*an y for ate pa= -V r `reh1�. Transportation Comdor capacroa and LOS are from Table PT 2(R1), Transportation Corridors report. Potable water and wastewater transmission capadties are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be or adequate size: it not new connections are to be installed at owner's expense. RecroetioNOpen Space acreage requwaments arc assumed with proposed dwW made. rkn int n,4/1 -,Am 12342 AG, \ RESOLUTION PAB - 97-02 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 PROPERTY LOCATED AT APPROXIMATELY 281 NORTHEAST 84T" STREET, MIAMI, FLORIDA, FROM "RECREATION" TO "SINGLE FAMILY RESIDENTIAL". HEARING DATE: December 18, 2002 ITEM NO.: 9 VOTE: 6-0 ATTEST: Ana Gelabert-Sanchez, Di or Planning and Zoning Department 12342